Adults and children in California often must complete liability waivers before participating in activities, like athletics, amusement park rides, skiing or school trips. Although these forms seek to exempt businesses and other organizations from paying damages when accidents happen, waivers do not necessarily hold up in court. During legal challenges, the language of the waiver, its scope, and the public interest will guide the interpretation of the contract.
Small business owners in California must take care to protect all legal entrants, including patrons and employees, from known hazards. Entrants have the right to a safe environment since they are the ones who are being invited on to the property. This legal theory is known as duty of care.
A zoo volunteer was injured on Jan. 19 in an incident with an orangutan. The story could be of interest to zoo workers in California because it shows the risks that they run in their jobs. The zoo volunteer, together with two paid staff members, entered the area where orangutans were being fed. There, a 14-year-old male orangutan reached out and bit the volunteer's hand, detaching her thumb in a matter of seconds.
Business owners in California have a responsibility to take steps to keep people safe while they are on business property. When a person suffers an injury due to a slip and fall on someone else's property, he or she might be entitled to monetary compensation based on a theory of premises liability. Injured parties might have claims for medical bills, pain and suffering, lost wages or other damages. In many premises liability cases, there are a number of people who might have liability.
Slip-and-fall accidents that occur outside are among the most common kinds of premises liability lawsuits in California and throughout the country. They can happen in parking lots, on pathways or wherever else a dangerous condition may lurk. In many cases, a property owner or the party that possesses the property will be held responsible for an accident causing injury. However, there are some instances in which a property owner may not be held liable for an accident.
California partygoers may wonder about the safety of the nightclubs and party sites they visit, especially when elevated floors and balconies are involved. At one clubhouse near Clemson University in South Carolina, the floor collapsed in the early morning hours of Oct. 21 while a party was in progress. Dozens fell down into the basement as the floor gave way, and 30 people were hospitalized after the incident.
Slippery floors and spoiled produce can pose problems for grocery store owners and operators in California. To combat the problem of slip-and-fall accidents, grocery stores may put down mats or other materials that are easier to walk on. They will also mop floors on a regular basis or wax them to keep people from slipping or otherwise getting hurt. In some cases, employees will walk the store and take note of potential hazards.
In the aftermath of the shooting at the Madden tournament that left two people dead and many others injured, large venue spaces in California are taking another look at their existing security protocols. This is especially true since one of the victims who was injured in the shooting has decided to file a lawsuit against the venue and EA.
Homeowners in California who wonder where the blame would lie if a worker was injured on their property should consider the following guidelines. Premises liability law first of all distinguishes between licensees and invitees and outlines the duties that property owners have to each one.
Swimming pools provide recreation during hot California summers, and the law views them as attractive nuisances. Under this legal doctrine, homeowners might be held liable for accidents involving children in their pools even in cases when people did not give children permission to use pools. Federal records about drownings indicate that over 3,500 people drown in accidents not involving boats annually. In addition to drownings, pool accidents could include slips and falls that cause broken bones and cuts. People with swimming pools have an interest in taking precautions that could prevent pool accidents for children and adults.