Regular Sales Floor Inspections - A Must To Prevent Falls

In a decision handed down on May 31st, the California First District Court of Appeals decided in favor of a customer who had slipped and fallen in a Safeway store, in spite of the fact the lower court had thrown the case out.  According to the Court's decision, the fact that the aisle where the accident happened may not have been inspected for a period of 20 minutes raised an inference there may have been negligence.  Even though the store had a custom and practice of regularly inspecting the sales floor, the facts of the case revealed this may not have been done for a period of 20 minutes before the customer fell, because of water from an unknown source on the floor.   The case had been dismissed on a motion by Safeway, essentially arguing that they had neither actual nor constructive knowledge of the water on the floor.  The appellate court reversed.

What this case demonstrates is something critically important under California premises liability law.  Before liability can be imposed on a business, in the case above a grocery store, it must be shown that the defendant had actual or constructive notice of the presence of a "dangerous condition", such as water on a tile floor.   The essence of a constructive notice claim is that the condition existed for such a length of time that it could and should have been discovered upon reasonable inspection.  What the court held in the case above was that the definition of reasonable inspection is nowhere precisely set forth in the law (either by statute or case law) so it should be left to the sound discretion of a jury to determine.  In short, this case is a reminder that the burden is often on the retailer or other business owner to prove a lack of notice.  The burden on the injured party is sometimes limited to showing the existence of the dangerous condition and that it was the cause or a contributing factor in the happening of an accident.

Compensation for the victims of slip and fall accidents, caused by a retailer's negligence in not regularly inspecting their sales floor, should be an important concern for all Californians. When a business patron is injured because regular and frequent measures were not taken by a business owner to keep the property safe, the owner should be held accountable and compensation paid to the victim.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years of experience handling slip and fall cases, including just this type.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a slip and fall at a business that could have been prevented?

This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Is Weight Loss Surgery Worth The Risk?

A new study at Stanford University has revealed that "minimally-invasive" weight loss surgery is "safer" than an open procedure.  The minimally invasive surgery is performed via a scope with only small incisions being made in the abdomen, the laparoscopic technique.  The open procedure involves a more traditional, larger abdominal incision.  According to the study, fewer patients undergoing the minimally-invasive weight loss surgery suffer complications, and they tend to leave the hospital sooner.  

See the Fox News report and article summary HERE.  

While there are a number of different approaches to weight loss surgery, all of the techniques generally involve reducing the size of the stomach to lessen food intake and calorie absorption.  No matter how performed, these surgeries carry with them substantial complication rates.  For example, the researchers in this new study found about 1 in 5 patients undergoing open surgery had at least one complication -- such as developing pneumonia or needing a blood transfusion -- compared to just over 1 in 8 patients who had less-invasive surgery.  There is also a death rate among open procedure patients of 1 in 500 and a rate of about 1 in 1,000 among those who had laparoscopic surgery.  If all of this were not enough, the failure rate among all weight loss surgeries is reportedly as high as 30%.  This is apparently to say nothing of the rate of malpractice committed by weight loss surgeons, which does not appear to have been the subject of any study.  With all of this to be taken into account, is weight loss surgery really safe?

Compensation for victims of medical malpractice committed by weight loss surgeons should be an important concern for all Californians.  When a physician carelessly harms a patient, they should be held accountable.  An Orange County medical malpractice lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has over 21 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of a botched weight loss procedure?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

Violent Road Rage Video Raises Legal Questions

Video of a violent road rage incident that reportedly occurred last Tuesday has surfaced and is being broadcast by major media outlets.  According to the story run by KTLA news, the incident happened at about 3:30 p.m. on the northbound 5 Freeway at 7th Street in Los Angeles.  From the video, one man (who was driving a Honda) is seen arguing with a group of three younger men (all occupants of a Volkswagen) outside of their vehicles on the freeway.  At one point, the Honda driver and one of the younger men square off and a fist fight begins.  Eventually, another of the occupants from the VW jumps into the brawl, and the Honda driver is taken to the ground.  He is ultimately kicked in the head at least four times after he appears to be unconscious from an earlier head kick.  Police are looking for witnesses and the occupants of the VW, license number 3UGW962.

See the KTLA news story and the video HERE.

The violence of the incident above is shocking, and the legal ramifications are surprisingly complex.  First, although it is unknown what happened before the video began, it seems pretty clear this road rage assault was initially a case of "mutual combat".  Both the younger and the older gentleman appeared to agree to fight, and both raised their hands to begin.  It was actually the Honda driver who threw the first blow, a straight kick.  Under the law, voluntary mutual combat outside the rules of sport is a breach of the peace, mutual consent is no justification, and both participants are guilty of criminal assault.  As for civil liability,  as between the combatants, the tort involved is that of assault and battery, and the general rule is that each participant has committed a battery on the other, so each may hold the other liable for any injury inflicted although both consented to the contest.  In the case above, the three who actually engaged in the fight would all appear to be guilty of criminal assault, and each would be civilly liable to the other for the injuries.  The kicks to the victim on the ground, however, went beyond the mutual combat, and would likely be characterized as separate crimes, perhaps rising to the level of a felony depending on the nature of the Honda driver's injuries.

In situations such as this, sometimes the question arises as to whether those present had a legal duty to intervene.  In general, there is no duty to act as a "good samaritan" and go to the aid of another in situations like this.  However, if aid is commenced then it must be carried out in a careful manner, so as not to worsen the position of the party who is to be rescued.  The good samaritan rule is different if there exists a "special relationship" between the victim and the rescuer, such as that existing between a business owner and invitee. 

Compensation for the victims of criminal assaults should be an important concern for all Californians.  When an assault takes place, the perpetrator(s) should be held accountable and compensation paid to the victim.  An Orange County injury lawyer with experience at handling such cases can make a fair assessment of these claims.   Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of an assault that could have been prevented?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Suspected DUI Driver Causes Fatal Accident In Boyle Heights

Late Saturday night a suspected drunk driver plowed his vehicle into a crowd near a taco truck in Boyle Heights, killing two people.  According to news reports, the female driver, now facing felony charges, was being followed by CHP officers because of her erratic driving, speeding and weaving in and out of lanes on the northbound 5 freeway.  The suspect, 38-year-old Elba Jimenez of Upland, ignored officers' attempts to pull her over as she exited the freeway at Cesar Chavez Avenue, ran a red light and crashed into the parking lot.  Marlene Alatorre, 19, and Claudia Fernandez, 38, were killed in the accident.  Two victims inside the taco truck, a man and a pregnant woman, were taken to L.A. County Medical Center for their injuries. Alatorre's family is accepting donations for funeral services.

See the KTLA news story and video HERE.

This shocking and tragic story is becoming all too familiar.  An alleged drunk driver causes a fatal collision and his changed so many lives in the process.  According to the news reports, Alatorre leaves behind a 1-year-old baby, who will never know their mother.  Few things in this world could be more tragic than the loss of a young mother who leaves behind a small child.  Because of Jimenez' selfish acts, both the Fernandez and Alatorre families can never be the same.  While monetary compensation is far from perfect justice, this is the only thing that can be given to these two families to perhaps make their lives at least a little more comfortable than they would be without it.  Nothing can fairly compensate a family for the loss of their loved one's society, care, comfort, affection, love and support.

Compensation for the victims of fatal automobile accidents caused by a drunk driver should be an important concern for all Californians.  When a driver operates their vehicle recklessly or while impaired so as to cause a serious or fatal accident, they should be held accountable.  An Orange County auto accident attorney with experience at handling wrongful death cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling Orange County automobile accident cases, including those involving wrongful death.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an DUI accident?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Suspected Drunk Driver Causes School Bus Collision

Yesterday afternoon five children were injured in a school bus crash, reportedly caused by a suspected drunk driver.  The accident occurred a little after 3:00 p.m. when a female driver made a left turn in the path of the bus at a Gardena intersection.  The 30-year-old driver of the Mitsubishi Eclipse was taken for a medical evaluation and was to be booked on suspicion of drunk driving.  According to the CHP officer investigating the accident, the woman had the odor of alcohol on her breath.  Fortunately, none of the injuries to the children or the bus driver were described as serious.

See the KTLA news story and video HERE.

Drunk driving accidents are far too common, and the one above is a perfect example of what happens.  A driver, who probably doesn't think they are impaired, makes a poorly calculated decision they can make a turn safely when in fact the oncoming vehicle (bus) was too close, causing the accident.  In this instance, the impact was severe enough to all but demolish the front of the bus and send it into a nearby building.  Everyone aboard the bus is fortunate the injuries were not more severe.  Now, the female driver of the Mitsubishi faces felony drunk driving charges (because of the injuries) and civil liability for her violation of the law.  If the driver is found guilty of a violation of the left turn law (California Vehicle Code Section 21801) and/or the drunk driving statute (California Vehicle Code Section 23152), her civil liability will have been likewise established by the doctrine of "negligence per se."

Compensation for the victims of drunk driving collisions should be an important concern for all Californians.  When an impaired driver carelessly causes a serious or fatal accident, they should be held accountable for the injuries and damages to the victims and those family members left behind.  An attorney with experience at handling DUI accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 21 years years of experience handling traffic collision cases.  He can be reached at 714-919-4415 for a FREE 

CONSULTATION.

Have you or a loved one been seriously injured in an accident caused by an impaired driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Hit-And-Run Victim In Buena Park Hospitalized

On Sunday afternoon, a pedestrian was run over by car in Buena Park in what appears to have been an intentional hit-and-run.  The incident was caught on video, and the Buena Park Police Department is actively investigating the collision.   According to news reports, the hit-and-run was reported just after 1:00 p.m. and officers responded to the scene at Orangethorpe Avenue and Campus Drive to find a 20-year-old victim in the street.  Police described the car as a gold, four-door compact sedan -- possibly a Mitsubishi or Infiniti -- with tinted windows.  The car sustained moderate damage to the front passenger-side windshield during the crash.  The victim was taken to UCI Medical Center and is expected to survive.  

Anyone with information on the car is asked to contact police at 714-562-3970.

See the KTLA news report and video footage HERE.

It is rare that an accident like the one above occurs without there being some motivation and/or intoxication on the part of the driver.  In this instance, from a review of the video, it appears the driver actually took aim and struck the pedestrian on purpose, before speeding away.  That driver, who will likely be identified, is facing very serious criminal charges for felony hit-and-run.  In addition to that, there is the civil liability of the driver for the injuries and damages the victim sustained.   One issue that inevitably arises in situations like this is one of insurance coverage.  Under California law, a driver cannot be insured for "willful acts".  Under California Insurance Code, § 533, an insurance company is not liable for a loss caused by a willful act of the insured.  In this case, the hit-and-run victim could be left with little or no compensation because of the statutory prohibition against such insurance coverage.  The victim's remedies will likely be against only the driver of the car and his personal assets, if any.

Compensation for the victims of hit-and-run accidents should be an important concern for all Californians. When a driver operates their vehicle in a reckless or intentional manner causing a serious or fatal accident and then flees the scene, they should be accountable for all of the injuries and damages they cause.   An attorney with experience at handling hit-and-run accidents can make a fair assessment of these claims. Mr. Ralph has more than 20 years years of experience handling auto and personal injury cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by a hit-and-run driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Bryan Stow Case - Where Was Security?

In the criminal case arising from the tragic beating of Bryan Stow at Dodger Stadium, testimony of Stow's friend revealed a great deal had transpired between Stow and his eventual assailants before the nearly fatal attack.  According to KTLA news, Stow's friend, Corey Maciel, testified at the preliminary hearing for the two suspects that Stow and his friends had endured hours of heckling and thrown food inside the stadium.  Even after this occurred, Stow's group was further taunted in the parking and loud words were exchanged before the final, vicious attack.  The two suspects, Marvin Norwood and Louie Sanchez, are now facing a number of serious felony charges.

See the KTLA news story and video HERE.

As a general principle, there is no duty for anyone to act to protect others from the misconduct or criminal acts of third parties.  However, such a duty may be present if there exists a “special relationship” between the parties.  Courts have found such a special relationship in cases involving the relationship between business proprietors such as shopping centers, restaurants, and bars, and their tenants, patrons, or invitees.  Where the special relationship duty exists the business owner must take reasonable steps to secure common areas against foreseeable criminal acts of third parties that are likely to occur in the absence of such precautionary measures.  In the Stow case, the Dodger security staff had a duty to protect patrons from foreseeable misconduct and criminal acts.  Since the Dodger security staff knew or reasonably should have known what was happening, their duty likely included an obligation to take reasonable, relatively simple, and minimally burdensome steps to attempt to avert that danger.  If Stow and his friends had been escorted to their vehicle by security or those causing a disturbance had been arrested for disturbing the peace, would the assault on Stow have occurred?  It seems likely it would not have happened.

Compensation for the victims of violent crimes that occur on a business owner’s property should be an important concern for all Californians.   When a business owner's patron is attacked on their property they should be held accountable if they failed to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.   An Orange County personal injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 21 years of experience handling personal injury and premises liability cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a violent crime that occurred at a place of business?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Teen Driver Runs Down Students In Crosswalk

Last Wednesday a tragic automobile collision occurred in front of Hemet High School, injuring 8 students while they were in a crosswalk.  According to news reports and the CHP, an 18-year-old driver was traveling faster than 50 mph in a school zone and weaving through traffic when he ran a red light and plowed into a group of about 30 students.   Officials announced just yesterday that the claim of a brake failure by the driver, Daniel Carrillo, was not supported by a full mechanical inspection, which revealed no mechanical defect contributed to the accident.  One of the eight students injured, a 15-year-old girl, remains hospitalized with a severe head injury.  Criminal charges against Carrillo are expected to be filed by the end of this week.

See the Press Enterprise story and CHP news conference HERE.

During the CHP press release regarding the incident, it was revealed that Carrillo had only had his driver's license for 15 days prior to the collision.  While his youth and inexperience were likely contributing factors, this young man's actions would seem to reflect a callous disregard for others.  Because of the reckless nature of his driving, Carrillo could be facing felony charges.  Teen drivers are notorious for making poor decisions behind the wheel, but the actions of Carrillo in traveling more than twice the speed limit and weaving through traffic before running a red light would seem to reflect a level of recklessness rarely seen.  His actions, captured on video, were likely beyond the "reasonable man" standard and well into something approaching intentional misconduct.  Every one of his eight victims will now have to deal with the memory of this horrific tragedy and some may have to live with physical limitations for a lifetime.  

Compensation for the victims of serious traffic collisions should be an important concern for all Californians. When a driver recklessly causes a serious or fatal accident, they should be held accountable for the injuries and damages to the victims and those family members left behind.   An attorney with experience at handling auto accident cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling traffic accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been seriously injured in an accident caused by a reckless or inexperienced driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case. 

Hospital Fined After Poor Nursing Care Leads to Death

On Friday, it was announced that Southwest Healthcare System has been fined $100,000 by the California Department of Public Health for failures in procedures that led to the death of a baby during delivery.  According to an article in the Press Enterprise, this latest fine was imposed as a result of substandard nursing care that occurred at Rancho Springs Medical Center in Murrieta.  A delivery nurse failed to timely alert a physician when the nurse could not find a steady fetal heartbeat.  The baby was thereafter delivered by cesarean section but had no heartbeat and was not breathing.  After 30 minutes of resuscitation efforts, the baby was pronounced dead.

Read the full Press Enterprise article HERE.

Unfortunately, the scenario described above is not an unfamiliar one.  In a busy hospital setting, nursing neglect occurs, and it often happens during labor and delivery.  The failure to closely monitor a baby's heart rate (especially decelerations) sometimes occurs and leads to tragic results.  When a baby is in distress, and conservative measures have failed (such as repositioning the mother, etc.), then an emergent c-section becomes necessary to ensure the baby does not sustain significant oxygen deprivation (anoxia) and related brain or other injury. Oxygen deprivation during delivery can lead to brain injury, blindness, cognitive and learning disabilities, physical disabilities, and even death.  As in the case above, when the emergent delivery is necessary to prevent prolonged oxygen deprivation, and that delivery is delayed because of malpractice, the injured child and their family may be entitled to compensation for the resulting injuries and damages.

Compensation for victims of medical and nursing malpractice should be an important concern for all Californians. When a physician or nurse carelessly harms or kills a patient, they should be held accountable. An Orange County medical malpractice attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has over 20 years of experience handling personal injury and medical malpractice cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been the victim of nursing or medical error during labor and delivery?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.