Fatal Shooting Outside of Colton Bar: Potential Liability?

The Sun has reported that the suspect in a fatal shooting outside of a Colton bar has been arrested near the Mexican border.  The shooting occurred just after 1:00 a.m. on Friday (January 25th) just outside the Linko's Cocktail Bar.  The suspect, 25-year-old Larry Flaco Morales, has been booked on suspicion of murder.  The Sun report indicates the killing may have occurred after a fight at the bar.  The 34-year-old victim, from Moreno Valley, died at a local hospital, and he has yet to be identified.  

Potential Liability for The Bar

It has long been the law in California that a business owner who serves intoxicating drinks to customers for consumption on the premises must “exercise reasonable care to protect his patrons from injury at the hands of fellow guests”.  That duty is imposed when one or more of the following circumstances exists: (1) A tavern keeper allowed a person on the premises who has a known propensity for fighting; (2) the tavern keeper allowed a person to remain on the premises whose conduct had become obstreperous and aggressive to such a degree the tavern keeper knew or ought to have known he endangered others; (3) the tavern keeper had been warned of danger from an obstreperous patron and failed to take suitable measures for the protection of others; (4) the tavern keeper failed to stop a fight as soon as possible after it started; (5) the tavern keeper failed to provide a staff adequate to police the premises; and (6) the tavern keeper tolerated disorderly conditions.  

While it is not clear whether there was a fist fight that preceded the shooting, either inside or outside of the bar, that factual determination may well have an impact on the potential liability for Linko's.  If violence could reasonably have been anticipated and bar employees failed to take necessary precautions, the bar owner could face civil liability.

Wrongful Death Claims

Under California law, certain surviving family members may bring an action for wrongful death in the event a loved one is killed because of the intentional or careless conduct of another.  A wrongful death action requires the plaintiff to prove the death would not have occurred but for the defendant's act or omission.  In the case above, it must be shown that some reasonable intervention would likely have prevented the death of the shooting victim.   For example, if it can be shown there was a fight inside or outside the bar for some period of time, and either security or law enforcement intervention could have changed the outcome, the bar owner may be held liable.

Premises liability cases, especially those arising from a third party's misconduct or criminal behavior, are difficult to prove and require a personal injury attorney with years of experience at handling such cases.  Not every claim can be successfully prosecuted so obtaining a legal opinion as early as possible is a critically important first step.

SOURCE:  Man wanted in Colton shooting arrested at Mexican border, January 26, 2013, by Beatriz E. Valenzuela

California Supreme Court Decision - Amusement Park Safety

In a recent decision by the California Supreme Court (Nalwa vs. Cedar Fair (2012) 55 Cal. 4th 1148), it was held that an amusement park has no duty to ensure a rider's safety when that patron assumes the risk of riding a bumper car, even where the plaintiff sustained a broken wrist from a "head-on" collision.   The Court's decision was based on a long line of cases arising from sporting activities and in which it has been held the participant has "assumed the risk" inherent in the activity.  This new decision has now extended the assumption of the risk doctrine to at least some amusement park rides.

Impact of The Decision

The issue presented by the Supreme Court's decision is whether this holding marks the beginning of a long line of cases in which the assumption of the risk doctrine will defeat seemingly legitimate claims.  In Nalwa, the Court noted that the amusement park company ran a number of other bumper car attractions in which the cars could only travel one direction, preventing direct, head-on collisions.  In spite of this fact, the Court declined to hold the amusement park company liable for failing to do so at the park where the plaintiff was injured.  Without some evidence the defendant had increased the risk of injury inherent in the activity of bumper car riding, Nalwa was left without a remedy and without compensation.

Certain Claims Still Remain

Following the Nalwa decision, there still remain viable cases arising from sporting and recreational activities.  Under California law, , operators, instructors and participants in recreational and sporting activity owe other participants the duty not to act so as to increase  the risk of injury over that inherent in the activity.  In other words, if it can be shown there was a unique danger caused or created by the defendant, beyond that occasioned by ordinarily negligence, then a willing participant in such recreational or sporting activities may have a meritorious case.  Generally, it must be shown the defendant's conduct was reckless in that it was totally outside the range of the ordinary activity involved.  Such a determination must be made on a case-by-case basis.

If you or a family member have been involved in an accident while engaging in some recreational or sporting activity, it may be best to consult with a personal injury attorney to find out what right there may be to compensation.  These cases are inherently difficult, but careful examination of the facts may reveal a defendant acted or failed to act in accordance with the law, entitling the injured party and their family to compensation.

SOURCE:    Nalwa vs. Cedar Fair (2012) 55 Cal. 4th 1148, December 31, 2012

Three Fatalities in Redlands Head-On Crash

The Banning-Beaumont Patch has reported a tragic accident in Redlands that took the lives of three people on Thursday morning.  Two vans, one a minivan carrying eight people, collided head-on while traveling on Orange Street near the Santa Ana River bridge.  According to the news report, all three of the victims who were killed were riding in the northbound minivan and none was wearing a seatbelt.  The speed limit in the area is 55 miles per hour, but it is unknown precisely how and why this horrible accident occurred.  Later reports have identified the deceased as a 19-year-old male resident of Redlands, a 58-year-old female resident of Redlands and a 33-year-old male resident of Highland.  The six injured, including the sole occupant of the larger, Chevrolet van were hospitalized with unknown injuries.

Cause of the Collision

From a cursory look at the photographs of the accident scene, it would appear the skid marks on Orange Street are from the minivan.  And, given the points of rest of the two vehicles and their respective positioning, it would appear the Chevrolet van may have crossed into the opposing lane of travel, causing this head-on collision.  Obviously, at this point, the accident is still under investigation, and it is unknown whether this will be the conclusion of the accident investigators.  Additionally, assuming the Chevy van did cross over the center line, the reason for that is unknown.  According to the California Office of Traffic Safety, the City of Redlands ranks among the worst in terms of injury and fatal accidents for cities of similar size.  The City ranks 18th out of 103 in terms of injury and fatal collisions.  As for Orange Street in the area of the accident, it does not appear to have any unusual configuration as it is relatively straight, with a slight grade.

Seatbelts and And Other Safety Measures

According to the news reports, citing official sources, none of the occupants of the minivan was wearing a seatbelt.  According to the Centers for Disease Control and Prevention, adult seat belt use is the most effective way to save lives and reduce injuries in crashes.  In spite of this fact, millions of adults do not wear their seat belts on every trip.  According to government statistics more than half of all motor vehicle accident-related fatalities could have been prevented by the use of seatbelts.  While some accidents are not survivable, because they are so severe, thousands of lives can be saved every year if seat belts are worn.  In accidents like the one above, it is generally necessary to retain a biomechanical expert to determine whether seat belts would have made a difference in terms of survival.

Losing a loved one is a devastating experience and one that cannot be adequately measured in dollars.  However, in a civil justice system the only available remedy to the surviving family is the monetary compensation the defendant must pay.  An automobile accident attorney can be of assistance in evaluating the merit and compensation potential in such cases.   Wrongful death actions in California are premised on statute and only certain family members are entitled to pursue such a lawsuit.  The first step to obtaining civil justice is contacting a qualified injury attorney.

SOURCE:  UPDATE:  Three Killed, Six Hospitalized in Redlands Crash on North Orange St., January 17, 2013, by Gina Tenorio, Renee Schiavone, and Guy McCarthy

Pedestrian Killed in Moreno Valley - Driver Arrested

According to a report in the Press Enterprise, A 20-year-old pedestrian in Moreno Valley was killed Tuesday night by the driver of an SUV who was arrested on suspicion of driving under the influence.  The victim, Edward Pattio, Jr., sustained major head trauma and was taken emergently to Riverside County Regional Medical Center, where he died about two hours later.  The driver of the SUV was apparently uninjured.

  

The Moreno Valley Accident Scene

The intersection where the accident occurred is in what would best be described as a residential area.  There are a number of homes and apartment complexes near the collision scene, and the area appears to have a number of streetlights that would presumably illuminate any pedestrian crossing the street.  It is unknown precisely how the accident unfolded, but it would seem the possible intoxication of the driver is perhaps the leading causative factor.  In a relative sense, the City of Moreno Valley is reasonably safe when it comes to pedestrian accidents, at least according to the California Office of Traffic Safety and the statistics compiled in 2010.

California Law Relative to Pedestrian Accidents

While the old adage, "the pedestrian always has the right of way", is not quite accurate, California law does go some distance to protect pedestrians, even those crossing the street outside of a marked crosswalk.  Even though the Vehicle Code requires pedestrians crossing a street between intersections to "yield the right of way", a driver is relieved from their duty of exercising due care, which would be breached if the motorist fails to see the pedestrian when an ordinarily prudent person exercising due care would have seen him.

If you or a family member are injured, or worse, while crossing the street, an Orange County car accident attorney with more than 21 years of experience can be of help.  A personal injury lawyer handling these cases for their entire career will understand the accident reconstruction issues, the law and compensation factors necessary to ensure a fair recovery.

SOURCE:  MORENO VALLEY: San Bernardino man killed by SUV, January 9, 2013, by John Asbury

Larry Miller Recovering From Slip and Fall

According to recent news reports, actor Larry Miller is expected to make a full recovery after suffering a traumatic brain injury after a fall last spring.  Yahoo News/TV Guide and another news source (Eonline) have reported that Miller (who has appeared on Curb Your Enthusiasm, Seinfeld, Mad About You and Boston Legal) slipped and hit his head on a sidewalk just outside a Los Angeles bar on April 3, 2012.  According to a spokesman for Miller, the actor slipped into a coma and had to be placed on life support for one month at UCLA Medical Center.  Since the accident, Miller, 59, has been through therapy to regain his basic cognitive functions, and he is expected to make a full recovery. 

Slip and Fall Risks 

Falls like that involving Larry Miller are very common, especially among older adults.  While Miller was just 58 at the time of his tragic accident, he is approaching the age range in which a significant number of adults are injured from falling.  According to the Centers for Disease Control and Prevention, among older adults (those 65 or older), falls are the leading cause of injury death. They are also the most common cause of nonfatal injuries and hospital admissions for trauma.  Obviously, as we age our ability to traverse uneven or slippery walking surfaces decreases.  There are things we can do to lessen the risk  of injury from falls such as exercising regularly, having our eyes checked and avoiding areas of known tripping hazards.

Traumatic Brain Injuries

According to the news reports discussing Miller's injuries, he sustained what is known as a traumatic brain injury (TBI).  Such injuries are life threatening and can have devastating effects that last a lifetime.  Cognitive impairment and profound mood changes are but a couple of the lingering problems often caused by a TBI.  The CDC reports that, on average, approximately 1.7 million people sustain a traumatic brain injury each year.  

If you or a loved one sustain severe injuries from a slip or trip and fall, an Orange County slip and fall attorney can be of assistance in securing compensation.  If the fall has led to a TBI or other permanent injury, and was caused by another's neglect, the rights of the injured party and their family should be protected

.

SOURCE:  Larry Miller Recovering After Near-Fatal Brain Injury, TV Guide, by Sadie Gennis, January 8, 2013. 

ESPN Anchor Returns To Work After Gas Explosion

On December 11th, ESPN anchor Hannah Storm was reportedly injured in a gas explosion involving her back yard BBQ.  According to Yahoo Sports, Storm was injured when trying to re-ignite her propane gas grill.  The grill exploded causing bad burns over a large part of her body and face.  The report from Yahoo indicates Storm suffered second-degree burns on her chest and hands, and first-degree burns to her face and neck. She lost her eyebrows and eyelashes, and roughly half her hair.  In spite of these serious injuries, Storm returned to her job on New Year's Day, and she is expected to cover the BCS Championship game in Miami on January 7th.

Gas Grill Fires and Explosions

Generally, gas grills are safe and consumer injuries are relatively rare.  According to the U.S. Consumer Product Safety Commission, each year, about 600 fires/explosions occur with gas grills resulting in injuries to about 30 people.  In spite of what seems like a relatively low risk, the CPSC has implemented new requirements for propane gas tanks that took effect on April 1, 2012.  The new requirements mandate that tanks have an overfill safety device, intended to reduce leaks and the number of fires and explosions that result.  

Safety Precautions You Can Take

According to the CPSC, there are a number of safety precautions you can take to lessen the chance of an injury-causing fire or explosion.  Those guidelines include the following:

• Check grill hoses for cracking, brittleness, holes, and leaks. Make sure there are no sharp bends in the hose or tubing.
• Move gas hoses as far away as possible from hot surfaces and dripping hot grease.
• Always keep propane gas containers upright.
• Never store a spare gas container under or near the grill or indoors.
• Never store or use flammable liquids, like gasoline, near the grill.
• Never keep a filled container in a hot car or car trunk. Heat will cause the gas pressure to increase, which may open the relief valve and allow gas to escape.
• Make sure your spark ignitor is consistently generating a spark to create a flame and burn the propane gas. If the flame is not visible, the heavier-than-air propane gas may be escaping and could explode.
• Never bring the propane tank into the house.

In spite of these precautionary measures, accidents are still going to happen.  Sometimes, these unfortunate events result from a product defect that may cause or contribute to the happening of a fire/explosion.  Information and a listing of specific products, product warnings and recalls related to gas grills can be found on the CPSC's website.

What To Do If You Are A Victim

If you or a loved one becomes a victim to a defective or unreasonably dangerous product, there are certain steps that should be taken to preserve evidence and better ensure compensation in the future.  First, the instrument or product suspected of causing the injury should be photographed in its immediate post-accident state, if at all possible.  Additionally, the product itself and any related components should be secured and then protected from compromise until authorities have been notified and an products liability attorney can be contacted.  Often times, an Orange County injury lawyer can be of assistance in evaluating the potential merit and value of such claims.

SOURCE:  ESPN's Hannah Storm returns 3 weeks after accident, Yahoo Sports, by BEN WALKER (AP Sports Writer) | The Associated Press – Mon, Dec 31, 2012