Beware of Common Hazards at Sports Stadiums

Baseball season is in full “swing” (pun intended), and over the course of the next several months, hundreds of thousands of individuals in the California area will flock to one or more sports arenas to cheer on the home team (whether that would be the Athletics, the Padres, the Giants, the Dodgers, or the Angels). While a baseball game can be a great way to spend a weekend or weeknight, the venues in which these events are held are full of dangers and hazards that can cause you, your spouse, and/or your children significant harm.

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Top Five Common Dangers at Sporting Arenas

Tragedy can befall you and/or your family at the ballpark if those in charge of maintaining the park in a reasonably safe condition fail to perform their duties. Common hazards that lead to significant injuries include:

  •      Wet floors / dirty floors: Hot dogs, condiments, and/or water are just a few of the substances that can make walkways and restrooms at the ballpark slippery for pedestrians. Falls due to slippery floors can be especially dangerous for older ballpark patrons as their injuries may be more severe and/or require significantly more time from which to heal.
  •      Flying objects: Foul balls and splintered bats can strike fans who are not paying attention. The force with which these and other items from the playing field enter the stands and strike spectators is significant: as a result, deep internal injuries, concussions, and/or other catastrophic injuries are possible under these circumstances.
  •      Other fans and spectators: In the not-too-distant past (In 2011, to be precise), a Giants fan was severely beaten in the parking lot of Dodger Stadium after a matchup between the two teams. It was alleged that the owners of Dodger Stadium did not have enough security present to prevent or disrupt a fight.
  •      Elevators and escalators: Elevators and escalators are useful and helpful in moving large numbers of people up and down the many floors of a sports arena. However, according to the Centers for Disease Control and Prevention, approximately 30 individuals are killed and another 17,000 injured every year in elevator and escalator accidents. An elevator or escalator accident is more likely to occur if the device has not been serviced or maintained properly.
  •      Food poisoning: A 2009 ABC News report cited findings from ESPN that at 30 stadiums across the nation over half of food vendors were in violation of food safety standards. In California, the report showed that 16 percent of vendors were found to be in violation at Dodger Stadium, 13 percent of vendors were in violation at Angel Stadium, 10 percent of vendors were in violation at Petco Park, and 4 percent of vendors were in violation at AT&T Park.

When to Call Your Orange Count Personal Injury Law Firm

If you or a loved one are injured while at the ballpark this season, speak with your California personal injury attorneys at Case Barnett Law before agreeing to a settlement with the park owners. You may be waiving important legal rights by signing a settlement. We can quickly and thoroughly review your case and inform you of all your legal options so you can make the best decision for yourself and your family moving forward. Call Case Barnett Law at (949) 861-2990, or contact us online today.

Common Injury Accidents that Lead to Traumatic Brain Injuries

Screen Shot 2016-11-30 at 10.20.51 AM.pngIn the personal injury world, few injuries that a person can suffer are as life-changing and debilitating as a traumatic brain injury (TBI). While victims who suffer a mild TBI may be fortunate enough to make a full recovery, moderate or severe TBI victims are often left with some impairment or loss of functioning that remains long after the victim leaves the hospital. It is not unheard of for some young individuals who suffer severe traumatic brain injuries to recover millions of dollars in compensation through a personal injury lawsuit because of the past and future medical expenses, lost wages and earning potential, and pain and suffering such an injury can cause.

Top Injury Accidents Resulting in Traumatic Brain Injuries

Thankfully, traumatic brain injuries that result in some temporary or permanent loss of functioning and/or disability are not extremely common. Nonetheless, some injury accidents have a greater likelihood of resulting in a traumatic brain injury than others. These accident types include:

  •      Slips and falls: A slippery floor or a defective staircase can catch a person by surprise, sending them tumbling to the ground. In a slip and fall case, the victim may not have the time and/or coordination to brace him- or herself or take measures to protect his or her head. In a slip and fall, the victim may strike his or her head with a considerable amount of force, thereby resulting in a traumatic brain injury.
  •      Car accidents: The forces involved in any motor vehicle accident are sufficient to cause the head of a person to quickly go in one direction and then the other (this is not abated by the victim’s use of a seatbelt). This rapid acceleration and deceleration is sometimes referred to as “whiplash,” and it can result in a traumatic brain injury as the brain is “jostled” inside the skull. The greater the forces present in the crash, the more severe the traumatic brain injury can be.
  •      Pedestrian / bicyclist / motorcyclist accident: A pedestrian, motorcyclist, or bicyclist who is struck by a car is at an elevated risk of suffering a traumatic brain injury – especially if the bicyclist or motorcyclist is not wearing a helmet. These accidents can literally send the victim flying, causing the victim to strike his or her head on the ground or another object.

Traumatic brain injuries can also result from falls from heights (even “small” heights like a stepladder) and sports injuries. In both of these cases, wearing appropriate safety equipment and exercising caution can reduce the chance of a traumatic brain injury.

Take Action After a Traumatic Brain Injury

Unless you are absolutely certain you did not suffer anything other than a “bump on the head,” seek out medical care if you suffer a head injury. This is especially important if you lose consciousness for any length of time and/or experience amnesia. Then, call the Costa Mesa brain injury law firm of Case Barnett Law to review your legal rights and options. If your TBI was brought about because of another person’s careless or reckless actions, you may be entitled to compensation. You can reach Case Barnett Law at (949) 861-2990, or you can contact the firm online.

Is Your Child at Risk of a Daycare Injury Accident?

 

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For many California parents, daycare is not a luxury – it is a necessity. When a parent lives away from friends and family members who are able to stay with the child with the parent is at work, a daycare facility is usually the parent’s last resort – somewhere where the child can be safe and supervised while the parent is away at work. When using a daycare facility, the parent may be lulled into a false sense of security: The regulations and laws with which a daycare facility in California must comply in order to continue operations can make a parent feel confident that their child will return to them from the daycare facility uninjured and in good health. This is not always the case, however.

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Common Daycare Injuries to Children

As much as parents may not wish to dwell on the thought, a daycare can be a dangerous place for a young child. Some children have been injured through deliberate acts inflicted upon them by daycare staff, but a child can suffer serious – even fatal – injuries simply because a daycare worker acted carelessly or had a momentary lapse of judgment. Just a few of the injuries that can befall a young child while at daycare include:

  •      Falls down steps or falls from heights which can lead to traumatic brain injuries, spinal cord injuries, or even death;
  •      Cuts and serious lacerations from sharp objects like scissors or knives that are left in areas accessible to children, or from sharp corners on tables and other furniture;
  •      Serious burns of various types. Chemical burns can result from being exposed to powerful cleaners and disinfectants (even the fumes can cause internal injuries). Electrical burns can come about if the child is permitted to play with an active electrical socket. Heat burns can occur when the child is permitted to touch a hot stove or radiator.
  •     Traumatic brain injuries, neck and back injuries, broken bones, and other injuries commonly associated with car accidents if the child is being transported in a daycare vehicle and the driver is involved in a crash.

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Parents of daycare-age children should carefully investigate a daycare facility before enrolling their children in the facility. Ensure that the facility is properly certified by the State of California. Tour the building and speak with the teachers, assistants, and staff. Does it appear that there are too many children and not enough adults? Are children supervised or do they appear to run wild? Are the facility, toys, and equipment in a good state of repair or are things falling apart? When it comes to your child’s safety, go with your gut – if you do not feel comfortable leaving your child at the facility for eight hours or more each day, it may be advisable to find another facility.

When to Call a Southern California Daycare Injury Attorney

If your child was injured while at a California daycare, you may be entitled to compensation for your expenses and losses. Contact Case Barnett Law Firm at (949) 861-2990 today, or contact us online to discuss your case.

Case Barnett Law Settles Trip and Fall Case for $ 4.3 Million Dollars

Dr. B vs. Homeowner’s Association

Case Barnett Law Corporation

 

Verdict: Defendant found Liable by jury

Settlement: 4.3 Million Dollars

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It’s not often that an attorney settles a trip and fall case for $4.3 million, but in 2016, Case Barnett Law did. Dr. RB lived in a posh Orange County neighborhood paying over $700 a month in monthly homeowner’s association dues. A water meter box was continually broken in front of his home. Dr. RB complained to his homeowner’s association about the broken water meter box on multiple occasions.

After a day at work, Dr. RB returned in the evening and parked his car in the driveway. He exited the car to get his mail. His second step went in to the broken water meter cover causing serious injuries including a traumatic brain injury and severed tendons in his hand.

The defendants repeatedly passed responsibility among each other and pointed the finger back at Dr. RB for not fixing it himself, and for knowing about it, but failing to avoid it. The liability issues were complicated because of the covenants, codes and restrictions (the CC&R’s), the governing documents for the homeowner’s association and the HOA’s attempts to shift responsibility to the homeowners. CC&R’s give HOA’s the ability to make their own laws and distribute responsibilities. A close inspection of these governing documents is essential to suing any homeowner’s association.

Four of the five defendants acknowledged their safety failings before trial. One defendant did not. A jury dropped the hammer on the remaining defendant. At the end of the trial, the combined defendants were forced to pay $4.3 million to the plaintiff. Be safe. Don’t endanger others. If you do, Case Barnett law will force you to face the consequences.

Can I Sue If I Was Hurt Or Injured Volunteering?

Scharf v. Calvary Chapel-Traumatic Brain Injury Settlement Won by Case Barnett Law Corporation

​Verdict: Church Found 49% Responsible

Settlement: 3.8 Million Dollars-

Churches must acknowledge the pastor/congregant dynamic and ensure that the desires of their followers to serve the church, doesn’t overcome safety precautions. CACI 401 discusses the basic standard of care in negligence cases. The last line instructs the jury, “You must decide how a reasonably careful person would have acted in defendant’s situation.” The key part of the instruction is in defendant’s situation.

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January 25, 2005, Dennis Scharf, a low voltage electrician had volunteered to run low voltage electrical for his church as part of a church remodel. On Sunday, Dennis arrived at church to be told by the head pastor that there was still work left to be completed, and the work must be completed that night. Mr. Scharf, feeling the pressure to please his church, his pastor and his God, spent the evening completing the job. Dennis ended up falling from a wall of approximately 12 feet, landing on his head suffering a serious traumatic brain injury. After clawing his way back from he edge of death, Dennis Scharf still suffered from serious cognitive and emotional deficits.

After more than eight years of litigation Case Barnett Law took the reigns of this case in 2013. We decided to change the theory of the case to better reflect the true shortcomings of the church and its lead pastor. We argued:

1) The reasonable person standard of CACI 401 means a reasonable pastor needs to acknowledge and account for his influence in the Church.

2) A reasonable pastor needs to ensure that his congregants are not unnecessarily exposing themselves to harm for the betterment of the Church.

3) A volunteer is an employee and should be protected by Cal-Osha standards.

4) A church assumes the responsibility for the safety of a worksite, when they choose not to hire licensed individuals.

The third issue would have meant that any Cal-Osha violations by the Church would have made them strictly liable for any injuries suffered by Dennis Scharf because of those violations. Ultimately, the court found that Dennis Scharf, as a volunteer was not a statutory employee and therefor not entitled to the protections of Cal-Osha. This issue is novel, as there are no cases directly on point. But, theoretically, if you have an individual, performing work that requires a license, and that individual does not have a license, then that individual becomes an employee pursuant to labor code section 2750.5. But, the court found that a volunteer, who is unpaid, does not get those protections (while someone paid, who is unlicensed, would get the protections).

Ultimately, the jury found that the general negligence of the church and pastor under theories 1, 2 and 4. The church had received a quote to get the work done for $35,000. The Church choose to With this decision, the Church assumed responsibility for the safe construction of the Church.

The defense in the case moved to bifurcate liability and damages. At first, we opposed the motion under the general theory that plaintiffs want the liability and damages issue to buttress each other. After further consideration, we withdrew our opposition to the motion, and decided that a jury would be more likely to put a greater liability on the church, if the amount the plaintiff was claiming in recover was not before the jury.

After 2 weeks of trial, a Riverside jury returned a liability verdict against the Church finding Dennis Scharf 51% responsible, and the Church and the Pastor 49% responsible.

The insurance company had rejected multiple offers to settle this case at or below the policy limits of $1million. Facing a potential substantial verdict, the insurance company came to the table willing to negotiate.

Rather than spend several more years in litigation regarding this case, and then trying to collect against the insurance company in a bad faith claim, plaintiffs agreed to settle all claims for $3.8 million. This settlement was nothing short of a miracle given that the case had been thrown out on appeal and the highest defense offer was $200,000.

If you have been injured in an accident contact Case Barnett Law for a free consultation.

Can I Sue For A Slip and Fall In A Public Place?

Dr. Beltran vs. Homeowner’s Association-Traumatic Brain Injury Settlement Won by Case Barnett Law

CorporationSettlement: 2.5 Million Dollars

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It’s not often that an attorney settles a trip and fall case for $2 million, but in 2015, Case Barnett Law did. Dr. RB lived in a posh Orange County neighborhood paying over $700 a month in monthly homeowner’s association dues. A water meter box was continually broken in front of his home. Dr. RB complained to his homeowner’s association about the broken water meter box on multiple occasions.

After a day at work, Dr. RB returned in the evening and parked his car in the driveway. He exited the car to get his mail. His second step went in to the broken water meter cover causing serious injuries including a traumatic brain injury and severed tendons in his hand.

The defendants repeatedly passed responsibility amongst each other and pointed the finger back at Dr. RB for not fixing it himself, and for knowing about it, but failing to avoid it. The liability issues were complicated because of the covenants, codes and restrictions (the CC&R’s), the governing documents for the homeowner’s association and the HOA’s attempts to shift responsibility to the homeowners. CC&R’s give HOA’s the ability to make their own laws and distribute responsibilities. A close inspection of these governing documents is essential to suing any homeowner’s association.

We were able to settle four of five defendants for $2 million before trial, leaving one defendant who refused to accept any responsibility. This defendant, insured by Liberty Mutual, insisted its client had zero fault. A jury of 12 Orange County Citizens disagreed and found the last defendant 32% responsible. The case currently waits for the damages phase to begin. Case Barnett Law will be seeking damages of more than $10 million. Insurance companies never learn.

If you have been injured in an accident contact Case Barnett Law for a free consultation.