Premises Liability

Prison Guard to Sue State for Slip and Fall Accident Injuries

- Paul Zuckerman

When an employee is injured on the employer’s property, a claim for compensation is usually filed as a worker’s compensation case against the employer. But a recent decision involving a prison guard in California allows for a certain exception, allowing the employee to pursue a claim through a civil case under a slip and fall liability lawsuit.

When the Employee Works and Lives in the Employer’s Premises

The plaintiff is an employee of the San Quentin prison where he also rented and resided in one of the housing units maintained for prison guards. While walking to work one morning, the prison guard fell when a step collapsed underneath his feet, causing injuries.

The guard filed a workers compensation claim and received benefits from it. He then filed a slip and fall case against the State, claiming that the stairs’ defective construction and poor maintenance caused his fall and injuries.

In the trial court where the case was first heard, the judge ruled that the guard’s injury was a proper case for worker’s compensation and could not recover further damages through a premises liability lawsuit.

Not satisfied with the trial court’s decision, the plaintiff appealed his case and obtained a favorable ruling from the California appellate court. This court held that because the prison guard worked and lived on property owned by his employer, he might pursue a personal injury claim through a premises liability lawsuit.

This rule applies only if the residency was purely voluntary. If the guard’s employment contract or the needs of his job required him to live on-site, then the outcome may have been different, and his exclusive remedy would be limited to a workers compensation claim.

If you have been injured in a slip and fall accident on another person’s property, you may be entitled to compensation for your injuries. Not all accidents can be pursued through a premises liability lawsuit. Your personal injury attorney must first be able to assess your situation and determine the appropriate case to file against the negligent parties.

Representing Los Angeles and San Diego Residents

Carpenter, Zuckerman & Rowley is one of the largest personal injury law firms in the Los Angeles and San Diego region. We have extensive experience in obtaining multi-million dollar outcomes for clients, helping them receive the maximum compensation for their injuries.

Our attorneys offer a free initial consultation to assess your situation. Call us today at (213) 514-8332 to speak to discuss your particular case.


Why Hiring a Slip and Fall Attorney Is the Right Choice

- Paul Zuckerman

When you have a slip and fall accident, you may be in severe physical pain and drowning in medical bills. Oftentimes, a slip and fall is due to the negligent or reckless acts of another individual or entity. As a result, you may be able to recover compensation from that individual or entity.

To obtain monetary damages in your slip and fall case, you must file a lawsuit against the responsible party. While you can do this on your own – often called “pro se” – it is much easier, and safer, to hire an experienced personal injury attorney that has handled many slip and fall cases throughout his or her career.

The Benefits of Hiring a Slip and Fall Attorney

The slip and fall attorney you hire, ideally, has handled many cases like yours before. Your attorney should be able to evaluate your case and see its strengths and weaknesses. After evaluating your case, he or she should be able to give you an idea of the monetary damages to which you are entitled, as well as whether there are any factors that will make your case more or less likely to win in front of a judge or jury.

Additionally, an experienced personal injury attorney will be able to engage in settlement negotiations that are tactful, yet aggressive.

He or she should have a record of securing fair compensation for past clients. Many personal injury attorneys will give examples of past monetary damages they have recovered for clients whose cases they have handled. If your attorney is skilled at settlement negotiations, you are more likely to recover monetary damages that are adequate for your particular case. Furthermore, you will save time and money by settling, as you will not have to go to trial.

If you do have to go to trial, your slip and fall attorney should be skilled at conducting trials. When you are thinking of hiring an attorney, ask what his or her record is in terms of obtaining favorable jury verdicts for his or her clients. Ideally, you want to hire a personal injury attorney who wins most of the cases he or she takes.

Get a Free Consultation

The personal injury attorneys at Carpenter, Zuckerman & Rowley have years of experience handling slip and fall cases. We handle each client’s case with compassion and care while aggressively litigating to uphold their rights under the law.

For an initial consultation on your personal injury claim, we welcome your call at (213) 514-8332.

Paul Zuckerman Speaks at Beverly Hills Bar Association

- Paul Zuckerman

BHBA logo

The Beverly Hills Bar Association has selected Los Angeles attorney Paul S. Zuckerman to present an educational seminar on Feb. 3rd, 2015.

Litigating Advanced Slip/Trip & Fall Cases” is an interactive course tailored to the advanced personal injury practitioner who wants to learn about recent developments and strategies to win premises liability cases.

Recognizing that slip/trip and fall cases can be lost before they are filed, this class begins with an overview of how to improve your case pre-litigation. Scene preservation – including the right to inspect public facilities, pre-litigation without notice – is discussed.

The course further addresses the trivial defect doctrine, the case law surrounding the doctrine, and ways in which a plaintiffs’ lawyers seek to avoid application of the doctrine. The presentation also includes discussion of the law surrounding public entity liability, especially sidewalk cases and dangerous conditions of public property.

The course next addresses the science of slip testing, the watershed USC study, and the attack the floor strategy that allows plaintiffs to prevail even when it appears that the defendant lacked any notice of the defect.

Click here to register for the seminar

About the Beverly Hills Bar Association: 

The Beverly Hills Bar Association (BHBA) was founded in 1931 to advocate for justice in the community and to assist its lawyer members reach and exceed the highest levels of legal skills and ethics.

Today, this revered institution has over 5,600 members practicing in all areas of the law and throughout the Los Angeles region, who share a commitment to professional excellence and service. It is the largest voluntary bar association in the State (that is not a county bar association), and the fifth largest metropolitan bar association in California.

For more than eight decades, BHBA lawyers have enjoyed the sense of solidarity with their distinguished peers that membership brings; the sense of accomplishment that professional advancement produces; and the sense of selflessness that public service engenders.

They participate in the work of the Association through its Sections, Committees, task forces, and the Barristers. And they find plenty of time for networking and socializing at our many parties and events.

Los Angeles Landlord Being Sued for Young Girl’s Traumatic Brain Injury from 16 Foot Fall

- Paul Zuckerman

Tchild 220x300 Los Angeles Landlord Being Sued for Young Girls Traumatic Brain Injury from 16 Foot Fallrial is now underway for a personal injury lawsuit over the traumatic brain injury (TBI) suffered by a young girl when she fell 16 feet into a ravine left unprotected by a designated “play area” in a mobile home park.Nicholas C. Rowley of the law firm Carpenter, Zuckerman & Rowley is representing the injured girl. The company, PAMA Management, and the landlord are being sued for $85 million in damages due to the injuries suffered by the victim, which have been reported to be permanently life-changing. The company owns over 2,000 properties housing over 10,000 tenants throughout the Los Angeles and San Bernardino area.TBI is one of the most serious forms of personal injury that one can suffer as they not only affect a person’s body, but his or her ability to think and act. Depending on the areas of the brain that have been injured, consequences of a TBI can include memory loss, coma, and death. Because it is possible that a TBI can have no outward symptoms, winning a California brain injury case can be difficult. It is very challenging to convince a jury of the serious nature of a brain injury, which is not visible, and collecting evidence and successfully arguing the case is a long and complex process that needs the help of a skilled attorney. Nicholas C. Rowley has proven himself worthy of this challenge by winning many brain injury cases, including a record-setting $31.6 million verdict for a TBI case as well as a $17 million and $13.86 million verdict both for mild brain trauma cases.xray brain 2159016 300x199 Los Angeles Landlord Being Sued for Young Girls Traumatic Brain Injury from 16 Foot FallA brain injury can change a person’s entire life in a moment, preventing the injury victim from accomplishing what he or she once wanted to do in life, as well as changing the lives of his or her family members.If you or a loved one has suffered this catastrophic injury due to another party’s negligence, the Los Angeles traumatic brain injury attorneys at Carpenter, Zuckerman & Rowley can help you receive the compensation you justly deserve. Contact our offices today for a free consultation on your case by calling 213-514-8332.

Indiana State Fair Stage Collapse Kills at Least Five People, Injures Several Others

- Paul Zuckerman

At least five people have been killed and dozens injured after a stage collapsed at the Indiana State Fair on August 13 after opening act Sara Bareilles and while fans waited for Sugarland to perform.

Indiana State Fair Stage Collapse Kills at Least Five People, Injures Several Others

Photo appears courtesy of ABCNews

The stage collapse was caused by a powerful gust of wind from a severe storm that hit the area. Moments before the stage fell onto fans in the VIP section closest to the stage, the announcer warned concert-goers about an approaching storm and provided instructions as to what to do in case of evacuation. According to The Huffington Post, approximately 40 people were injured, including at least one child. It was reported that most injured individuals suffered head and neck injuries, broken bones, lacerations, and bruises.

Emergency personnel and fair officials were reportedly watching the weather closely due to a powerful storm that was expected to strike the area close to 9:15 p.m. The storm ended up hitting the area around 8:45 p.m. After the stage fell onto audience members, hundreds of concert-goers rushed to help lift the stage rigging off of others.

This terrifying incident has raised many questions, some of which relate to whether concert-goers were given proper notice about the weather, whether fair officials made sure concert attendees knew about the warning and acted upon it, and whether the quality of the seemingly top-heavy stage was of poor design. Ultimately, was there something that the people in charge of the stage and the fair could have done to prevent this accident?

Accidents, especially those that cause injury and/or death, during a major event that occurs at a place of business or on another person’s property often involve complex premises liability and personal injury laws. At Carpenter, Zuckerman & Rowley, ourLos Angeles premises liability lawyers have years of experience holding negligent property owners and event managers legally responsible for oversight that caused serious injury or death. To find out how our personal injury attorneys in California can help protect your rights, call 213-514-8332 for a free consultation.