Two patrons were badly crushed by a BMW just outside a strip bar and had to have their legs amputated after being taken to the hospital. According to ABC News, three men were involved in an altercation inside Sam's Hofbrau in Los Angeles before the fight spilled into the parking lot. Once in the lot, 40-year-old Terrence Meeks, got into his BMW and crashed it into the two victims, pinning them against a Mini-Cooper.

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.

KABC News is reporting that a 69-year old woman living in a nursing home in Yorba Linda was sexually attacked by a male suspect working in maintenance at the facility. The 28-year-old suspect, David Moreno, is alleged to have committed the attack some time between June 1st and July 24th of 2012. The victim was a resident of the Emeritus Senior Living home located on Imperial Highway

According to KTLA news, a city councilman in Orange County is calling for teachers to be armed in response to the Sandy Hook shooting in Connecticut.  The San Juan Capistrano City Councilman, Derek Reeve,  has reportedly said that "efforts must be taken to empower teachers, staff and parents to protect our children.”  The comments, which also included a recommendation for teacher training and to permit parents to carry guns on school campuses, were suggested as options to protect children in situations like the one in Connecticut.

Arming Teachers and Allowing Weapons on School Campuses Could Subject School Districts to Civil Liability

In general, criminal acts committed by third parties are not the responsibility of the property owners or operators where the incident occurs  However, where the property owner and the victim have a "special relationship" (as exists between a teacher and student) there may be a duty of protection, where the danger to the victim is reasonably foreseeable.  In light of tragedies like Sandy Hook, it might seem the obligation of school districts around the country would be to arm teachers and parents in order to better protect the children on campus.  But the analysis cannot end there.

The duty of protection requires "reasonable" efforts be made, not efforts that could clearly cause more harm than good.  One can easily imagine a school teacher, with only limited firearms training, making the wrong decision to fire on someone who appears to pose a threat, injuring or killing someone unnecessarily.  Do we really want to force school teachers to make life-or-death decisions that trained law enforcement officers would have a hard time making?  

Aside from the potential for a teacher to negligently discharge a weapon, liability would almost certainly be imposed on a school district if a teacher carelessly let their weapon fall into the hands of child who was then injured or killed.   So many scenarios could easily give rise to liability, and the public entity operating a school would have to suffer the civil liability.  In fact, guns in and around schools are perceived as such a threat in general that California enacted the Gun-Free School Zone Act of 1995, criminalizing the possession of a firearm in a school zone.  Do we seriously want more guns around school-aged children?

If all of these potential teacher-related problems were not enough, the councilman's suggestion also included allowing parents onto school campuses with a firearm.  In that scenario, we would then have some untrained, perhaps unstable, person wandering onto a school campus with a loaded gun.  That would carry with it its own set of potential liabilities and problems.  Even if the teachers and the parents were armed, in reality, what chance would any of these teachers or parents have against a homicidal maniac with an assault weapon?  Not much.  

From a purely legal perspective, the liabilities associated with arming teachers and parents on school grounds would far outweigh any probable benefit.  The likelihood of an accidental injury or death would be increased exponentially if we arm so many people on our school campuses.  There has to be better, less risky steps we can take to protect our children.

SOURCE:  O.C. Councilman Wants Teachers To Be Armed, KTLA News, December 20, 2012

 

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.

 

KTLA news is reporting that the woman suspected of perpetrating the pepper spray incident during a Walmart Black Friday sale may have acted out of necessity.  According to the story, a Los Angeles Police official is quoted as having said, "There was no control. People were getting stampeded and trampled. There were people screaming, yelling that they were being trampled or crushed. This woman may have fired her pepper spray in self-defense."  Initially, media reports and public sentiment seemed to suggest 32 year-old Elizabeth Macias had acted out of malice or a reckless desire to secure an X-Box console during a buying frenzy.  This may not have been the case.

See the KTLA news story HERE.

When a business owner creates or at least allows a potentially volatile situation to exist on their property, ultimately causing injury to someone, they may be held liable.  Under California law, in general a business owner has a duty to use reasonable care to protect patrons from another person's harmful conduct on the owner's property if the business can reasonably anticipate such conduct.  In the case above, it seems a reasonable inference that Walmart could foresee a Black Friday sale of X-Box consoles, if not well controlled, could get out of hand and lead to customer injuries.  Beyond this, assuming that store employees actually witnessed the shoppers were getting unruly and acting aggressively toward one another before the release of the pepper spray, then Walmart could be liable for failing to intervene in time to avoid the injuries that followed.

Compensation for the victims of criminal assaults, occurring on business property, should be an important concern for all Californians. When a business patron is injured because protective measures were not taken by a business owner, the owner 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.

 

Early Saturday morning a 27 year-old man was beaten and stabbed outside a Hollywood nightclub, leaving the victim in critical condition.  According to a KTLA news report, the fight occurred at about 1:30 a.m. outside the Playhouse Hollywood nightclub on Hollywood Boulevard near Wilcox Avenue.  A graphic YouTube video has surfaced showing the melee in the middle of the street. 

The victim was knocked to the he ground and beaten until he was unconscious.  Citing police sources, KTLA has reported the man was also stabbed during the incident.  A 19 year-old suspect has been arrested and reportedly charged with attempted murder.

See the KTLA story and video HERE.

Under California law, a business owner (such as those who own Playhouse Hollywood) has a duty to ensure that their patrons are provided a reasonably safe environment when coming onto the property.  In general, one in control of property has a duty to use reasonable care to protect guests from another person's harmful conduct on their property if the owner can reasonably anticipate such conduct.  When large crowds form in or outside a business, and those in the crowd are known to have been drinking, a business owner is generally required to provide at least some sort of protection for their patrons.  Perhaps more importantly, when a business owner is aware fights are braking out on or just outside their property (involving their patrons) they are generally responsible for taking reasonable, prompt steps to intervene.   A failure to fulfill such a duty is negligence and may result in liability being found against the business for any resulting harm.

Compensation for the victims of criminal assaults, occurring inside or just outside a business, should be an important concern for all Californians. When a business patron is beaten because protective measures were not taken by a business owner, the business should be held accountable and compensation paid to the victim or the victim's family.  An Orange County premises liability attorney 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 occurring on or near a business establishment?

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.

 

Finally, the Orange County Coroner's Office has completed its report on the death of Kelly Thomas, the mentally ill homeless man who died after a violent confrontation with officers from the Fullerton Police Department.  According to a KTLA news story, the findings of the Coroner have been turned over to the Orange County District Attorney's Office for consideration.  Reportedly, a news conference is scheduled for tomorrow during which District Attorney Tony Rackauckas is expected to discuss what, if any, charges will be filed against the officers involved in the controversial arrest.  

See the full KTLA news story HERE.

Medical records previously released show Thomas was originally taken from the scene of the incident to St. Jude Hospital in Fullerton.  However, because his heart stopped, and he required a higher level of care for that and other reasons, he was emergently transported to UCI Medical Center.  By the time he arrived there, Thomas' pulse rate was very high, and his blood pressure dangerously low.  He was exhibiting seizure activity, and one pupil was unreactive.  For all intents and purposes, he was severely brain injured and the likelihood of any meaningful recovery was grim.  The assessment of the emergency room physician was that Thomas had suffered blunt trauma, facial fractures, prolonged oxygen deprivation, facial lacerations, and shock, among other things.  Also of note was the presence of a taser dart in the left chest area, suggesting a taser had been deployed by one of the Fullerton officers in violation of industry recommended guidelines.  From the records released to date, it seems likely the Coroner's Office will conclude the cause of Thomas's death was homicide.

The extent of the beating Thomas received at the hands of the Fullerton Police is almost impossible to understand.  With reports that at least six officers were present during the arrest, one has to wonder why so much trauma to the face and head would be necessary to control this rather diminutive man.  The purpose of an arrest is to secure a subject's presence in court before a judge, not to punish.  Police officers are generally taught to use the least amount of force reasonably necessary to control a subject and take him into custody.  In the Thomas case, he was reportedly being taken into custody for auto burglary, a property, nonviolent crime.  The amount of force used on Thomas, as evidenced by the injuries documented in his medical records, would seem well beyond justification.  Ideally, the Thomas family will see justice in both the civil and criminal courts.

Compensation for the victims of police misconduct should be an important concern for all Californians. When someone is beaten excessively by the police, the police department should be held accountable and compensation paid to the victim or the victim's family. An Orange County police misconduct attorney 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 unlawful arrest or excessive use force at the hands of the police?

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.

 

In general, a business owner who holds their property open to the public for entry is subject to liability to members of the public while they are upon the property.  Such a business proprietor may be responsible for physical harm caused by the accidental, negligent, or intentionally harmful acts of third persons.  What the law in California requires is that the business owner exercise reasonable care to discover that such acts are being done or are likely to be done and then take measures to prevent injury or give patrons a warning adequate to enable the visitors to avoid the harm, or otherwise to protect themselves against it.   Absent doing these things, a business can be held liable in civil court.

In the context of a criminal assault taking place on business property, the victim often has no meaningful recourse against the actual perpetrator since that person will likely have little to no assets with which to satisfy a civil judgment for damages.  If a business has "set the stage" for an assault to take place or does nothing meaningful to prevent it, the law allows recovery against the business owner.  Perhaps the most common example is where a bar or restaurant allows an unruly and potentially violent customer to remain on their premises, even after a fight has begun or is inevitable.  In those circumstances, the restaurant or bar owner may be liable for the injuries sustained by an innocent victim.  One major obstacle presented by these cases is the need to prove the criminal activity would not have occurred or successful intervention could have been accomplished.  An experienced trial attorney is often able to establish this by garnering important witness testimony and perhaps securing the assistance of a security expert.

Have you or a loved one been seriously injured during an assault taking place on business property?

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 proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  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 20 years of experience handling personal injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

 

An arrest has been made after one man was killed in a dispute outside the Albatros Mexican restaurant in Lake Forest on June 11th.  The victim,  26-year-old Elvis Kechechian of Mission Viejo, was fatally stabbed outside the restaurant after an altercation began inside.  A second victim was taken to the hospital in critical condition.  KTLA news reported the suspect, Justin Tombleson, has been taken into custody and charged with the murder.  Tombleson appears to have a history of violent crime, going back to 2003, at least according to a search of the Orange County Superior Court website.

See the KTLA story HERE.

Aside from Tombleson’s potential liability for the stabbings, the Albatros restaurant may also have exposure to a civil lawsuit for wrongful death, and for the injuries sustained by the critically injured victim.  Depending on what went on inside the restaurant before the violent altercation outside, the owner of the Albatros could be liable for having been negligent in failing to protect to the two victims.  This liability, if any, will depend on the nature of the altercation inside, the length of time over which it took place and the steps taken, if any, by employees of the Albatros to prevent the death and serious injuries that eventually did occur.

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 proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  Mr. Ralph 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 business establishment?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.

At about 2:00 a.m. yesterday, a dispute broke out inside the Albatros Mexican Restaurant located on Rockfield in Lake Forest, resulting in the fatal stabbing of a patron.  According to a report by KTLA news, Elvis Kechechian, 26, of Mission Viejo tragically died from his wounds inflicted after the argument got physical outside the restaurant. Another victim was rushed to a local hospital in critical condition.   Kechechian had been coaching ice hockey at Santa Margarita Catholic High School since 2010, according to school officials.  He was described and will be remembered as “compassionate, dedicated, sweet and soft-spoken, Elvis was proud to be part of Santa Margarita’s ice hockey program and enjoyed celebrating the successes of the players and team,” the school’s statement said.

See the KTLA story HERE.

It is currently unknown what exactly transpired inside the Albatros restaurant, but apparently the argument must have been intense as it ultimately resulted an extremely violent altercation just outside.  The attacker, or attackers, would obviously be liable both civilly and criminally for the death and critical injuries inflicted, and at least potentially the restaurant owner/operator could be exposed to civil liability for the damages resulting from this violent altercation.  Under California law, a business proprietor owes a duty to their patrons to 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.  If the place or character of the business, or the proprietor’s past experience, is such that they should reasonably anticipate criminal conduct on the part of third persons, either generally or at some particular time, the business operator may be under a duty to take precautions against it, and to provide a reasonably sufficient number of  employees to afford reasonable protection.  In other words, if a business operator is aware a criminal assault is likely to occur or is occurring on their property they must take reasonable steps to prevent harm to their patrons.  This duty may obligate the business to provide security officers or, at a minimum, notify the police when necessary.  A failure to fulfill this duty is negligence for which the business owner may be held liable.

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 proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and wrongful death cases, including just this type.  Mr. Ralph 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 business establishment?

• 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.

KTLA news has reported the family of Bryan Stow has filed a lawsuit against the Dodgers organization earlier this week.  The lawsuit alleges that security cutbacks and antiquated facilities at Dodger Stadium contributed to the severity of the injuries Bryan Stow sustained in the attack.  The complaint filed with the court sets forth claims for negligence, premises liability, negligent hiring and intentional infliction of emotional distress.  Since the attack on Stow on March 31st, security has been tightened at Dodger Stadium, and LAPD stepped up its presence at the game, with officers on foot, horseback, bikes and Segways.

See the KTLA news story HERE.

In the civil case filed o n behalf of Bryan Stow, it must be shown by the plaintiff that the Dodgers organization was negligent, not just that the incident took place on Dodger Stadium property.  Evidence relevant to the negligence claim would likely include the history of violent criminal acts on the property, the training and qualifications of the security staff and the security policies and procedures implemented by the Dodgers.  In general, business proprietors (such as the Dodgers) owe a duty to their patrons to maintain their premises in a reasonably safe condition, and this duty includes an obligation to undertake 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.  Additionally, even if you assume the amount of security provided to be adequate in a particular situation, then the question becomes whether the security employees acted reasonably under the circumstances.  In the Stow case, the discovery conducted by the parties (the process through which the parties to a lawsuit formally exchange information and evidence) will enable both sides to determine whether the claims are meritorious and if the case should be resolved without the need for a jury trial.

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 proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and premises liability cases, including just this type.  Mr. Ralph 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 business establishment?

• 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.

The Los Angeles Times reported this morning that one of the suspects in the brutal beating of Giants fan Bryan Stow was taken into custody early this morning.  Citing official sources, the Times reported that at about 7 a.m. the Los Angeles Police Department SWAT team descended on an East Hollywood apartment building with a warrant in hand.  According to apartment building manager Maritza Camacho, police, using loudspeakers and with guns drawn, called out to the occupants of Apartment 25.  Arrested inside the apartment was one of the men police suspect in the March 31 beating at Dodger Stadium that left Stow with brain damage.  He remains to this day in critical condition.

See the Los Angeles Times story HERE.

Following the attack on Stow, Dodger Stadium reportedly beefed up security at the stadium to deal with fights that had been breaking out at games in recent years.  In general, a possessor of land who holds it open to the public for business purposes is subject to liability to members of the public for physical harm caused by the accidental, negligent, or intentionally harmful acts of third persons and by the failure of the possessor to exercise reasonable care to  discover that such acts are being done or are likely to be done, or give a warning adequate to enable the visitors to avoid the harm, or otherwise to protect them against it.  Here, Dodger Stadium would be liable if they acted unreasonably in failing to prevent the attack on Stow.  Should such a claim be brought by or on behalf of Stow, a civil jury could be called upon to apportion responsibility between the assailants and Dodger Stadium.  The question might be posed this way:  But for the neglect of Dodger Stadium, would the attack on Stow have occurred?

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 proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and premises liability cases, including just this type.  Mr. Ralph 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 business establishment?

• 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.

According to a story by KTLA news, family members of Bryan Stow are struggling to remain optimistic.  According to the story, Stow, the Giants fan who was brutally beaten while leaving a baseball game at Dodger Stadium, may never fully recover.   While a hospital spokesperson says Stow is being slowly weaned of the anti-seizures medication that he has been receiving since his violent brain injury, family members told KTLA that their son, husband, and father of two, may be gone forever.

See the KTLA story and photograph HERE.

The tragic story of Stow's attack and beating has made national headlines since the incident at Dodger Stadium on March 31st.  One issue that has arisen in the wake of this tragedy is whether Dodger Stadium security took reasonable steps to protect fans like Stow on the date of the incident.  It has been reported the patrons suspected of attacking and brutally beating Stow had caused earlier problems at the Stadium.  The question then becomes whether security had sufficient, if any, information that should have led them to take protective measures, for the benefit of the law-abiding fans present.  Under California law, the general duty of a property owner (like Dodger Stadium) includes the duty to take affirmative action to control the wrongful acts of third persons which threaten invitees where the occupant has reasonable cause to anticipate such acts and the probability of injury resulting therefrom.  Whether Dodger security had any such duty will likely be decided when and if a civil action is brought by or on behalf of Bryan Stow and/or his family.

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 proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  A personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury and premises liability cases, including just this type.  Mr. Ralph 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 business establishment?

• 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.

 

The Associated Press and Fox News are reporting  the San Francisco Giants fan who was beaten at Dodger Stadium after last week's opening game shows signs of brain damage and remains in critical condition.  While the victim, Bryan Stow, remains hospitalized police detectives are looking into unconfirmed reports that the same suspects struck other Giants fans minutes before the attack that left Stow in a coma.  Stow, a 42-year-old paramedic and father of two from Santa Cruz, remains in critical but guarded condition at Los Angeles County-USC Medical Center.  As a result of the attack, he suffered a severe skull fracture and bad bruising to his brain's frontal lobes, said Dr. Gabriel Zada, a neurosurgeon.  According to Zada, "there is evidence of brain injury and dysfunction."

See the Fox News story HERE.

Among the issues coming to light in this case is whether the Dodgers' security staff took reasonable steps to prevent this assault from occurring on their premises.   There are now unconfirmed reports that these same assailants attacked other Giants fans prior to the vicious attack on Stow.   Assuming this to be true, then the question becomes whether, under California law, the Dodgers' duty to take reasonable steps to secure common areas against foreseeable criminal acts of third parties was fulfilled.  Under California premises liability law, a business proprietor has a duty to take affirmative action to control the wrongful acts of third persons which threaten invitees where the proprietor has reasonable cause to anticipate such acts and the probability of resulting injury.  Here, if the Dodgers' security staff failed to intervene and protect Stow from the assault that should have been foreseen, the Dodgers would be liable.

Compensation for the victims of violent crimes that occur on a business owner's property is an important concern for all Californians.  When a business proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including just this type.  Mr. Ralph 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.

Just last night, another bar fight resulted in serious injuries to an apparently innocent victim.  Outside of the Lucky John's bar in Fullerton, following an altercation inside the bar, a patron was stabbed and had to be taken to a nearby hospital for emergency treatment of his wounds.  A 31 year-old male was arrested on felony charges for assault with a deadly weapon.  The knife apparently used in the crime was recovered from the parking lot.  The Fullerton Police Department (714-738-6800) is still looking for the second suspect, described as a male about 5'9", with a shaved head.

The law as it relates to an assault occurring on a business owner's property is complex, but it does provide for victim compensation when the business owner could have done something to prevent the injuries from occurring.  California law generally requires a business operator to use reasonable care to protect their guests from another person's harmful conduct on their property if the owner can reasonably anticipate such conduct.  The critical issue in these cases is generally whether the business proprietor knew or reasonably should have known of the dangerous propensity of the attacker before the incident occurred.  Also, putting aside the individual assailant, sometimes liability will be found where the nature or location of the business is inherently dangerous and little to no security was provided.  The next step in the legal analysis is to identify the criminal conduct that could have been prevented had the business taken the proper measures and what injuries would have been avoided.

Compensation for the victims of violent crimes is an important concern for all Californians.  When a business invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a violent crime occurring within a 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.