premises liability - Walton Law Firm

Hotel Safety and Liability in Encinitas

North County Injury Lawyers — Fri, 28 Apr 2023 15:44:46 GMT

As the end of the school year approaches and people plan vacations in Encinitas and throughout Southern California, it is important to understand the types of injury risks that exist for guests of all ages and the ways in which hotels, motels, and other resorts or vacation rentals can be liable in the event of an injury. From harm caused by negligent maintenance of the premises to harm from inadequate security, there is a range of hazards that exist at hotels and motels. In many cases, the business is liable for injuries that happen to guests, and an experienced Encinitas hotel injury attorney can speak with you about your options for filing a claim. In the meantime, we can give you more information that will be helpful as you think about spring and summer vacation plans.

Hotels Owe a Duty of Care to Guests and Restaurant Patrons

Hotels and motels owe a duty of care to their guests who are staying overnight on the premises and even to patrons who are visiting the hotel for only an hour or two for dinner in the hotel restaurant or for a spa treatment. When hotels fail to ensure that their property is reasonably safe and when they fail to take reasonable steps to avoid harm, they can be liable for injuries that occur.

Causes of Injuries and Harm at Hotels and Motels in Southern California

What are some of the most common causes of injuries at hotels and motels among guests and patrons? While a wide range of accidents and dangerous incidents can occur, the following are frequent reasons that people suffer injuries at hotels:

Liquid spills that result in slips and falls;
Damaged flooring that results in trips and falls;
Negligent swimming pool maintenance;
Negligent or inadequate safety measures that allow assaults to occur;
Defective elevators or escalators;
Defective equipment in the hotel gym; and
Restaurant food poisoning due to negligent food preparation.

While many hotel injury claims are based on the hotel or motel being negligent, some claims will also be strict liability cases where the injury resulted from a defective product, such as a defective elevator on the premises.

How to File a Southern California Motel Injury Claim

In order to file a claim, you should get in touch quickly with a personal injury attorney in Southern California who can assess your claim. You will need to determine the type of personal injury lawsuit you will be filing and the specific elements you will need to prove under California law in order to win your case. Most hotel injury lawsuits are based on a theory of negligence, but the specific elements of the claim can vary depending on whether the injury resulted from an assault, a slip and fall, or another type of accident. No matter what, you will likely have only two years from the date of the injury to file your claim according to the California personal injury statute of limitations.

Contact an Encinitas Personal Injury Attorney

If you have questions about filing a hotel injury claim or need assistance getting started, one of our Encinitas personal injury lawyers can help. Contact the Walton Law Firm to learn more.

Common Hotel and Motel Injuries in Rancho Bernardo

North County Injury Lawyers — Fri, 30 Sep 2022 15:12:20 GMT

When you are staying at a hotel or motel in Rancho Bernardo, you should not have to worry about getting hurt in an accident because of the hotel’s negligence or because the hotel or motel is using a defective product in guest rooms or common areas. Yet hotel and motel injuries occur with some frequency, and guests can suffer serious and even life-threatening harm. If you got hurt while staying at a hotel or motel in Southern California, you should get in touch with a Rancho Bernardo hotel injury attorney to find out more about filing a claim for financial compensation. In the meantime, the following are some of the most common types of injuries that guests sustain at hotels and motels.

Slips, Trips, and Falls

At a hotel or motel, slips, trips, and falls can occur in various places and under a variety of circumstances. Often, a hotel or motel may be liable if a slip, trip, or fall occurred because of a liquid spill on the premises, a damaged area of flooring that went unrepaired, the presence of tripping hazards in common walkways, or a lack of lighting in areas where slips and falls could occur.

Drowning Accidents

Hotels and motels with pools and jacuzzis can be liable for drowning accidents that occur on the premises if they do not take appropriate precautions or post warning signs about certain risks of injury. According to the U.S. Centers for Disease Control and Prevention (CDC), an average of 11 unintentional drowning deaths occur every day in the U.S., and many of those drownings affect children who sustain injuries while swimming and are not properly supervised.

Electric Shocks and Burns

When hotel or motel rooms have faulty equipment like hair dryers, defective coffeemakers, or damaged outlets, guests can suffer electric shock and burn injuries. When these types of injuries occur, the hotel or motel may be liable.

Criminal Assault Injuries

Assaults and other criminal acts can occur at hotels and motels. When the hotel or motel fails to ensure that the property is reasonably safe for guests — such as by ensuring that all door and window locks work and that lighting exists in dark areas — the hotel or motel may be responsible for injuries caused by a third party in an assault.

Exercise Equipment Injuries

Guests at hotels can suffer serious injuries as a result of accidents on exercise equipment or due to defective maintenance or product defects on exercise equipment at hotel gyms. If a hotel or motel does not have its exercise equipment properly maintained or does not seek replacements for defective exercise equipment or parts, people staying at the hotel and using the gym can sustain traumatic brain injuries, bruises, broken bones, burn injuries, and more. According to the National Safety Council (NSC), millions of people sustain injuries every year while using exercise equipment. In 2021 alone, more than 3 million people required treatment at emergency departments due to accidents while using recreational equipment. Depending upon the circumstances of the gym or equipment injury, the hotel or motel could be liable.

Contact a Rancho Bernardo Hotel and Motel Negligence Attorney

If you were injured at a hotel or motel and believe the business was liable, you could be eligible to file a claim. Get in touch with one of our experienced Rancho Bernardo hotel and motel negligence attorneys who can evaluate your case and discuss your options for seeking compensation. Contact the Walton Law Firm today to learn more about how we can assist you.

I Slipped and Fell in Poway: Now What?

North County Injury Lawyers — Fri, 29 Apr 2022 16:07:32 GMT

Nobody plans to slip and fall when they are out to dinner in Poway or walking on a sidewalk for leisure or exercise. Yet slips, trips, and falls can happen almost anywhere in Southern California. While pedestrians can sometimes bear responsibility themselves for injuries sustained in a slip and fall, many slips and falls happen because a person who owns or rents property has been negligent in maintaining that property. Negligence can take many different forms, from failing to clean up a liquid spill on the floor to failing to repair or warn people about torn carpeting that poses a tripping hazard. What should you do if you slipped and fell in Poway? Consider the following steps.

Photograph the Area Where the Slip and Fell Occurred

First, take photographs of the area where the slip and fall occurred. In particular, be sure to document the hazard on the premises that caused you to slip, trip, or fall. That hazard might be a liquid spill, rough flooring, torn or damaged carpeting, or an area where lights were not working properly.

Report the Slip and Fall Accident to the Owner or Manager of the Premises

You should tell the person in charge of the premises about your slip and fall, but it is important not to provide any personal assessment of the situation or to apologize. You will want to do everything you can to preserve your right to full compensation for your losses.

See a Doctor for a Medical Assessment

You need to see a doctor after you have slipped and fallen so that your injuries can be assessed, and so that you have a medical record that clearly links your current injuries to the fall you experienced on another party’s premises.

Speak With a Lawyer to Determine if You Have a Claim

Seek advice from a personal injury lawyer in Poway as soon as you can. A lawyer can assess your case and provide you with information about the best path for seeking financial compensation and holding the negligent property owner accountable.

File Your Lawsuit Before the Statute of Limitations Runs Out

Finally, you must file your slip and fall lawsuit before the California statute of limitations runs out. For most slip and fall cases, California law gives you two years from the date of your slip and fall accident to file a lawsuit. Yet it is critical to keep in mind that a slip and fall on public property could require you to file a claim within six months from the date of the accident, so it is best to seek advice from a lawyer as quickly as possible to ensure that you do not end up with a time-barred claim.

Contact a Poway Personal Injury Attorney

Slips and falls can occur almost anywhere in Poway, from the entryway to a neighbor’s home or a retail store to a public sidewalk or a workplace. Depending upon what led to your slip and fall accident and whether the owner or manager of the premises was negligent, you may be able to file a lawsuit in order to seek compensation. An experienced Poway slip and fall lawyer at our firm can tell you more about premises liability law in California and can speak with you about filing a claim. Contact the Walton Law Firm to learn more about the services we provide to injured plaintiffs and their families in Southern California.

What Should I Know About Escalator and Elevator Injuries in Escondido?

North County Injury Lawyers — Fri, 15 Apr 2022 12:46:34 GMT

While most of us do not think about the risks of getting hurt when we step into an elevator or onto an escalator in Escondido, it is important to know that escalators and elevators can actually cause serious and fatal injuries in many different circumstances. Elevator and escalator accidents can be caused by many different factors, and people can sustain various types of injuries. Depending upon the cause of the elevator or escalator accident, and whether or not the injured person was working at the time of the elevator or escalator accident, multiple parties may be liable for injuries and various routes to compensation may exist. What do you ultimately need to know about these types of accidents and injuries? The following are some of the top things to know about escalator and elevator injuries in Escondido.

Elevator and Escalator Accidents Have Many Different Causes

There are many different causes for elevator and escalator accidents and injuries, such as:

Escalator track damage or defect;
Loose escalator screws;
Broken escalator steps;
Escalator misalignment;
Defective elevator pulley system;
Defective or broken elevator doors;
Elevator is improperly leveled with the floor;
Electrical problems with elevators or escalators; and/or
Negligent maintenance of elevators or escalators.

Many Different Types of Parties Can be Liable for Elevator and Escalator Injuries

Liability for an elevator or escalator accident will depend upon the facts of the case and the cause of the injury. In general, the following parties could be liable for an elevator or escalator accident and injury:

Designer or manufacturer of a defective elevator or escalator part;
Property owner or manager of the premises where the elevator or escalator exists;
Mechanic responsible for performing maintenance on the elevator or escalator;
Construction company responsible for installing the elevator or escalator; or
Another passenger on an elevator or escalator.

You Will Need to File an Elevator or Escalator Injury Claim in a Timely Manner

California law requires most personal injury lawsuits to be filed within two years from the date of the injury, including most elevator and escalator accident injuries. However, if the injury occurred on government property, such as in a government building, you may need to file the claim much more quickly. A San Diego County personal injury lawyer can assess your case and discuss a timeline with you.

Escalator and Elevator Injuries are More Common Than You Might Expect

Ultimately, escalator and elevator accidents happen more often than you may think. Although you might not give a second thought to stepping onto an escalator or waiting for an elevator to reach your floor, both escalators and elevators can malfunction, and they can result in severe and deadly injuries. Indeed, according to the U.S. Centers for Disease Control and Prevention (CDC), elevators and escalators are responsible for approximately 30 deaths annually and approximately 17,000 nonfatal injuries every year. Between elevators and escalators, elevators are responsible for about 90% of all reported deaths and just over half of all reported nonfatal injuries.

Contact Our Escondido Personal Injury Attorneys

Were you injured in an escalator or elevator accident in Escondido or elsewhere in San Diego County? One of the experienced Escondido escalator and elevator accident lawyers at our firm can evaluate your case for you today and provide you with more information about filing a personal injury lawsuit. Contact the Walton Law Firm today for more information.

Hotel Negligence and Assaults in Vista: Five Things to Know

North County Injury Lawyers — Sat, 05 Mar 2022 03:23:07 GMT

Hotel and motel negligence in Vista can take many different forms in California, including negligent security measures that result in assaults or other acts of violence on hotel or motel premises. When a hotel or motel owner does not provide adequate security to customers on the premises, the hotel or motel ultimately may be liable for injuries resulting from a third party’s violent acts. To be clear, the injury victim may be eligible to hold a hotel or motel liable for violence perpetrated by a third party by filing a negligent security claim. The following are five things to know about hotel negligence and assaults in Vista.

Negligent Security Claims are Personal Injury Lawsuits

Negligent security claims filed against hotels and motels are types of personal injury lawsuits. As such, the statute of limitations for most other types of personal injury cases will apply.

Hotel or Motel Can be Liable for Failing to Take Adequate Security Measures

In a negligent security claim against a hotel or motel in Southern California, the injured person is holding the business accountable for harm caused by another person’s criminal conduct as a result of that business failing to take adequate security measures.

According to the California Civil Jury Instructions for these types of cases, an owner of a hotel or motel “must use reasonable care to protect patrons/guests from another person’s criminal conduct on his/her/their/its property if the owner can reasonably anticipate that conduct.” The instructions clarify that “a business owner or a landlord has a duty to take affirmative steps to protect against the criminal acts of a third party if the conduct can be reasonably anticipated.”

Many Different Types of Inadequate Security at California Hotels and Motels

There are many examples of inadequate security that result in assaults and other criminal actions by third parties, such as:

Failure to repair broken locks on doors or windows;
Failure to repair broken security system;
Inadequate or lacking security cameras;
Failure to have adequate lighting in the parking area; or
Inadequate security guards on the premises.

You Can Still File an Assault Civil Claim Against the Party Who Perpetrated the Assault

Filing a negligence claim against a hotel or motel for negligent security will not prevent you from filing an additional civil lawsuit against the person who perpetrated the assault or other criminal conduct.

You Must File Your Negligent Security Lawsuit Within Two Years

Most hotel negligence lawsuits based on a theory of negligent security must be filed within two years from the date of the assault on the hotel property. Under California law, the clock on the two-year statute of limitations begins ticking on the date you were injured, and if you fail to file your lawsuit before the clock runs out, your claim can become time-barred.

Contact a Hotel Negligence Attorney in Vista

If you were injured at a hotel or motel in San Diego County as a result of hotel or motel negligence, you may be eligible to file a negligent security claim. One of our experienced Vista hotel negligence attorneys can assist you. Contact the Walton Law Firm today to learn more about how we can help.

How to Avoid Poway Hotel and Motel Injuries During the Holiday Season

North County Injury Lawyers — Fri, 10 Dec 2021 13:49:42 GMT

During the holiday season in Poway, many families travel to Southern California for vacations while others travel to other parts of the country to visit family members or friends. When you are staying in a hotel or motel for the holidays, it is important to understand potential hazards and injury risks in these spaces and to take precautions. Our experienced Poway hotel injury attorneys have tips for you to avoid accidents and injuries at hotels and motels over the holidays.

Watch Kids Around the Pool Area

If you are staying at a hotel or motel with a pool, it may be tempting to say “yes” when your kids ask if they can go down to the pool on their own. Drowning accidents are much too common at hotels and motels across the country, and most hotels do not have lifeguards on duty who can provide any kind of supervision. Even if you have teenagers, it is important to take precautions and to supervise your children while they are swimming.

Beyond the risks of drowning, it is also important to avoid running on a wet pool patio or deck. These areas can be slick, and a serious slip and fall injury may occur.

Take Precautions on Staircases

Whether you are going up or down an interior or exterior staircase at a hotel or motel, you should always hold the handrail and avoid running. Slips and falls occur with some frequency on staircases, and injuries can occur more frequently when stairs are not properly lit, or carpet or flooring on the stairs is torn or damaged.

Avoid Elevator Injuries

Many hotels have elevators, and it is essential to keep in mind that elevators can pose injury risks for passengers. You should always watch your step when you step into the elevator, recognizing that there may be a gap between the floor of the hotel and the elevator car. Elevators can also pose injury risks when passengers get limps caught in closing doors. Accordingly, do not attempt to quickly get into an elevator as its doors are closing. Finally, elevators have weight limits, and it is critical to avoid overloading an elevator. If a particular elevator looks very crowded, you should wait for the next elevator car.

Check Window and Door Locks

Third-party assaults can occur at hotels and motels, especially when a hotel room has a broken window or door lock. Before you settle in for the night, you should check the windows and doors to ensure that everything is secure.

If any unreasonable hazards result in an injury, you may be able to file a negligence claim against the hotel or motel under California premises liability law.

Contact Our Poway Hotel Negligence Attorneys

If you or someone you love sustained a serious injury at a hotel or motel in Southern California, you may be eligible to file a claim for compensation. One of our experienced Poway hotel negligence lawyers can evaluate your case for you today and can discuss your options for filing a claim. Contact the Walton Law Firm for more information.

What Should I Do About a Slip and Fall in an Oceanside Supermarket?

North County Injury Lawyers — Thu, 23 Sep 2021 15:59:47 GMT

While grocery stores or supermarkets in Oceanside, California are a required weekly stop for most individuals and families, these are also retail establishments where serious accidents and injuries can occur. Although many injuries that happen at supermarkets result from slips and falls, grocery stores can also be places where struck-by injuries occur when products fall off a shelf unexpectedly, or where other types of premises liability accidents and motor vehicle collisions can occur. In many instances, the retail establishment is liable for injuries that occur on the property. Our experienced Oceanside personal injury lawyers want to tell you more about different types of slip, trip, and fall accidents that occur frequently in supermarkets in Southern California.

Liquid Spills and Oceanside Slips and Falls

Liquid spills are a common cause of slips and falls in grocery stores throughout Southern California. It is often easy for liquid spills to occur when a customer accidentally knocks a jar off a shelf, and a liquid ends up spilling in the grocery aisle. If these kinds of liquid spills—of sodas, cooking oils, sauces, dressings—are not quickly cleaned up, a shopper might not even realize the floor is slick and can slip and fall.

Slips, Trips, and Falls From Aisle Obstacles

Obstacles in supermarket aisles or other customer pathways can also lead to trip and fall accidents. For instance, boxes of products that are yet to be stocked may result in tripping hazards, as can products that other customers remove from shelves and do not return.

Falls in Outdoor Areas Due to Poor Lighting

Slips and falls can also occur in the entry and exit areas around a supermarket when lighting is poor, or when broken lights are not repaired, to illuminate potential slipping or tripping hazards. Whether a slip and fall resulted from a liquid spill, a tripping hazard in an indoor aisle, poor lighting, or another hazard, the injured party may be able to file a claim for financial compensation.

Filing Your Slip and Fall Claim on Time

If you were injured in a slip, trip, or fall accident at a grocery store or other type of retail establishment in Southern California, it is essential to pay attention to the statute of limitations. This is the time window in which an injured person is allowed to file a lawsuit under California law. The California statute of limitations for most personal injury lawsuits, including slips and falls, is two years. As such, most slip and fall claims will need to be filed within two years from the date of the slip and fall accident, but you should always discuss the specifics of your case with an Oceanside injury lawyer who can help.

Contact a Personal Injury Lawyer in Oceanside

If you or someone you love recently slipped and fell inside a supermarket or another retail store in Oceanside, you should get in touch with our Oceanside personal injury attorneys to find out more about filing a slip and fall claim. Contact the Walton Law Firm today for more information about filing a premises liability lawsuit in Southern California.

Three Things to Know About Hotel Injuries in Escondido

North County Injury Lawyers — Fri, 09 Jul 2021 18:13:39 GMT

Whether you have traveled to Escondido from a state far from California or you are a California resident and have simply planned a weekend trip to Southern California to spend time at the beach with your family, keep in mind that serious and deadly injuries can happen at hotels. While you might be prepared for the possibility of a car crash while you are traveling on the freeway, and although you may be taking precautions to prevent a drowning accident at the beach, you should know that hotels and motels can be dangerous places, too. When hotel or motel negligence results in a serious personal injury, you may be able to file a claim for financial compensation with assistance from an Escondido personal injury lawyer. In the meantime, the following are three things to know about hotel injuries in Escondido.

Hotel Negligence Can Result in Many Types of Injuries

There are many different types of injuries that can result from hotel or motel negligence. For example, you or your child might sustain a serious injury as a result of a drowning accident near an unattended hotel or motel pool. Or you or another guest might sustain a serious injury in a slip and fall accident resulting from damaged flooring or a broken outdoor light that the hotel maintenance staff failed to replace. Slips and falls at hotels and motels can also occur in breakfast areas, at bars, and around pool decks due to liquid spills. At the same time, hotels may also be responsible for third-party assaults that happen because of negligent security—such as a hotel’s failure to repair a damaged door lock or window in your room.

Comparative Fault Can Affect Your Ability to Recover Damages

Under California law, if you are also partially to blame for the accident that happened at an Escondido hotel, the hotel can raise the issue of comparative fault and your damages award can be reduced by your portion of fault.

You Will Likely Need to File Your Lawsuit Within Two Years From the Date of Injury

Every personal injury lawsuit, including hotel and motel negligence claims, have a specific statute of limitations. The statute of limitations is the amount of time you have to file a lawsuit. Once the clock on the statute of limitations runs out, you will most likely have a time-barred claim and will not be able to obtain financial compensation by filing a civil lawsuit. While there are some exceptions, under California law, most hotel and motel negligence lawsuits must be filed within two years from the date of the injury.

Contact Our Experienced Escondido Hotel Negligence Attorneys

Nobody books a hotel room with the expectation that a serious or deadly injury will occur in the hotel room or elsewhere on the property. However, from dangerous slip and fall or drowning accidents near hotel or motel pools to negligent security injuries in hotel rooms, person injuries happen more often than you might think. One of our experienced Escondido personal injury lawyers can speak with you today about your options for filing a claim for financial compensation. Contact the Walton Law Firm to learn more about the services we provide to injury victims and their families in Southern California.

Hotel Hot Tub Injuries in Vista, CA

North County Injury Lawyers — Fri, 28 May 2021 16:02:00 GMT

Hotel and motel hot tubs in Vista can pose a wide variety of risks to guests, from injuries caused by slips and falls around the hot tub to burn injury risks to drowning accident hazards for younger children or intoxicated guests. Yet it can be difficult to know whether an injury you sustained in or around a Vista hotel hot tub was the result of the hotel’s negligence, and thus whether you may be eligible to file a personal injury lawsuit. A recent hot tub accident lawsuit in California reported in Courtroom View Network emphasizes that these cases can be complicated, and it is essential to have an experienced Vista personal injury lawyer on your side.

Recent Hotel Hot Tub Accident Lawsuit in California

A parent recently filed a lawsuit against a Howard Johnson hotel in California, according to the Courtroom View Network, after her daughter suffered a serious traumatic brain injury (TBI) in a hotel hot tub accident. The case involved the child’s near-drowning, and the mother alleged that the hotel was negligent because its hot tub was “too easily accessible for children,” and because “the hotel didn’t take adequate safety precautions to protect children playing in the facility.” The hotel argued that the plaintiff’s failure to supervise her daughter was actually the cause of the TBI the child sustained in the hot tub. The jury agreed with the hotel, and the case ultimately ended in a settlement, but it makes clear that the hotel likely would have been responsible if the circumstances were slightly different.

How Do Hot Tub Accidents Happen at Hotels?

Hot tub accidents can happen at hotels in a wide variety of ways, including but not limited to:

Slips and falls;
Burn injuries;
Heat overexposure;
Near-drowning accidents; and
Drowning deaths.

According to the U.S. Consumer Product Safety Commission (CPSC), children are at particular risk of injury in hot tub accidents at hotels and motels, as well as in private residences. Although many hot tub accidents involving kids result in injuries to young children, older kids can also be affected. For example, the CPSC has recorded fatal hotel tub accidents in which teenagers have drowned in hot tubs at hotels and motels, particularly in cases involving underage drinking.

Hotel Negligence and Comparative Fault

Hotels or motels can be held accountable for hot tub accidents in cases where the hotel’s negligence caused the plaintiff’s injuries. The recent case highlights how a plaintiff’s own fault can affect a recovery in cases like this, yet it is critical to understand that a plaintiff who is partially at fault for a hot tub accident can still recover as long as the hotel or motel was also partially at fault for the injury or death. Under California’s pure comparative fault rule, a plaintiff can recover damages as long as the hotel or motel bears at least some responsibility, but the plaintiff’s damages award will be reduced by his or her own fault.

Contact Our Vista Hotel Negligence Lawyers

If you have questions about filing a lawsuit against a hotel or motel in Southern California, you should seek advice from our Vista hotel negligence attorneys to learn more about your options. Contact the Walton Law Firm today for more information.

Common Hotel and Motel Negligence Claims in Rancho Bernardo

North County Injury Lawyers — Sat, 13 Jun 2020 02:38:52 GMT

If you travel by yourself or with your family and book a room at a hotel or motel in San Diego County, what does that hotel owe you when it comes to your health and safety? Generally speaking, hotels and motels owe a duty of care to customers who are staying in the rooms. This duty of care means that the hotel needs to take whatever steps a reasonable person would take to ensure that customers are not exposed to unreasonable risks of injury or illness while staying on the property. Given that we are now living in the era of the coronavirus, it will be particularly important for hotels and motels to provide guests with appropriate safety and health precautions, and that they warn guests about potential hazards on the property.

There are many different kinds of ways in which hotels and motels can be liable for guest injuries. The following are some examples of common hotel and motel negligence claims.

Slips, Trips, and Falls on Hotel Property

Businesses have a duty to remove or remedy hazards that could lead to a slip, trip, or fall injury on the property. If they cannot remove or remedy a hazard before a customer or guest might encounter it, then the business has a duty to warn people about the risk. Slips, trips, and falls happen with some frequency at hotels in Southern California. These accidents can happen, for example, when a guest is eating in the hotel’s restaurant and slips and falls in an area where a drink spilled. Or, for instance, if a hotel hallway has torn carpeting and poor lighting, a guest might trip and fall while trying to access her room. In many slip, trip, and fall cases, a hotel will be liable for injuries if it knew or should have known about a safety hazard and failed to correct it or warn about it.

Negligent Security Claims

Although you may not realize it, a hotel or motel can actually be responsible for a guest’s injuries that result from a criminal act committed by a third party—like an assault or battery—if the crime occurred as a result of the hotel’s negligence security. What does negligent security mean in this context? There are a number of possible answers. For example, if a hotel knows that one of its parking areas is poorly lit and has been a site of car break-ins, it may have a duty to install bright security lighting or even, depending on the circumstances, to hire a security guard. Or, for instance, if a hotel fails to provide each room with a properly functioning door lock and a guest is assaulted by an intruder, the hotel may be liable.

Foodborne Illness Claims

Hotels can be liable for guest injuries resulting from foodborne illness from hotel restaurant fare or room service foods. In thinking about infection-control measures, it will be particularly important for hotels to begin thinking about what infection-control procedures are in place to prevent the spread of the coronavirus.

Contact a Rancho Bernardo Hotel Liability Lawyer

If you or someone in your family suffered harm because of hotel or motel negligence, you may be eligible to file a lawsuit. An experienced Rancho Bernardo hotel injury lawyer can assist you. Contact the Walton Law Firm to learn more about getting started on your claim.

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Slips and Falls Around Rancho Bernardo Pools

North County Injury Lawyers — Sat, 24 Aug 2019 02:36:13 GMT

The San Diego area is full of swimming pools, from the private Rancho Bernardo Swim & Tennis Club to public pools managed by San Diego Parks & Recreation. When you visit a hotel pool, a public pool, or a swimming pool at the home of a friend or family member in or around San Diego County, it is important to be aware of slip and fall risks. People who own or manage properties including swimming pools owe a duty of care to customers (for private club and public pools) and to friends and family members (for private residential pools) who are on the property.

Sometimes swimming pool slips and falls happen when nobody plans to swim but the area near the pool is slick from water, while slips and falls also happen to swimmers and sunbathers. We want to say more about preventing slip and fall injuries and provide clarification about liability in swimming pool slips and falls.

Keeping Areas Around Pools Safe

Whether it is a public pool or a private residential pool, it is important to ensure that the area is free from hazards that could cause a slip and fall accident. An article from Urban Pool Services discusses the following safety tips for preventing slips and falls around a pool:

Walkways adjacent to the pool should be covered with a non-slip surface and, if possible, should have added traction;
Pedestrian walkways around pools should be free from any obstacles that could lead to a trip and fall;
Any uneven walkways, or other potentially dangerous pathways, should have handrails for pedestrians to use;
Fencing and other protective barriers can prevent people from slipping and falling into a pool;
Warning signs around a pool deck can warn people about the risk of potentially slippery surfaces and the added dangers of running on slick surfaces;
Excessive areas of pool water in pedestrian pathways should be eradicated; and
Slick walkways farther distances from the pool caused by wet shoes and wet feet should be cleaned up and/or should be accompanied by warning signs.

Liability for a Pool Slip and Fall

In order for the property owner or manager to be liable for injuries in a slip and fall that happens near a pool, the injured party will need to prove the essential factual elements of a premises liability claim under California law. More specifically, the injured party will need to be able to prove:

Defendant owned, leased, occupied, or controlled the property including the swimming pool;
Defendant was negligent in his or her use or maintenance of the property;
Plaintiff was harmed; and
Defendant’s negligence was a substantial factor in causing the plaintiff’s harm.

You should keep in mind that, in order to prove that the property owner or manager was negligent, the injured party will need to show that the property owner failed to use reasonable care to keep the property in a reasonably safe condition. One of the factors that can be considered in determining whether a property owner is negligent is the location of the property, as well as the difficulty of protecting against the risk of harm. Given that swimming pools are known to produce slick surfaces, it may be more difficult to prove liability in a swimming pool slip and fall than in another type of premises liability claim. However, that does not mean that the property owner cannot be held accountable.

Contact a Rancho Bernardo Slip and Fall Lawyer

If you have questions about filing a slip and fall claim, a Rancho Bernardo slip and fall attorney can help. Contact the Walton Law Firm for more information.

City of San Diego Bicycle Accident Results in $4.8 Million Settlement

North County Injury Lawyers — Sat, 15 Apr 2017 01:49:24 GMT

Who is responsible for severe and fatal bicycle accidents that occur in San Diego? The answer to that question depends on the specific facts of the case, but a recent report from NBC 7 News San Diego emphasizes just how important it is to file a bicycle accident lawsuit in Southern California if another party’s negligence results in your injuries. As that report notes, the City Council for the City of San Diego came to a unanimous agreement to pay a $4.85 million settlement to a cyclist who sustained severe and debilitating injuries as a result of an accident caused by uneven pavement.

While many bicycle accidents involve negligent motorists who are not paying attention to their surroundings or motorists who are driving aggressively and strike cyclists, the recent settlement makes clear that matters of premises liability can also affect the rate of bicycle accidents in urban areas.

Details of the Bicycle Accident in San Diego

As the NBC 7 News report articulates, the $4.85 million settlement arises out of a debilitating bicycle accident that occurred on an afternoon in 2014. The plaintiff, Clifford Brown, had been cycling on College Avenue in Del Cerro. At around 1:00 p.m., Brown “hit a portion of uneven pavement.” That incident resulted in the cyclist being “launched more than 20 feet in the air.” In addition to having several of his teeth knocked out, Brown also sustained spinal cord injuries and head trauma.

Who was responsible for the bicycle accident? The injured plaintiff filed a lawsuit against the City of San Diego, alleging that it was responsible for his injuries as a result of the poorly maintained sidewalks. His complaint is not the only one concerning potential premises liability issues throughout the city. One frequent San Diego cyclist, who also owns a bicycle shop, noted that “the descent off of Mount Soledad has a lot of very unsafe rises in pavement, cracks, and potholes.” Other cyclists, too, have highlighted the dangerous riding areas around the city where “they still see dangerous cracks and uneven pavement.”

In response to Brown’s lawsuit, the City of San Diego agreed to a settlement of $4.85 million. A spokesperson for the City of San Diego underscored the severity of Brown’s injuries and emphasizes that “the settlement isn’t about making someone rich, but about making sure Brown is able to pay for his medical expenses for the rest of his life.”

Premises Liability Law and Bicycle Accidents

Who is responsible for a San Diego bicycle accident that happens on a sidewalk? Generally speaking, a premises liability claim, under California law, requires a plaintiff to show the following:

Defendant owned, leased, occupied, or controlled the property;
Defendant was negligent in its maintenance of the property;
Plaintiff suffered a harm; and
Defendant’s negligence was a substantial factor in causing the plaintiff’s harm.

While the City of San Diego may be responsible for poorly maintained roadways, is it always responsible for damaged or poorly maintained sidewalks? As a report from the League of California Cities clarifies, the answer often depends upon where the sidewalk is located. Municipalities in California can “impose a repair obligation for damaged sidewalks on adjacent property owners.”

Discussing Your Case with a San Diego Bicycle Accident Lawyer

If you got hurt in a bicycle accident on a San Diego street or sidewalk, it is important to learn more about filing a lawsuit by speaking with a San Diego bicycle accident attorney about your case. Contact the Walton Law Firm to learn more about how we can assist you.

(image courtesy of Eric Parks)

Swimming Pools as “Death Traps”?

North County Injury Lawyers — Fri, 19 Aug 2016 13:04:54 GMT

Whether you are swimming in a pool at your San Diego home or are visiting a neighbor’s house, do you need to be worried about your child’s safety as well as your own? According to a recent article in U.S. News & World Report, swimming pools can become death traps more frequently than most of us would like to believe, especially for young children. As that article explains, around 18 millions homes in the U.S. currently have swimming pools, but drowning is actually the leading cause of accidental death among children 1 to 4 years old. As the article emphasizes, a majority of those unintentional deaths occur in home swimming pools.

While kids under the age of four are at a higher risk of drowning than children in other age groups, it is important to remember that drowning can result in the death of anyone, at any age. For kids under the age of 15, drowning is the second-leading cause of accidental death. As such, it is important to take precautions to prevent your pool from becoming a death trap, as the article warns.

Supervision and Swimming Lessons for Your Kids

The first and most important aspect of pool safety is making sure that your children are supervised at all times when they are in the pool. You should not take your eyes off the pool—even for a minute or two—to read a magazine or to check your email on your smartphone. It takes a short time for a child to drown, and parents need to be aware that supervision is key to preventing drowning accidents in home pools.

Almost as important as adult supervision, you should ensure that your kids know how to swim. Sign your children up for swimming lessons early on and be sure that they know what to do when a water situation becomes dangerous. While your kids are taking swimming lessons, you should consider learning CPR. In the event that a child does have a near-drowning incident in or around your pool, you can have the tools to save a life.

Safeguard the Pool Area

Supervision and swimming skills are key to preventing drowning deaths. At the same time, however, it is essential for parents with home pools to take steps to keep the pool area safe for kids. The article recommends the following tips:

Completely fence in your pool, ideally using fence of at least six feet in height and three feet away from the pool so that it can be safely scaled without falling in. Not just any fencing will do, either. You should use fencing that does not have any “horizontal footholds of grips that allow kids to climb it.” Additionally, the fence should not have vertical slats that are more than four inches apart, or else a child may be able to slip through those slats.
Install a gate to your pool area that has “self-closing spring hinges and a self-locking latch that is well out of reach” of children, typically at least five feet from the ground.
Remove any furniture or other items that kids could use to scale your pool fence, including but not limited to: low-hanging tree branches, chairs, tables, and ladders.

If your child got hurt in a pool accident, you may be able to file a claim for compensation. An experienced San Diego drowning accident attorney can discuss your options with you. Contact the Walton Law Firm today for more information.

(image courtesy of Matias Romero)

Liability When Resort or Hotel Guests Get Hurt

North County Injury Lawyers — Fri, 12 Aug 2016 11:11:56 GMT

How often do serious and fatal injuries happen at large resorts? When a vacationer does get hurt, can he or she hold the hotel or the resort responsible? These types of claims fall under an area of personal injury law known as premises liability. In short, premises liability law holds that property owners—including resort and hotel owners—have a duty to keep a property free of hazards and to warn guests about serious dangers on the property. Why is this an important topic to discuss now?

Given that it is summertime, many families are planning vacations to resorts and hotels across the country. But more salient, perhaps, is the recent death of a toddler at the Walt Disney Resort, according to a report in The Washington Post. The child’s death may have happened in Florida, but it should alert parents in California and across the country to potential hidden dangers on family vacations and to the consequences of hotel negligence.

Child Killed by Alligator at Disney Property

As the article explains, a 2-year-old boy was wading near the edge of a man-made lake at Disney’s Grand Floridian Resort and Spa property when he was attacked and killed by an alligator. At the time of the animal attack near the hotel, Disney had not placed any signs warning guests about alligators. There was a sign that told guests not to go swimming in the lagoon, yet Disney has reacted to the child’s death by installing signs about alligators and snakes throughout the resort area.

As the Washington Post article clarifies, “the absence of signage warning of the threat of alligators at the beachfront” could result in Disney being held liable for the child’s fatal injuries. Although the threat of alligators in nearly any body of water in Florida is well-known to residents and often is emphasized to visitors, experts believe that Disney had a duty to warn its guests about the potential for an alligator attack near the man-made lake area. While “most Floridians know that alligators live in nearly every freshwater body in the state . . . it would be reasonable to argue that vacationers coming from somewhere like Nebraska wouldn’t share the same knowledge.”

Disney has responded by installing warning signs across the hotel property and throughout the resort area. According to Jacquee Wahler, a spokesperson for Disney, “we are installing signage and temporary barriers at our resort beach locations and are working on permanent, long-term solutions at our beaches.” Wahler underscores that Disney plans to “continue to evaluate processes and procedures for our entire property.” What do the new signs say?

DANGER! ALLIGATORS AND SNAKES IN AREA. STAY AWAY FROM THE WATER. DO NOT FEED THE WILDLIFE.

Determining Liability in an Animal Attack at a Hotel

Did Disney have a duty to warn its hotel guests about the possibility of an alligator attack in the event that those guests ventured near the man-made lake? As the California jury instructions for a premises liability claim make clear, a hotel owner may be liable if she or he was negligent in exercising a basic duty of care. What does the basic duty of care require? As the jury instructions explain, “a person who owns/leases/occupies/controls a property is negligent if he or she fails to use reasonable care to keep the property in a reasonably safe condition.” To keep a property in reasonably safe condition, the law requires that person to “use reasonable care to discover any unsafe conditions and to repair, replace, or give adequate warning of anything that could be reasonably expected to harm others.”

If the Disney attack had occurred in California, the toddler’s family might be able to make a convincing argument that, even if Disney did not specifically know about an alligator in the lagoon, it should have given hotel guests adequate warning about the possibility of an animal attack given the prevalence of alligators in Florida’s freshwater areas.

If you or someone you love recently sustained injuries at a hotel or at a resort, you may be able to file a premises liability lawsuit. An experienced hotel injury attorney can discuss your options with you. Contact the Walton Law Firm today for more information.