Nordstrand Black - April 2020

PROTECT YOUR As our case spotlights on the previous page illustrate, premises liability cases can be particularly difficult here in California. Because you or your representatives have to prove the property owner knew, should have known, or negligently created the hazard that hurt you, evidence is vital. While an expert personal injury firm may be able to uncover more evidence after the fact, you can take many actions to protect your claim.

... continued from Page 1

Of course, reading too many hard-hitting books about the world today can be a significant source of stress if you’re not careful. So, taking some advice from my yoga instructor, I decided to pick up “365 Tao Daily Meditations” by Deng Ming-Dao. This contemporary collection of Taoist meditations is the perfect read before bed. Having that reminder to seek harmony within myself and the surrounding world helps keep me centered in otherwise high-pressure situations. And, of course, Doug’s a big fan of John Grisham novels. As he points out, “the lawyer’s always the hero” in those stories. Whatever your taste in books, you can explore more titles than ever thanks to Kanopy and Hoopla. Your next great read can be delivered right to the palm of your hand — without fear of late fees. – Renée Nordstrand

TAKE PICTURES

Much like after a car accident, you want to capture the scene of your injury in as much detail as possible. After all, conditions can change or be made to look less hazardous. Having proof of the way things were at the moment of your accident can be a deciding factor in proving your right to compensation. If your injury prevents you from being able to do this important documentation yourself, ask a friend or bystander to give you a hand.

CASE SPOTLIGHTS

CHALLENGES OF PROPERTY LIABILITY

Last month, we took a look at some of the slip-and-fall cases our firm has handled in the past, but falls aren’t the only accidents that happen on someone else’s property. For example, when stairwells are uneven or lack legally required railings, people often get seriously injured. But, as this next case shows, even a walkway can be dangerous when a property owner doesn’t do their due diligence to keep it free of hazards. While on Catalina Island, a client walked past a shop where wheelbarrows were parked in front of the shop encroaching onto the sidewalk. One of these carts, used for hauling scuba gear, had a cotter pin sticking out of the wheel, which slashed our client’s leg open as he walked by, causing a deep wound, permanent scarring, and nerve damage. It was clear the wheelbarrow was to blame, but this case ended up being a real fight. According to California premises liability law, a plaintiff needs to prove the property owner knew about or negligently created the hazardous conditions that caused the accident. Essentially, it’s up to you and your

legal representatives to prove the property owner was at fault for your injury. This is what makes the wheelbarrow case difficult; we had to prove the wheelbarrow either belonged to the store or had been parked on the premises with the business’s knowledge. During the case, the store in question claimed the wheelbarrow wasn’t theirs, stating that they removed these dangerous cotter pins from their barrows. Thankfully, our client’s friend took pictures of the scene and of the particular wheelbarrow. We then used the “street view” feature on Google Maps to view the storefront and found that the wheelbarrow, which had a unique sticker on it, had been parked outside the shop a full year before the accident. We had an expert compare the street view image to the photos our client took at the scene, to determine it was the same wheelbarrow. Meeting the burden of proof on any property liability case can be a challenge. That’s why taking pictures at the scene of any accident can support your side of the story and greatly help your case.

2 • NORDSTRANDLAW.COM

Published by The Newsletter Pro • www.TheNewsletterPro.com

Made with FlippingBook - professional solution for displaying marketing and sales documents online