by brettb on August 20, 2010
As reported by the San Jose Mercury News, as concert goers watched The Swell Season a man jumped from the roof over the stage, did a flip or two in the air, and landed on the stage not far from the band’s singer causing his death.
The accident took place at the Mountain Winery Thursday night at about 10 p.m.
The personal injury victim was treated immediately by paramedics and emergency personnel but eventually he was pronounced dead at the scene.
The accident was devastating for witnesses, to say the least. And many attendees were left shaken and crying. The Santa Clara County officials have not released the injury victim’s identity or other aspects of the accident.
County officials did confirm the incident, however, with the San Jose paper but would not release any other details.
by brettb on December 9, 2009
Premises liability or lawsuits arising from slip and fall personal injuries, whether in the San Jose area or anywhere, are often misunderstood.
First, there is a perception in the media and with the general public that slip and fall or premises liability actions are somehow less serious than other personal injuries.
Well, according to the CDC, there are over 8,000,000 injuries and approximately 19,000 deaths every year due to falls. In fact, falls are the third leading cause of accidental death. And as we age the risks of serious injury or death due to a fall increases substantially.
There are many causes of slip and fall accidents – poor maintenance of surfaces, faulty construction, obstacles, inadequate lighting, a lack of warning signs regarding dangerous conditions, distracting advertisements, uneven surfaces, slippery surface conditions, and many others.
Second, what the law requires of a property owner is simply an ordinary standard of care. In other words, let’s say you are injured on someone’s property in the San Jose area – for instance, at a retail store. The company responsible for the store or property is only liable if they failed to use ordinary care and skill in the management and maintenance of that property. The question in such a case that must be answered is – did the party act as a reasonable person under the circumstances.
And finally, slip and fall accidents can cause catastrophic injuries. I have represented individuals that have suffered life altering injuries due to a simple fall at a grocery store or in a parking garage.
Further, premises liability actions do not only include slip and falls. These actions include workplace injuries, lack of security cases, trips, assaults, injuries at a hotel or motel and many other types of actions as well.
Simply stated, if you have been injured in a slip and fall accident or on the property of another get the medical care you need and then contact a personal injury attorney in order to review your rights and options.
Good luck.
