Sacramento Injury Attorney Blog

In a recent decision, the California Supreme Court held that National Park and other recreational workers must ensure the safety of visitors, or be found liable for their actions.

The impact of this holding could have far-reaching implications throughout California - including in National Parks such as Yosemite and Muir Woods - and across the country.

In Klein v. US, a bicyclist was riding through the Angeles National Forest when he struck head-on by a car driven by a volunteer working for the United States Fish and Wildlife Service. He was seriously injured in the collision.

At issue was whether a landowner owes a responsibility to those on its land for recreational purposes. Here - the landowner is the United States government. After extensive review, and based on the plain language of the statute at issue (Civil Code Section 846) the Court determined that landowners may be held liable for the negligent conduct of their employees - including vehicular negligence. The Court rejected the United States' argument that the landowners were shielded from liability for negligent acts because they were on Federal Property. Rather, the Court was swayed by California's "strong interest in promoting the safe driving of motor vehicles and in preventing or minimizing personal injuries from motor vehicle accidents."

Continue reading "Landowners - And Their Employees - Responsible For Negligent Conduct In National Parks" »

The Sacramento Bee reports that in order to decrease the number of boating accidents in Lake County and throughout the Sacramento County area, the Lake County Sheriff's Marine Patrol will set up a boating under the influence (BUI) checkpoint this Saturday, July 24 on Clear Lake.

The Marine Patrol aims to reduce alcohol -related accidents and enforce boating laws on Clear Lake. At the checkpoint, boaters will be asked some brief questions. Boat operators will be detained longer for testing if they show signs of intoxication or impairment.

The U.S. Coast Guard reports that in 2008, alcohol use was the leading contributor to boating accidents, and the leading factor in 17% of fatalities.

Alcohol has been shown to seriously impair boater's vision, which in turn may lead to serious accidents. Recreational boaters are often less experienced on the water than drivers on the highway, and their lack of experience is exacerbated by alcohol use.

The USCG suggests bringing non-alcoholic beverages on board, keeping plenty of food and snacks and avoiding excessive fatigue.

Although alcohol is a leading contributor to boating accidents, other factors play a role including excessive speed, driver distractions and reckless conduct.

Continue reading "Sacramento County Sets Up Checkpoint To Eliminate Boating Accidents" »

According to KTVU.com, a Pleasanton rollercoaster recently malfunctioned at the Alameda County Fair, leaving 5 children and 2 adults injured. The same model of rollercoaster the "Wacky Worm" injured a worker at the Sonoma-Marin County fair the week before.

In the Pleasanton incident, a chain came loose from the rollercoaster, striking the people on the ride. The ride was re-opened the next day after passing safety inspections.

When people go to amusement parks - both children and adults alike - expect to have fun and maybe even be a little scared on the rides, but ultimately be safe. Occasionally rides malfunction and potentially serious personal injuries may result.

If the injuries are the result of negligence, you may be able to bring a claim for premises liability. A premises liability action exists where someone is lawfully on another's property and is injured due to an unreasonably dangerous condition.

Continue reading "Pleasanton Rollercoaster Accident Injures 5" »

According to the Contra Costa Times, a Vacaville man has died as the result of injuries sustained in a motorcycle accident over the weekend.

The specific reasons that caused the man to lose control of the motorcycle and leave the roadway are unknown. He suffered serious injuries as the result of the crash and died shortly thereafter.

Too often, motorcycle crashes end in serious injuries and death. Little protection separates the driver from the road. Whether the man in this tragic accident was wearing a helmet in this instance has not been reported. However, helmets remain one of the top safety precautions a motorcyclist can take to prevent serious head and brain trauma and other life threatening injuries.

Other motorcycle safety tips include:

• Avoid distracted driving
• Be aware of changing road conditions
• Pay attention to your body position on the motorcycle
• Maintain your motorcycle's condition

Continue reading "Vacaville Motorcycle Accident Ends Tragically" »

This past week, Marin County supervisors endorsed a tough new law, cracking down on drunk driving. "Melody's Law," named after a 9-year-old girl from Novato who was killed by a drunk driver who had 9 prior DUI convictions, requires the state to revoke a person's driver's license if convicted three times. If a driver's license is revoked, he or she cannot own or register a vehicle.

The most recent statistics from Mothers Against Drunk Driving (MADD) show that nearly 12,000 people died in drunk driving crashes in 2008 and these deaths constitute roughly a third of all traffic fatalities.

Those injured in drunk driving accidents often face a long road to recovery, including substantial medical bills, physical pain and time off from work.

For families of those killed in drunk driving accidents, they struggle with the emotional impact of losing a loved one in a preventable accident, along with the loss of companionship, mental anguish and even economic uncertainty caused by the drunk driver's negligence and recklessness.

Marin County supervisors unanimously endorsed AB 1443, sponsored by Assemblyman Jared Huffman, D-San-Rafael. The bill was created at the request of the family of the girl who was killed after being struck by a motorcycle that failed to stop at the stop sign. Despite the motorcyclist's 9 prior drunk driving conviction, nothing prevented him from keeping his driver's license.

Huffman stated "we are trying to keep these guys off the road...driving is a privilege, not a right."

Continue reading "Marin County Supervisors Endorse Tough DUI Law" »