Slip and Trip and Falls / Premises Liability: Representative Cases

Premises Liability – Restaurant Negligence, “Bystander” Emotional Distress: $285,000 Settlement

A waiter at a Chinese restaurant placed a teapot filled with hot water on a table in front of two-year-old Brian L. who, seconds later, sucked scalding water from the spout of the teapot which was left facing him, causing him to suffer burns to his esophagus. Suit was brought against the restaurant for negligence in leaving the teapot in a dangerously close proximity to the child. Brian’s parents, who had witnessed him suffer the burns, sued for “bystander” emotional distress under the seminal California Supreme Court case of Dillon v. Legg. Partner B. Mark Fong settled Brian’s case for personal injuries for $250,000 and his parents’ emotional distress claims for $35,000.

Premises Liability – Hip Fracture:  $400,000 Recovery

An 81 year-old business owner was leaving his office in San Francisco when he tripped and fell over sections of sidewalk that had been pushed up due to overgrown tree roots.  The fall caused the man to fracture his hip, necessitating surgery and the use of a walker for the rest of his life.  He leased his office from the defendant property owner.  A San Francisco City code requires that property owners maintain the safety of their sidewalks adjacent to their property.  The defendant knew of this dangerous condition, yet failed to remedy it even after previous falls by other people.  The case was settled prior to going to court. Seth Rosenberg represented the plaintiff and obtained a $400,000 settlement for the client.

Premises Liability – Failure to Provide Security:  $315,000 Plaintiff Verdict

Assault at a hotel:  Mark’s client was mugged in front of the front doors of the hotel she was checking into in Oakland California. The hotel’s security did not come to her aid while she was being assaulted nor did the hotel employees at the front desk assist her despite her cries for help. Plaintiff suffered Post Traumatic Stress Disorder as a result of the assault and sued the Defendant hotel and security company for providing inadequate security.  At trial, the jury awarded her $315,006 in damages.  Mark Fong represented the Plaintiff through trial and through defendants’ subsequent unsuccessful appeal of the judgment against them.

Dangerous Premises- Door Crushes Boy’s Finger – $300,000 Recovery

Injury to Child:  Mark’s client was a three year old boy who accompanied his father to Defendant’s recreational equipment store in Berkeley California to purchase ski lift tickets.  The store was undergoing construction while remaining open for business.  The boy touched a heavy door which Defendant had left leaning against the wall.  It fell, crushing his right index finger.  He required several surgeries to repair his finger, which will have a permanent deformity.  The case settled for $300,000. Mark Fong represented the Plaintiff.

Strict Liability – Dog Bites Young Woman’s Lip – $300,000

Dale Minami represented a 32-year old woman who was visiting an acquaintance in San Ramon, when she was viciously attacked by the homeowner’s pit bull/Welsh Corgi mix.  While she was petting the dog, it suddenly jumped up and bit her face and upper lip, causing serious injuries to about 1/3 of her lip. We arranged for a renowned plastic surgeon to repair her lip as it was so severely mangled that she needed four stages of reconstructive plastic surgery: The first surgery to repair her upper lip, consisted removing the damaged tissue from her face and lip; the subsequent three stages of surgery included the a procedure to rejuvenate the skin on the lip, then reconstruct the delicate features of her mouth.  Our client also suffered emotional distress including nightmares and flashbacks rising from the attack and was despondent over facial disfigurement. The case settled for $300,000, the homeowner’s policy limits.

Premises Liability – Four-Year-Old Boy Receives Severe Burns at Restaurant: $178,000 Recovery

The Danger at Restaurants:  A four-year old boy and his family were eating at a Chinese food restaurant, when the boy reached for a piece of food located on a “lazy susan,” causing a pot of boiling hot tea to be knocked over, spilling boiling water on the child.  He suffered second degree burns on 20% of his body, permanent scarring and permanent psychological damage as a result of the burns.  The case settled for $168,000 for the young boy and $10,000 for his mother.  Dale Minami represented the child and his mother.

Hot Water Burn at Restaurant: $145,000 Plaintiff Verdict

Mark Fong’s client was a three and a half year old boy who had hot water spilled on his neck by a busboy in a Chinese restaurant in San Francisco Chinatown. The restaurant was over-capacity and there were only two busboys working at the time, which caused them to rush as they filled customers’ teapots. The client suffered deep second degree burns, permanent scarring and depigmentation of the skin on the back of his neck, as well as Post Traumatic Stress Disorder. The case was tried before a jury and Mark obtained a $145,000 judgment in favor of the boy.

Premises Liability – Trip and Fall from Sidewalk:  $125,000 Recovery

The 59 year old manager of a medical research center tripped and fell over a dangerous sidewalk in San Francisco.  She caught her foot on a section of sidewalk that was pushed up by the roots of a tree.  As a result of her fall, she suffered a fractured arm.  In 1986, the City passed an ordinance permitting property owners to plant trees along the sidewalk; however, it made those owners responsible for injuries caused by the trees.  The claim was brought against the owner of the property adjacent to the dangerous sidewalk and was settled out of court. Seth Rosenberg and Mark Fong represented the plaintiff.

Premises Liability – Fall From Deck:  $234,000 Recovery

Collapsing Decks:  Our client visited a home with a real estate agent to prospectively lease the home.  When the two stepped onto the deck in the back yard, it gave way, causing both persons to fall over 12 feet to the ground.  Our client suffered a torn meniscus and severe injuries to his cervical discs. He also suffered a significant loss of earnings as a medical equipment salesman and was forced to change careers.  We brought a lawsuit against the owners of the home and the construction company who built the deck.  The homeowners settled out of court for $34,000 and the construction company settled for $200,000.

Premises Liability – Incident at Major League Baseball Game:  $115,000 Recovery

An avid baseball fan who was attending opening day at a Major League Baseball game left her seat to use the restroom during the 7th inning.  As she exited the restroom stall, the metal door came off of its hinges, striking the top of her foot.  She sustained nerve damage to her foot and a rupture of the tarsal plate and supporting structures.  We alleged the baseball team and owners of the ballpark were liable for negligently maintaining their premises and obtained an $115,000 settlement for her. Seth Rosenberg and Mark Fong represented the plaintiff.

Strict Liability – Dog Bite:  $100,000 Recovery

A mother and her 13 year old son were attending a family party in a park in Gilroy.  While taking their dog for a walk in the park they were approached by an unleashed golden retriever.  As the mother reached her hand out to let the unfamiliar dog smell her hand, the dog suddenly bit her hand and began to attack her dog.  The golden retriever was eventually called off by its owner.  Our client received lacerations, ligament damage and a compound fracture to her thumb.  The wound caused by the dog bite subsequently became infected and required surgery to clean the infection and reset the fractured thumb.  The defendant was found 100% liable for his dog’s actions.  The case was settled out of court for $100,000 by Seth Rosenberg.

Cable Car Strikes Pedestrian: Wrongful Death: $500,000 Recovery

Our clients were the children of a 76 year old woman who was struck by a cable car while walking across the street near her home in the North Beach area of San Francisco and later died. Passengers aboard the cable car saw our clients’ mother walking slowly in the crosswalk before she was hit and yelled at the operator to stop. The decedent was vision and hearing impaired, so did not see or hear the cable car approaching.  Plaintiffs sued the City and the cable car operator for wrongful death. Mark Fong represented the Plaintiffs and obtained a settlement for them of $500,000.