Gophers Can Cause Trip and Falls
January 5, 2012 Leave a comment
By Michael Reiter, Attorney at Law.
I went out for another walk today, in the late afternoon. I love to see California native wildlife, like a California Pocket Gopher
I am a big fan of California wildlife, particularly Pocket Gophers, though not as much as my late friend Emma. I had never seen a living pocket gopher before, but this individual poked his head up a few times, and I was able to get a picture of his head. Unfortunately, I only had an iPhone to take a picture, and it was from about six feet away.
Gophers can cause damage to lawns. They can also damage parks. When I was a Deputy City Attorney for the City of San Bernardino, I defended a lawsuit involving an AYSO coach who allegedly tripped and fell in a field in Wildwood Park. Because the case involved a public entity, the plaintiff had to plead and prove a dangerous condition of public property cause of action, but with a private landowner, the standard is typically negligence. The case also involved cross-complaints against the City’s pest controller contractor and the American Youth Soccer Organization. If I recall correctly, the American Youth Soccer Organization, Inc. picked up the City’s defense under an express indemnification clause in a field use agreement.
The information you obtain at this blog is not, nor is it intended to be, legal advice. No attorney-client relationship is established by reading or commenting on this blog. You should consult an attorney for advice regarding your individual situation.
Michael Reiter, Municipal Attorney. Partner with Cole Huber, LLP in Ontario, Roseville California 