Gophers Can Cause Trip and Falls
January 5, 2012 Leave a comment
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.
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