Diablo Gazette • FEBRUARY 2017 • Page 16 • www.DiabloGazette.com | www.fb.com/DiabloGazette •(925)-298-9990
legalbriefs
by Douglas A. Prutton, Attorney Email: Doug@PruttonLaw.com
Tomizaki’s Champions Kung Fu Moved Feb. 26 Open House offers Free Classes for All
Injured on Someone Else’s Property?
Fred Fallen limped into the lawyer’s office and declared the following: “Last summer I was shopping at Concord Giant Grocery when I slipped and fell on the floor. Now I get this nasty letter denying my claim – this isn’t right, man, you gotta help me, I lost time from work, the medical bills are ridiculous, and I still can’t sit on my tailbone!” The lawyer calmly asks Fred: “So, what did you slip on?” Fred, exasperated, responds: “I don’t know, I was on the floor in pain dude, I wasn’t inspecting the damn floor, it was wet, like liquid, you know.” “Did you take any photos,” the lawyer inquires. “Are you kidding me, I was on the floor writhing in pain,” Fred fires back, wondering if this clueless lawyer understands anything. Yes, I have heard this story many times. And, yes, some people do pull out their cell phones and take photos of what they fell on. What many people think is that if they fall at someone’s property, the property owner is always legally responsible for the injuries. This is not true. The property owner is only responsible if the property owner did something wrong, i.e., was at fault, for the incident. The problem in a case like Fred’s is proving that the grocery store did something wrong, or was at fault. How can you prove this if you do not know what the person fell on? The liquid could have been spilled by a customer moments before Fred slipped, and it is Fred’s burden to prove that the store was at fault. The injured person must have a “theory of liability.” For example, I have handled cases where the liquid leaked from a freezer at the store, where no mats were placed around a grape display
(we argued that the store should know that grapes will fall on the floor and be slippery on linoleum), and where the store had mopped the floor and not put up warning signs. The same reasoning applies to other slip/fall and trip/fall cases. For example, where a person trips on a bad sidewalk, the person must prove not only that the sidewalk was dangerous, but that the owner of the sidewalk (usually a city) either caused the dangerous condition, or knew or should have known of the dangerous condition and failed to correct it, i.e. that the City was at fault. Similarly, if someone gets hurt at your home by, say, tripping over something, or by a chair breaking, you are not responsible unless you did something wrong. For example, the injured person would have to prove that you knew about the tripping hazard, or knew that the chair was dangerous, and that you did not fix the problem, or did not warn anyone about the danger. Some property owners have “medical payments” insurance coverage for people injured on their property. This insurance will pay for medical expenses, up to the policy limits, no matter who was at fault for the accident. Getting back to Fred, I might tell him that we can request a copy of the videotape from the store, that I will talk with any witnesses (assuming of course that the witness – usually another customer- provided Fred with a name), and that I will talk with the insurance company and get more information about why they denied the claim. By then, Fred will probably say something like: “Thanks, man, I’m just frustrated with this whole thing and sorry I snapped at you earlier!”
After standing vacant for over a year, the Rosewood Center on Clayton Road has a new occupant. Tomizaki’s Champions Kung Fu is moving from Treat Plaza, into the former Rosewood House in at 4700 Clayton Rd. in Concord. Master Tomizaki has been teaching in the Bay Area since 1989. It’s not necessary to win awards or trophies, but to achieve personal bests, and strive to better yourself as a human being, Master Tomizaki says. They want each person to walk out at the end of class feeling empowered and to know that they also can help others, and to be responsible to themselves. Master Daniel Tomizaki was born and raised in Brazil. He saw a martial arts performance in a street fair one day as a child, and decided that’s what he wanted to learn. He became the first student to earn a black belt in Seven Star Praying Mantis. He moved to the USA in 1989 and started training Choy Lay Fut and won many championships including International Four Star Grand Champion. Four star means he won in fighting, hand forms, short weapon, and long weapon. He was given the title of “Sifu” (Cantonese for Master) in 1997. However, teaching is his passion. He studied Physical Education at the University of Sao Paulo, the most prestigious school in Brazil. That along with his 30+ years of teaching kung fu gives him the unique ability to customize training for everyone, regardless of their age, gender, limitations, etc. His wife, Steffani Tomizaki, a 5th degree black belt, also competes and earned a spot on the 2012 World Chin Woo team to compete in Tianjin, China. She has been teaching self-defense classes for women and girls for over 10 years. She started learning kung fu in 2000 after surviving an attempted kidnapping by gunpoint by three men. Steffani is passionate about keeping ladies safe as she herself has been a victim. “They followed me
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in a car to my home from Concord to Walnut Creek right in the middle of the day,” Steffani recalls. She distracted them by tossing her phone and purse and then run. The three took off but crashed off Peachwillow, fled on foot into the Kaiser pediatric office.” The three were soon apprehended and later convicted. Self-defense helped save her life, not the fighting part, but the thinking part. Her self-defense class is about teaching empowerment, confidence, and listening to instincts. Her 3-hour self-defense classes for ages 12 and up covers rape prevention, how not to be victim, basic releases and strikes, falling (and getting up). The class ends with a simulated attack where they get to use everything they learned. Besides being passionate about kung fu and self-defense, she’s been very active in the community. She coached youth soccer for over 17 years, volunteered for over 13 years in the local elementary, middle, and high school, teaching PEP, Smart Start and Youth Educators. These programs help educate our youth on make healthy decisions regarding alcohol, tobacco, drugs, and refusal skills. The family feels very strongly about giving back to the community. They have done Lion Dance performances for fundraisers for community service organizations. Three out of four of Master Tomizaki’s and Steffani’s children have achieved the level of black belt. The fourth is on her way. Open House: On February 26, 2017, Tomizaki’s Champions will have an open house, and have free SelfDefense and Safety Awareness classes throughout the day for the community. The classes will be divided by age, and age appropriate material will be shown and discussed. A parent/guardian must be present for minors. 10:00 - 11:00 ages 3 – 6; 11:00 - 12:00 ages 7 –12; 12:00 - 1:00 teens; 1:00 - 2:00 adults It should be fantastic event. For more information, please call 925-671-7100 or email info@championskungfu.com. www.championskungfu.com www. facebook.com/TomizakisChampions