This action involved a trip and fall accident that occurred in the evening when
Plaintiff, his wife and his friends were patrons of Defendant’s restaurant in Santa Barbara.

At approximately 9:30 p.m. Plaintiff left the restaurant exiting the side entrance-exit
doorway leading to the parking lot. It was dark, the light fixture on top of the doorway was
burned out and there were no lights in the parking lot. According to witnesses the light had
been out for several days. In addition to the lack of lighting, the landing for the subject
doorway was uneven. The right side of the landing extended out only 38 inches while the
left side extended out 5 feet and 6 inches.

As a result of the insufficient lighting and unevenness in the landing, Plaintiff’s right
leg first stepped down unto the parking lot while his left leg remained on the landing
causing him to lose his balance and fall sustaining severe injuries.

Plaintiff maintained that Defendant created a dangerous condition at its premises
by installing the subject side entrance-exit doorway where the landing was uneven. The
dangerous condition was made worse when Defendants failed to provide sufficient lighting
at the subject doorway.

When the subject premises was built, the landing was even in size and the exit did
not exist. The landing was later modified into its current condition when the parking lot
design was changed from diagonal parking spaces to straight parking spaces. Thereafter,
the subject exit doorway was constructed without obtaining a permit. A permit for the
subject exit doorway would have required the landing for such doorway to be at least five
(5) feet. Additionally, the Uniform Building Code required that there be at least 44 inches
of landing when the door opens. When the door to the side entrance/exit opened, it took
over half of the landing to where the next step on the right side was the parking lot while
on the left side there is more landing creating a trip and fall accident hazard.

In regard to illumination, the Uniform Building Code (hereinafter UBC) required that
one (1) foot candle of lighting be provided. An inspection of the subject premises
conducted under similar circumstances revealed that the measure of light for the subject
doorway and the parking lot was in the range of 0.06 to 0.13. The measure of lighting for
the subject doorway was only 0.06. However, on another inspection, the measure of light
was higher, because Defendant had installed light fixtures in the patio leading to the
subject doorway and rope lighting around the building.

The light measurements taken by Defendant’s expert revealed that the light source
was less than one (1) foot candle of lighting required by Uniform Building Code. Even
assuming any light source existed at the doorway, it would be blocked by the human body
upon exiting the doorway especially when reaching the curb at the landing.

When an unsafe condition in premises causes injury to business invitee, and has
been created by owner of property or by employee within scope of his employment,
knowledge of dangerous condition is imputed to owner and invitee need not prove owner's
notice or knowledge of it. Sanders v. MacFarlanes Candies, 119 Cal. App.2d 497 (1953).
Although obviousness of a danger may relieve property owner of duty to warn of its
existence, it will not necessarily relieve him of duty to remedy a danger if property owner
can foresee that, despite its obviousness, danger may cause injury, as when necessity
requires persons to encounter it. Osborn v. Missions Ready Mix, 224 Cal. App.3d 104.