In Tang vs. LA Arena (Staples Center in Los Angeles) the California Court of Appeals reversed the trial court and found that the Staple Center must stand trial for the death of a 2 year old who fell to his death from the third floor luxury suites.
Wellman & Warren argued that the bench attached to the guardrail resulted in a safety barrier only 10 inches high because patrons frequently used the bench, intended for the placement of food and drinks, as a sitting, standing, and walking surface. Although the Staples Center knew of this frequent use, and admitted it was dangerous, the Staples Center did nothing about it. Wellman & Warren argued that this configuration was not only unreasonably dangerous, but also violated applicable building codes and OSHA requirements. In a 22-page opinion, the Court of Appeals agreed and held that the Staples Center had a duty to maintain a safe, code compliant arena, especially since it invites families with children to enjoy its many sporting and other events.