John Fagan is a trial lawyer. He focuses his practice on the defense of serious and catastrophic injury cases against the operators of resorts, ski areas and golf courses in premises liability suits. He also has represented a variety of sports product manufacturers, including manufacturers of bicycles, helmets, climbing equipment, water sports equipment, boats and personal watercraft.
Through representation of resort operators and sports product manufacturers, he and members of his firm have helped develop case law on implied and express assumption of risk. He regularly is retained to provide advice to clients in the sports and recreation industries on risk management and corporate matters.
He has acted as national coordinating counsel for many sports clients, including those in the ski industry, the bicycle industry, the helmet industry and many sporting goods retailers. He works closely with and is regularly engaged to speak before the California Ski Industry Association and the Water Sports Industry Association.
Mr. Fagan is special counsel to the National Ski Areas Association. He is a member of the American Board of Trial Advocates, the Association of Ski Defense Attorneys, the American Society for Testing and Materials, and the Defense Research Institute. He has published many articles on sports and recreation liability issues.
- Alpine Meadows Avalanche Trial: Successfully defended ski area in wrongful death actions arising out of a catastrophic avalanche at ski resort that left seven people dead. Plaintiffs alleged the resort was negligent in its avalanche hazard forecasting and control efforts. Trial lasted 4.5 months. Defense verdict after 12 days of jury deliberations.
- Brown v. Bieffe Helmets, s.r.l: Successfully defended Italian motorcycle helmet manufacturer in wrongful death action arising out of a fatal motorcycle accident in Sacramento County, California. Plaintiff alleged the helmet decedent was wearing was defectively designed and manufactured. Trial lasted three months. Defense verdict after 15 minutes of deliberations.
- Bicycle Distributors and Wholesalers Assn.: Assisted in drafting model bicycle owner’s manual for most major bicycle distributors in North America.
- National Marine Manufacturers Assn., et al., v. Tahoe Regional Planning Authority: Successfully negotiated a settlement on behalf of recreational boating industry to phase in an ordinance banning two stroke engines on Lake Tahoe.
- Numerous summary judgments which have been appealed have resulted in published case law which has helped establish and revitalize the doctrines of primary and express assumption of risk in California.
Admissions : California
- American Board of Trial Advocates
- American Bar Association
- Bar Association of San Francisco
- National Ski Areas Association
- Defense Research Institute
- American Society for Testing and Materials (Committee F8 on Sports Equipment)
Rate : $$$$