Two families have filed Orange County, California wrongful death claims blaming Newport Beach officials for their loved ones' drowning deaths. In the first claim, filed by the loved ones of Claremont resident Victor Wang who drowned in March 2008, the family contends that the city failed to put up flags or another warning that the high wind or surf could prove dangerous. Wang's family is asking for $20 million.
The second wrongful death claim stems from an incident last August when a man who dived under a wave broke his neck. Michelle Taylor is seeking $500,000 and her Orange County, California claim cites a "failure to warn" and "dangerous condition of public property."
Newport Beach officials have denied both claims. They say that when Wang drowned, there were a number of warning signs posted. It is not certain yet whether either family will turn their claims into Newport Beach, California wrongful death lawsuits.
In the last 10 years, 14 people have died at the beach in Newport. 6,125 medical assists have been required each year, with only 5 to 10% involving serious injuries. While state law appears to favor the city--as a public entity--not being liable for personal injuries caused by "a natural condition of any unimproved property," according to California code, a public entity could be held liable if the entity had "actual or constructive notice of the dangerous condition" and could have taken steps to protect people against the "dangerous condition."
Recently, the association that oversees Lake Mission Viejo in 2003 paid $900,000 to settle a wrongful death lawsuit that the plaintiffs said occurred because the lifeguard wasn't paying enough attention. Other wrongful death and personal injury claims have been filed in US drowning accidents involving:
• Beaches, pools, or other bodies of water that were improperly supervised.
• Lifeguard negligence or incompetence.
• Fall accidents from piers or docks.
• Personal injuries and deaths involving defective boats and other water products.
Families blame Newport Beach officials for broken neck, drowning, OC Register, April 9, 2009
Related Web Resource
Rip Current No 1 Beach Danger, MedicineNet.com
