According to a wrongful death claim filed against Newport Beach, 83-year-old Marvin Neben died because he fell off his scooter when one of the motor vehicle's wheels drove into a hole in a patch of grass that the city was responsible for maintaining.
Neben, who was tossed onto the concrete after the scooter flipped over, died 10 days following the April 25 fall accident. His death certificate states that the 83-year-old died from coronary artery disease, with pneumonitis as a contributing factor.
This type of claim is a precursor to filing a wrongful death lawsuit against the city of Newport Beach.
A California municipality can be held liable for personal injury or wrongful death if the city's negligence contributed to the accident in some way. For example, a plaintiff might sue a city because a catastrophic car accident occurred due to a faulty traffic light, debris on the roadway, or a defectively designed road. A slip and fall accident on an uneven sidewalk or a staircase without a handrail located in a public building can also be grounds for an injury lawsuit against a municipality. Victims of police brutality who opt to file a personal injury lawsuit are likely to name the police department and its city as defendants.
California Premises Liability
Public and private property owners are responsible for making sure that the premises they oversee are free from hazards or defects that can cause injuries or deaths. Cities are often responsible for maintaining parks, roads, buildings, public swimming pools, and other public premises.
The best way to ensure your chances of receiving the maximum financial recovery possible is to work with an experienced Newport Beach injury law firm. Your Orange County, California injury lawyer will know how to investigate your case and make sure that the proper procedures are followed when filing your claim or lawsuit. There may be more than one party that can be held liable for your wrongful death case.
City blamed for 83-year-old's fatal fall from scooter, OC Register, October 5, 2009
Related Web Resources:
City of Newport Beach, FAQ's
Premises Liability, Justia
