Huntington Beach bicyclist Anita J. Newman has filed an Orange County, California personal injury claim against the city. The 61-year-old claims that she sustained a head trauma, lost her sense of smell, and experienced memory loss, vertigo, and depression after she was hit by a parking lot gate arm.
Newman told the Orange-County Register that the accident happened on September 6 close to the First Street parking lot. The gate arm struck her arm, before bouncing up to strike her chin. She fell off her bicycle and that is when her head struck the ground.
She says that not only was she hospitalized for a week but there was bleeding in her skull and she can't remember the accident. Newman says that there should have been a warning to let her know that the gate arm was coming down. She also points out that the sign barring bicycles from the area is small and hard for cyclists to read.
Huntington Beach Premises Liability
Property owners must exercise reasonable care to ensure that all hazards on a premise are either fixed or taken off the property. If anything is a possible hazard, then adequate warning signs should be put up to prevent injury or death. Victims of property hazards may have grounds for filing an Huntington Beach, California personal injury lawsuit.
Examples of Premise Hazards:
• Inadequate security
• Falling merchandise
• Wet liquids on the ground
• Debris on the floor
• Poorly lit hallways
• Broken steps
• Electrical hazards
• Swimming pools that lack covering
• Unsecured, heavy objects
• Sidewalk defects
• Toxic substances
• Defective machinery, equipment, or furniture
Unfortunately, premise hazards can exist anywhere, including in restaurants, parks, private homes, apartment complexes, offices, hotels, bars, amusement parks, offices, grocery stores. To file an injury lawsuit against an Orange County, California city for premises liability, you must first file a claim notifying of your intent to sue.
Claim: Bicyclist hit with gate arm lost sense of smell, The Orange County Register, March 10, 2010
Related Web Resources:
The Basic Liability Rules for Premises Accidents, Nolo
