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March 5, 2010

Los Angeles Wrongful Death Lawsuit Blames City of Glendale for Man's Fall Accident

The Los Angeles County wrongful death trial involving the city of Glendale and filed by a widow whose elderly husband died after he fell at Casa Adobe de San Rafael is scheduled to begin this month. Hasmik Khanbabayan claims that premises liability and inadequate security contributed to her husband's fall accident injuries that eventually led to his death.

Vahan Karapetian allegedly fell while stepping down from the historical building's porch. He fractured his shoulder. After over two months at Glendale Adventist Medical Center, Karapetian, who was in his 80's, died.

In her Glendale wrongful death complaint, Hasmik Khanbabayan alleges that the porch wasn't safe and that due to a lack of security patrols, Karapetian was on the ground bleeding for 45 minutes. She is seeking compensation for funeral expenses, medical costs, and distress.

Meantime, Glendale officials claim that negligence did not contributed to the elderly man's death. Instead, they cite the victim's age and medical history as causes of his death.

Fall Accidents
If you or someone you love got hurt during an Orange County, California fall accident on someone else's property, you may be able to file a premises liability lawsuit. Poor lighting, uneven stairs, uneven pavements, holes in the carpet, lack of stair or balcony railings, and other hazards can increase the chances that a fall accident may occur.

Fall injuries can be very painful and may force the injured party to take time off work and spend time in the hospital and/or at home in bed. This can lead to costly medical expenses and lost wages. If the fall accident victim lives alone, he or she may have to get someone to move in during the recovery period. Rehabilitation, which can take months, can also be very expensive.

For older people, fall injuries can lead to bedsores, infections, broken hips (possibly requiring hip replacement surgery), and even death.

Wife blames city for death, Glendale News Press, March 3, 2010

Falls in the Elderly, American Academy of Family Pediatrics


Related Web Resources:
Casa Adobe de San Rafael & Park

City of Glendale

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February 8, 2010

Two Orange Counties, California Premises Liability Lawsuits Against the City of Huntington Beach

Amber Scott is suing the city of Huntington Beach for Orange County, California personal injury. The 37-year-old woman claims that she broke her elbow during a fall accident on an uneven sidewalk last December.

Scott claims that the city is liable for her Huntington Beach trip and fall injuries because of its failure to check the sidewalk, located on Crest Street close to Main Street. She wants the city to pay for lost wages, related medical costs, and other damages. Scott is asking for at least $25,000.

If you were injured in a trip and fall accident, a slip and fall accident, a step and fall accident, or in an injury accident caused by poorly designed roads, defective sidewalks, poorly lit walkways or stairwells, or other hazardous conditions on a property that is owned by a city, you may have grounds for filing an Orange County, California injury claim that will allow you to seek damages for premises liability.

Just last week, the city of Huntington Beach settled a premises liability lawsuit over injuries to a minor for $30,000. 14-year-old Douglas Young was 12 when he fell in a public alley while riding on a wave board on May 10, 2008. He broke two of the bones in his right arm.

The teenager's Orange County, California injuries to a minor lawyer says there was construction taking place at the time, resulting in broken pavement and potholes in an area that was frequented by kids on skateboards and bicycles. Despite agreeing to settle, the city maintains that it is not liable for Young's Huntington Beach fall accident injuries.

Unfortunately, sidewalk related accidents are not uncommon and can cause painful, debilitating injuries. Broken bones, hip injuries, back injuries, and traumatic brain injuries have been known to happen.

Teen gets $30,000 from city after waveboard crash, OC Register, February 1, 2010

Woman suing for $25,000 after tripping on sidewalk, OC Register, February 5, 2010

Related Web Resources:
Premises Liability, Justia

City of Huntington Beach, California

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February 1, 2010

Costa Mesa Woman Wants $2 Million for Newport Beach Pedestrian Accident Injuries

24-year-old Brandi Lynn Sutton wants the city of Newport Beach to compensate her for $2 million for injuries she sustained when she was hit by a taxi in August 2009. The Costa Mesa resident says that the crosswalk she was in was poorly lit.

Sutton broke bones in her lower leg, suffered a concussion, and sustained elbow, knee, and back injuries when she was struck by a Ford Crown Victoria cab at around 2am on West Balboa Avenue at 26th Street. She claims that a number of factors contributed to her Newport Beach pedestrian accident, including the faded crosswalk paint and an unlit street light that created a dangerous condition on public property.

There are conflicting reports over what happened that night. One witness in a police report claims that Sutton was not in the crosswalk when the Orange County, California traffic crash happened and that she appeared to be "loitering in the roadway" and was in no hurry to get to the sidewalk. The same witness said that the street light did not go on, and only did so intermittently, until after the accident involving Sutton happened.

City officials turned down Sutton's Orange County, California injury claim asking for $2.2 million. She will have to file a Newport Beach injury lawsuit in order to recover damages.

If you were injured on public property in Newport Beach, you will first have to file a claim against the city. If your injury case is not resolved after you file, you may want to pursue a Newport Beach injury lawsuit against the city.

Premise owners are responsible for ensuring that the property they own/oversee has no hazardous conditions that can contribute to causing an Orange County, California premises liability accident. This includes making sure that roads are properly designed, adequately lit, and equipped with the proper traffic signs and signals.

Woman hit by taxi wants $2 million, The Orange County Register, February 1, 2010


Related Web Resources:
Newport Beach, California

Continue reading "Costa Mesa Woman Wants $2 Million for Newport Beach Pedestrian Accident Injuries" »

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January 8, 2010

Did Poor Lighting Cause Laguna Woods Trip and Fall Accident?

According to a letter by Muriel Tuteur published in the Laguna Woods Globe, her friend Helene Press tripped and fell, breaking her right femur on the evening of October 27, because of there was inadequate lighting in the parking lot in United Mutual. Press had to be confined in the hospital for at least four weeks. She has needed about 10 weeks to heal so can walk again.

Press was walking out of a jewelry class when she tripped over a concrete parking barrier close to her car. She says that due to the poor lighting, she didn't see the bumper, which was painted blue. Press says that after her Orange County, California trip and fall accident, paramedics had to come and her because she felt paralyzed.

Press is reportedly not the only one who has gotten hurt in this parking lot. Over the years, others have reportedly complained about the lighting. Let There Be Light coordinator Margaret Pearlman says lawsuits have been filed over the lighting in the senior community.

Trip and fall injuries can lead to broken bones, neck injuries, back injuries, hip injuries, arm injuries, knee injuries, and other physical injuries. Trip accident injuries can be excruciatingly painful and may leave a person immobile for weeks if not months or permanently.

Recovery and rehabilitation can take a long time, and the medical costs can start to rack up. Older people, whose bones are more fragile, can take longer to recover from fall accidents. Fall accidents have also been known to cause lead to deteriorating health, bedsores, and other complications for the aged.

Premise owners are supposed to make sure there is sufficient lighting on the property. Proper lighting can prevent fall accidents and violent crimes. Poor lighting can be grounds for an Orange County, California premises liability lawsuit.

Resident broke leg in dark parking lot, OC Register, December 16, 2009

Falls - Older Adults, Centers for Disease Control and Prevention

Related Web Resources:
Laguna Woods Village

Slip and Fall Accidents, Nolo

Continue reading "Did Poor Lighting Cause Laguna Woods Trip and Fall Accident?" »

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January 4, 2010

Woman Files Orange County, California Trip and Fall Claim Against Huntington Beach

A 54-year-old Hemet woman has filed an Orange County, California personal injury claim against the city of Huntington Beach. Ellen Aranza says she tripped and fell on a hidden tree root while walking from her sister's house to her car on November 26.

Arana, who had just attended a Thanksgiving meal at the residence, claims that when she fell the pan broke, cutting into her arm all the way down to the muscle. The injury required stitches. She also says she hurt her back and sustained bruises on her elbows and knees during the Huntington Beach trip and fall accident.

On December 3, the city of Huntington Beach ripped out the tree. A city spokesperson says the claim is under investigation.

Kinds of Fall Accidents:

Slip and fall accident: Involves a person slipping on the floor. This is the most common kind of fall accident.

Step and fall accident: The victim steps into a hole or another type of ground failure and then falls.

Stump and fall accident: An impediment in the walking surface causes a fall accident.

Trip and fall accident: The victim trips on an object on the ground and falls.

A fall accident can be grounds for filing an Orange County, California premises liability claim against the party responsible for maintaining a property and making sure that there are no hazards on the premise that could cause personal injury or death.

While some fall accidents result in minor or no injuries, fall accidents can also cause painful, debilitating injuries that may require months of recovery. There are steps that you must follow when pursuing recovery from California city or the state for personal injury. Filing a claim is one of the first steps.

It can be frustrating to know that your injuries could have been prevented were it not for the negligence of another party. As the injury victim, you are the one who must undergo the medical procedures and rehabilitation care to recover. You are the one who will have to take time off from work and possibly suffer lost wages. You are the one who may not be able to tend to your daily responsibilities and take part in the activities that make up your life.

Claim: Woman trips on tree root, drops potato casserole, OC Register, December 23, 2009


Related Web Resource:
Proving Fault in Accidents on Dangerous or Defective Property, NOLO

Justia

Continue reading "Woman Files Orange County, California Trip and Fall Claim Against Huntington Beach" »

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December 23, 2009

Two More Orange County, California Boating Accident Claims Filed Against Huntington Beach Over Deadly Crash Under Gilbert Drive Bridge

Two more claims have been filed against the city of Huntington Beach over a catastrophic boating accident under the Gilbert Drive Bridge that killed two boaters and injured a third on June 27. Shawn Wilson and Caleb Steele died after their inflatable boat hit one of the bridge's beams. The third boater, James Geekie, sustained serious head injuries.

In November, Wilson's wife Deanna filed an Orange County, California wrongful death lawsuit against Huntington Beach, the county, and the state of California. Deanna's previous claims seeking $5 million in damages for herself and another $5 million for her 3-year-old daughter with Wilson were denied.

Last week, Steele's parents, Patricia and Scott Steele, filed separate wrongful death claims against Huntington Beach. Like Deanna Wilson, the two of them claim dangerous bridge conditions, including poor lighting and failure to warn boaters of how the tides can impact navigability, caused the wrongful death.

It was high tide when Wilson struck the bridge beam. If the men had known to duck, they would have avoided striking the bridge beam.

On Tuesday, the only boater to survive the Huntington Beach boating crash, James Geekie, filed his Orange County, California personal injury claim against the city. Geekie, who sustained brain injuries, a concussion, and fractured his skull, also contends that poor conditions on the bridge contributed to his California boating accident injuries.

Orange County, California Premises Liability
An Orange County, California city can be held liable for premises liability if there was a hazard on the public property that should have been remedied but instead was not repaired or removed and caused injury or death. Public and private property owners or those in possession of the premise owe a duty of care to keep a property safe so that visitors, patrons, and others do not get hurt.

Another claim over deadly boat crash, OC Register, December 23, 2009

Relatives ask for $2 million in bridge death, OC Register, December 23, 2009

Widow Sues Huntington Beach, Orange County, and State of California for Wrongful Death Following Husband's Deadly Boating Accident, California Injury Lawyers Blog, November 10, 2009

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December 7, 2009

Barbra Streisand Sued for Los Angeles County Fall Accident

A carpenter who was injured in a Los Angeles County fall accident while working on movie star Barbra Streisand's home is suing the celebrity for California premises liability. Daniel Ortiz says he was working on the award-winning singer's Malibu home when he fell into a ditch.

As a result of the Malibu, California fall accident, Ortiz says he experienced discomfort, humiliation, anxiety, mental anguish, loss of enjoyment of life, physical distress, and emotional distress. He is accusing Streisand of both neglecting to warn him of the unsafe conditions on her property and not making the hazardous conditions safe.

California Premises Liability
A property owner can be held liable for California premises liability if a victim is able to prove that the property owner knew or should have known about the hazardous condition, is responsible for the danger on the premise, neglected to warn that the danger existed on the property, and failed to act as a "reasonable" person would have by taking steps to prevent the fall accident from happening.

Los Angeles fall accidents can result in hip injuries, fractures, back injuries, spinal cord injuries, traumatic brain injuries, broken bones, and other painful and debilitating injuries.

Examples of fall accidents:

  • Falling into an opening on a property
  • Falling down a flight of stairs
  • Slipping and falling onto the ground
  • Tripping over an item on the ground and falling

Fall accidents can be costly to treat and can take a long time to recover from. The Center for Disease Control reports that 2.2 million people were treated in US emergency rooms in 2007 because they were injured in fall accidents--the number one cause of emergency room visits and one of the leading causes of injuries and deaths to minors. According to the National Safety Council, falls were the number one cause of accidental death for people older than 85 in 2008.

If a worker was injured in an Orange County, California fall accident while on the job, he or she may be entitled to personal injury compensation from third parties that are not the victim's employer.


Barbra Streisand Sued By Carpenter Over Ditch Fall, All Headline News, December 7, 2009

Related Web Resources:
Proving Fault in Accidents on Dangerous or Defective Property, NOLO

Premises Liability Overview, Justia

Continue reading "Barbra Streisand Sued for Los Angeles County Fall Accident" »

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October 27, 2009

Orange County, California Premises Liability: Former Huntington Beach Student Agrees to $37,500 Settlement for Crushed Finger

The Orange County, California personal injury lawsuit filed by Alexina Karsh against the Huntington Beach Union High School District has been settled for $37,500. Karsh injured her finger when wind pushed an open school door shut onto her finger.

Karsh's Huntington Beach premises liability lawsuit contends that the door was not secured properly. Karsh's finger bled and required stitches. Because of her injury, Karsh is not able to straighten her finger and she can't feel anything in its tip. She missed an Advanced Placement test and is scared to cut vegetables.

The school district has denied Karsh's allegations and accused the teenager of failing to use the door correctly. The compensation to Karsh was paid by Angeles Contractor. The company was in charge of installing the door as part of the school's remodeling plan.

This is not the first Huntington Beach personal injury lawsuit against the school district over finger injuries.

In May 2008, Huntington Beach High student Patricia McCormack filed her Orange County, California premises liability complaint after she cut her thumb while using a table saw. She dropped her lawsuit before the personal injury case went to trial.

Last December, Sowers Middle School Samuel Camm almost severed his thumb. His Orange County, California injuries to minor lawsuit is scheduled to begin in April.

California Premises Liability
Property owners have a legal obligation to exercise reasonable care to make sure that there aren't any hazardous conditions on a premise that could cause personal injury or wrongful death. It is also the responsibility of the property owner or the occupant of the premises to inspect the property for dangerous conditions--especially if people, such as students, customers, employees, clients, or members of the public, frequent the property.

Student gets $37,500 after door crushed finger, OC Register, October 27, 2009

Premises Liability Overview, Justia


Related Web Resource:
Huntington Beach Union High School District

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October 11, 2009

"Sweat Lodge" Rite, Part of "Spiritual Warrior" Program Run by Southern California Based Self-Help Expert, Leaves Two People Dead and Sends 19 Others to the Hospital

Police are trying to figure out how two people died and 19 others fell ill while in a sweat lodge at the Angel Valley Spiritual Retreat on Thursday. The two people that died were 38-year-old Kirby Brown and 40-year-old James Shore. The two victims, along with other participants, were attending the "Spiritual Warrior" program run by James Arthur Ray, a self-help expert based in Southern California. Program participants paid over $9,000 each.

Up to 65 people may have been in the lodge for the purification ceremony, which lasted a couple of hours. According to Native American traditions expert Joseph Bruchac, who is quoted in the New York Times, there are usually only about 8 - 12 people at a time in a sweat lodge.

On average, the lodge is about four and a half feet tall. Water is poured on hot rocks and participants' bodies are supposed to undergo a cleansing while in the lodge. Bruchac says that sweat lodge ceremonies usually last no more than an hour.

Investigators have ruled out carbon monoxide poisoning as a cause of death. According to Yavapai County sheriff Steve Waugh, lodge participants fasted for 36 hours until early Thursday morning when they ate a breakfast buffet.

The other people who were taken to the hospital were suffering from a variety of conditions, such as elevated body temperature, kidney failure, and respiratory arrest.

Police are trying to determine whether criminal charges should be filed against anyone.

Personal Injury
Premise owners and supervisors, as well as those in charge of running or supervising an event on a property can be held liable for premises liability, personal injury or wrongful death if a dangerous or hazardous condition on a premise caused the injury or death. Negligent or careless or reckless actions by those in charge of a property or event can also lead to a civil suit against the responsible party.

You can find out if you have grounds for an Orange County, California personal injury claim or lawsuit by speaking with an experienced Anaheim injury law firm.

2 dead after hours in Ariz. sweat lodge identified, Associated Press/Google, October 10, 2009

Questions About 'Sweat Lodge' Rite Where 2 Died, New York Times, October 10, 2009

Related Web Resources:
James Arthur Ray

Angel Valley Spiritual Retreat

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October 5, 2009

Newport Beach Wrongful Death Claim Blames City for 83-Year-Old's Deadly Fall Accident from Scooter

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

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September 15, 2009

Huntington Park Repair Shop Can Be Held Liable for 2005 Los Angeles County Truck Accident, Involving Stolen Vehicle, that Injured 8 and Killed 3

A Southern California Appeals Court says that a truck repair facility can be held liable for a 2005 Huntington Park truck accident that injured 8 people and killed 3 others. The commercial tow truck was stolen from the service yard of Maurice J. Sopp & Son. Video footage from the repair yards surveillance cameras show Raymond Bermudez walking onto the premise through an open gate and climbing into the 2003 Nissan truck. Just several hours ago, Bermudez was released on parole from Soledad State Prison.

Bermudez started the truck's engine, struck another vehicle that was behind it, hit a shade canopy, and drove off the property. He then struck several vehicles before driving into a group of people at a bus stop. A couple (they were the parents of seven children) and a single mom died from their injuries. Eight other people also sustained injuries from the deadly Los Angeles County truck accident.

The victims' families sued the tow truck company for Los Angeles personal injury and wrongful death. The defendant moved for summary judgment, citing causation and duty. The plaintiffs noted that "special circumstances" allowed for a vehicle's owner or bailee to be held liable for injuries caused by the thief of that vehicle, such as in the event that "heavy vehicles are left unattended," allowing for people who aren't used to driving them to do so.

The plaintiffs also noted that in 2004, Huntington Park had the highest car theft rate in the US and its violent crime rate was in the nation's top 14th percentile. They also argued that the car repair shop had contacted police 25 times over a five-year period because of reported break-ins and thefts and that the keys to the truck had been made easily accessible. While a Los Angeles Superior Court Judge granted the summary judgment motion, the California appeals court reversed the ruling.

California Truck Accidents

If you or someone you love was seriously injured in a Los Angeles County traffic accident involving a stolen vehicle, do not despair. The first step you need to take is to speak with an experienced Los Angeles truck crash lawyer immediately. A good injury attorney will know how to investigate your case and prove liability.

Truck crash injuries can be very serious and costly. There is no reason why you should have to cover the entire financial burden if someone else's negligence or carelessness caused your California truck collision injuries or your loved one's death.

C.A. Rules Truck Repair Shop May Be Liable for Fatal 2005 Crash, Metropolitan-News, September 4, 2009

Carrera v. Maurice J. Sopp & Son (PDF)

Related Web Resource:
Trucking Accidents: Common Causes and Liabilities, Nolo

Injured in a Truck Accident. What to Do?

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August 21, 2009

Orange County, California Pedestrian Accidents Cause Injuries in Anaheim, Costa Mesa, and Irvine

An Anaheim pedestrian accident in front of Palm Lane School has left a woman injured. The woman was crossing the street early this the morning when a Chrysler PT Cruiser struck her. Fortunately, according to an Anaheim fire captain, the car struck a parked truck first before hitting woman and the initial impact likely slowed the speed of the PT Cruiser before it hit her.

As of Wednesday, the Daily Pilot is reporting that an 11-year-old pedestrian who was injured in a Costa Mesa pedestrian accident is still in critical condition. Konrad Osgood has been experiencing bleeding in his brain after he and a 8-year-old boy, Antonio Fair, were hit by a car on Tuesday night.

The two of them were crossing the street with six other kids and two adults. They were headed to Wilson Park. According to police, the two adults were supervising the eight kids and were standing at the island that divides opposite lanes of traffic on Wilson Street when the two boys ran ahead into traffic. Newport Beach driver Ariel Claudio Mendozo, who was driving his car at about 25 mph, hit the two boys.

Last Friday, 75-year-old Ali Panahi died from injuries he sustained in an Irvine pedestrian accident that occurred in the afternoon at the intersection of West Yale Loop and Barranca Parkway. He was struck by a woman driving a Hyundai Accent. Witnesses are being sought to help determine what caused the Orange County, California traffic accident.

620 people died in California pedestrian accidents last year. That figure doesn't include the number of pedestrians who survived being hit by a car, bus, motorcycle, or truck with injuries. Because pedestrians have no protection whatsoever from the impact of getting hit by any kind of motor vehicle--especially one moving at a rapid speed--the consequences are frequently catastrophic and the medical expenses and recovery costs can be high.

Pedestrian hit by car in front of elementary school, OC Register, August 21, 2009

Boy still in critical condition, Daily Pilot, August 19, 2009

Elderly man dies after Irvine traffic collision, OC Register, August 15, 2009

Related Web Resources:
Traffic Safety Performance (Core Outcome) Measures* For California, NHTSA

Pedestrian & Bicycle Safety, FHWA Safety

Continue reading "Orange County, California Pedestrian Accidents Cause Injuries in Anaheim, Costa Mesa, and Irvine " »

July 27, 2009

Irvine Family Awarded $2 Million California Wrongful Death Verdict for Fatal Golf Cart Accident

A Southern California jury has awarded the family of Irvine resident Edwin Payne $2 million for his wrongful death. Payne, 65, was killed after his golf cart fell off an 80-foot cliff at the Pala Mesa Golf Resort in Fallbrook in May 2007. Payne was taking part in a yearly golf trip with three colleagues.

The deadly golf cart accident happened as Payne tried to make a U-turn in the cart. Instead, Payne lost control of the vehicle, which went down a 40-foot slope before dropping 80-feet onto Highway 395. The cart overturned close to the bottom of the cliff, crushing the vehicle, and tossing Payne onto the road. Rescuers tried to revive Payne, who was pronounced dead at the crash site.

The family's California wrongful death legal team persuaded the jury that the golf course was liable for Payne's accident because it failed to put up warning signs about the slope, which is located behind trees and foliage. The plaintiffs contend that if the golf course had installed a higher curb, Payne may not have fallen down the slope.

Payne's wife, Clara, will claim approximately $1.5 million. The final California wrongful death verdict will be reduced by 30% because Payne was partially liable for the fatal accident.

Comparative Fault
California is a comparative fault state. This means if a plaintiff is found partially at fault for causing a personal injury accident, he or she is only entitled to receive a percentage of the personal injury damages awarded by a jury. For example, if a jury determines that the plaintiff was 30% at fault for causing his or her accident, the plaintiff can only receive 70% of the award. While some states do not allow a plaintiff that is found more than 50% liable for causing the injury accident to receive any award, California law allows for the injured party to receive damages, even if it is 49% or less.

Premises Liability
The owners of public and private premises must make sure that there are no hazardous conditions on a property that can cause injury or death to others. If a person gets hurt and the property owner could have prevented the accident, the injured party may be able to file an Orange County, California premises liability lawsuit.

Family gets $2 million after golfer drives cart off cliff, OC Register, July 27, 2009

Man drives golf cart off cliff at Pala Mesa Resort, North County Times, May 23, 2007


Related Web Resources:
Pala Mesa Golf Resort

Premises Liability Overview, Justia

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July 8, 2009

Newport Beach Should Pay for California Segway Crash Injuries Caused by Roadway Defect, Says Insurer

Zenith Insurance Co. wants the city of Newport Beach to pay for injuries that a man sustained when he fell off a Segway scooter. The insurance company says city officials are to blame for the hazardous condition that caused Terry Bye to fall on his elbow, left hand, and right knee.

Bye got hurt while guiding tourists close to the Back Bay. He fell on New Year's Eve in an area where a dirt path and an asphalt roadway come together. The insurance company says that Bye cut his knee, sustained other sprains, and now suffers from carpal tunnel injury as a result of the California roadway defect.

Bye has received over $10,000 in California workers' compensation benefits. This amount is expected to grow.

Defective Roadway Claims
It is not unusual for a person injured in an accident involving a defective roadway condition to pursue a claim against an Orange County, California city for damages. City officials may try to counter the claim with the argument that there is no reason why they should not have been aware that a roadway's condition was unsafe or hazardous.

A recent study by the Pacific Institute for Research and Evaluation found that over half of US highway deaths involved a deficient roadway condition--that's over 22,000 fatalities--and each minute, 10 roadway-related crashes happen. Roadway defects also are a factor in 38% of highway injuries.

There are steps that government officials can take to make roads safer, and they can be held liable if they should have known that a certain road condition was causing (or could cause injury) yet they did nothing to remedy the situation.

Orange County, California personal injury and wrongful death accidents can occur as a result of a number of roadway defects, such as:

• Debris that wasn't cleared out
• Too much gravel
• Too much oil
• Potholes
• Malfunctioning signals or signs
• Improperly designed roads
• Shoulder drop-offs
• Inadequate lighting
• Failure to provide proper notification of merging traffic
• Failure to properly mark construction zones
• Malfunctioning or inadequate traffic signs

Company wants $10,000 from city for man's Segway crash injuries, OC Register, July 8, 2009

More than Half of Highway Fatalities Are Related to Deficient Roadway Conditions, PR Newswire, July 1, 2009


Related Web Resources:
Pacific Institute for Research and Evaluation

Transportation Construction Coalition

Continue reading "Newport Beach Should Pay for California Segway Crash Injuries Caused by Roadway Defect, Says Insurer " »

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July 3, 2009

Orange County, California Pool Drowning: 6-Year-Old Recovering From Placentia Accident

Orange County fire officials say a 6-year-old nearly drowned in a Placentia swimming pool at a mobile home park last week. The boy appears to have been holding onto the side of the pool when he slipped under.

His 14-year-old sister pulled him from the water and began administering CPR. He had regained consciousness by the time he was transported to Children's Hospital in Orange.

The Orange County Fire Authority reports that there have been 20 drowning emergencies in 22 of the cities that it services since January 2009. Meantime, the Orange County's Health Care Agency reports that 25 young people died in Orange County, California drowning accidents between 2005 and 2007. During this same time period, 204 kids (under age 18) were treated in US emergency rooms after they were immersed under water.

Other facts from the Health Care Agency for 2005 - 2007:
• Children under 5 were involved in 69% of all immersion-related events.
• This same age group made up 72% of Orange County, California drowning deaths.
• 64% of immersion incidents took place in spas and pools.
• 16% of Orange County, California immersion-related incidents occurred in Anaheim, 13% in Santa Anna.
• Over 51% of immersion incidents occurred between June and August.
• 12% of children involved in immersion-related incidents died.

In 2008, six Orange County minors under age 5 died in California drowning accidents. One child died in a spa, four kids died in pools, and one child died in a bathtub.

As we've mentioned in previous blog posts, a drowning accident can be grounds for an Orange County, California premises liability or wrongful death claim if someone sustains injuries or dies in another party's pool or spa. Kids are especially at risk of dying or sustaining catastrophic injuries, including traumatic brain injuries, in drowning accidents.

Steps premise owners can take to decrease the chances that someone will die in a pool or spa accident:

• Install a four-sided fence around a backyard pool.
• Add pool alarms and motorized pool covers.
• Make sure that buckets and pails are emptied out of water or other liquids after use.
• Properly supervise all swimmers--especially kids.
• Consider learning CPR.

6-year-old recovering after nearly drowning in pool, MSNBC, June 30, 2009

25 youth drowned in O.C. from 2005-2007, OC Register, June 29, 2009

Drowning prevention tips, OC Register, June 15, 2009


Related Web Resource:
Pool Safety

Home Drowning Prevention Tips From CPSC

Continue reading "Orange County, California Pool Drowning: 6-Year-Old Recovering From Placentia Accident " »

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