California Injury Lawyers Blog

Rose Herrera is seeking Huntington Beach personal injury damages from the city. The 56-year-old woman says she was injured in an Orange County, California trip and fall accident on July 25, 2011.

According to Herrera, she was walking on Flamingo Circle, which is the street where she lives, when she fell on an area of the sidewalk that had been raised by tree roots. She landed on her right arm and knee, fracturing her wrist in the process. Herrera says she needed to two surgeries and has not been able to work since she got hurt.

Trip and Fall Accidents
Huntington Beach trip and fall, slip and fall, and step and fall accidents can cause painful, debilitating injuries. A person may land on his/her back, head, or face, sustaining back injuries, facial injuries, broken bones, bruises and cuts, spinal cord injury, traumatic brain injury, and even death. The injured person may have to undergo surgeries, take time off from work, hire a physical therapist, go on follow-up visits with a physician, and take pain medications. His/her life and routine as well as the lives and schedules of families may become disrupted as a result.

"While a 'trip and fall' accident may sound harmless enough, often the injuries can be very debilitating, even disabling," said Howard Law, PC Partner and Anaheim Premises Liability Attorney Vincent Howard. "Recovery can take anywhere from a few days, to a few weeks, to months, or even longer and some injuries may be permanent--not to mention the health complications that can arise."

Common causes of trip and fall accidents (depending on where the accident happened and the nature of the surface and (if) any obstructing objects involved):

• Uneven pavements
• Poor lighting
• Uneven flooring or carpeting
• Cables or electrical cords on the ground
• Objects or debris on the floor

"You want to make sure you factor into account all the costs and losses and damages that can arise--even those that are not directly caused by the Orange County, California trip and fall accident but are a result of the incident nonetheless," said Huntington Beach Personal Injury Attorney Vincent Howard.

If hazardous conditions caused you to trip an fall, you may have grounds for an Orange County, California premises liability claim or lawsuit against the property owner. Premise owners can be held liable if the injury takes place due to an unsafe condition that he/she knew or should have known existed. To prove liability, the injured party must show that the premise owner caused the hazardous condition by creating it or failing to remedy it, knew about the condition yet didn't try to eliminate or repair it or make it more safe, or should have known about it and taken actions that any reasonable person under those circumstances would have done to fix the problem.

Woman wants at least $75,000 after fall in H.B., OC Register, January 30, 2012

City of Huntington Beach

Proving Fault in Accidents on Dangerous or Defective Property, Nolo

More Blog Posts:
Irvine Trip and Fall Accident Claim Seeks At Least $1M Over Injuries from Uneven Sidewalk, California Injury Lawyers Blog, July 11, 2011

Huntington Beach Trip and Fall Accident Has Couple Suing the City for $500,000, California Injury Lawyers Blog, April 21, 2011

Los Angeles Elder Abuse and Neglect Alleged in 89-Year-Old's Alzheimer Patient's Fatal Fall At Woodland Hills Retirement Community, California Injury Lawyers Blog, March 16, 2011

Continue reading "Woman Files $75K Huntington Beach Trip and Fall Accident Claim Over Injuries Caused on Raised Sidewalk " »

A woman who works for Cal State Long Beach died yesterday when the elevator she was in malfunctioned, trapping her between two floors. As 48-year-old Annette Lujan tried to get out, the elevator, which weighs over 2000 pounds, moved, crushing her. The 48-year-old Huntington Beach woman was pronounced dead at the Los Angeles County injury accident site.Lujan was employed in the University Office of Research for Grants and Contracts.

Elevator Accidents
Elevator accidents can cause serious injuries, which is why an elevator should be properly maintained and free from any defects that might cause it to get stuck in between floors, suddenly and rapidly descend without warning, or have its doors open at the wrong moment.

Elevator entrapment can lead to asphyxiation, emotional trauma, and panic attacks. If your elevator suddenly goes into freefall, you may sustain physical injuries from the impact of landing. Walking into an open shaft that doesn't have an elevator to step into can be a traumatic and excruciating experience if one is lucky enough to survive.

Common causes of elevator accidents include:
• Mechanical malfunction
• Improper leveling that prevents the elevator from properly lining up with the floor
• Faulty wiring, which can cause accidental electrocution
• Wet floors that can lead to a Los Angeles slip and fall accident
• Inadequate repairs
• Failure to have the elevator undergo routine inspections and/or maintenance
• An elevator door defect
• Rider carelessness

The building owner where a defective elevator is located, the elevator manufacturer, or the maintenance company responsible for inspecting and keeping an elevator working are some of the parties that could be held liable for Los Angeles premises liability, personal injury, or product liability. An experienced Long Beach injury law firm can help you figure out what happened.

Also, if your elevator accident was work-related, you could be entitled to both California workers' compensation from your insurer and Los Angeles injury recovery from other responsible parties. If it was your loved one that was killed in the work accident, you may be entitled to wrongful death recovery and death benefits from the employer.

Elevator accidents kill about 27 people a year, while about 10,000 others are injured. Please call our Los Angeles personal injury law firm. Howard Law, PC would like to offer you a free consultation. Filing a Los Angeles wrongful death claim won't bring your loved one back but it can help you hold the responsible party liable while providing you with some financial relief.

Cal State Long Beach worker killed climbing from stuck elevator, Los Angeles Times, December 7, 2011

Woman dies in Calif. elevator accident, MSNBC, December 7, 2011

More Blog Posts:
Los Angeles Wrongful Death Claim Blames Metro for Man's Fatal Stabbing, California Injury Lawyers Blog, October 13, 2011

Newport Beach and Costa Mesa Authorities Investigate Orange County, California Death of Woman Struck in Her Car by Fallen Eucalyptus Tree, California Injury Lawyers Blog, September 20, 2011

Mentally Ill Homeless Man Beaten by Fullerton Police Died from Asphyxia, Reports Coroner, California Injury Lawyers Blog, September 21, 2011

Continue reading "Cal State Long Beach Employee Dies in Los Angeles, California Elevator Accident" »

About 20 shoppers were pepper sprayed at a Los Angeles Wal-Mart on Thursday night. There were children among those that sustained minor injuries.

The alleged Los Angeles injury incident took place not long after store doors opened for the Black Friday sale. A crowd reportedly gathered as employees started to unwrap a crate of Xbox video game players and that is when the woman is accused of spraying the other shoppers.

While some people have speculated that she used pepper spray in order to disable them so that she could get the items she wanted, the LAPD has said there is a possibility that the woman acted in self-defense. They were, however, careful to note that even if this were the case this doesn't mean that her actions were "right."

Surveillance video and footage posted on YouTube are being examined, and more than a dozen witnesses have been interviewed about the events at the Wal-Mart that evening. LAPD Det. Mike Fesperman says there appears to have been a "mob mentality," and on the audio of some of the video that was recorded people can be heard complaining about being "trampled" and "crushed."

It is not known at this time whether criminal charges will be filed against the woman. A lot of this will depend on whether her intentions were to cause injury or if she acted to protect herself.

Black Friday has become a chaotic event for many stores, with hundreds of people lining up in advance as early as Thanksgiving Day in order to avail of the huge discounts offered. Some stores are even beginning their Black Friday events as early as Thursday night.

The owners of stores know that injuries can result with so many people charging into their buildings in an attempt to get at products on sale before they run out. It is these owners' responsibility to make sure there is a system in place to minimize the chance of Los Angeles personal injury or wrongful death during such events. This includes making sure displays are arranged in a safe manner so that falling merchandise doesn't end up striking shoppers, as well as providing adequate security to deter people from getting violent or committing robberies or other crimes.

In other Black Friday news involving Wal-Mart, a shopper was shot outside a Wal-Mart in San Leandro, California after he and his relatives tried to fend off two armed robbers. The victim is expected to recover from his injuries. Other injury incident reportedly occurred at several other Wal-Marts in other states. (It was just three years ago that a temporary Wal-Mart worker died in New York after shoppers trampled him.)

Stores can be held liable for Los Angeles premises liability if there are hazardous conditions on the property that could/should have been remedied.

Black Friday arrests, injuries irk shoppers at Walmart, USA Today, November 25, 2011

Wal-Mart pepper-spraying might have been self-defense, LAPD says, Los Angeles Times, November 28, 2011

More Blog Posts:
Los Angeles Wrongful Death Claim Blames Metro for Man's Fatal Stabbing, California Injury Lawyers Blog, October 13, 2011

Newport Beach and Costa Mesa Authorities Investigate Orange County, California Death of Woman Struck in Her Car by Fallen Eucalyptus Tree, California Injury Lawyers Blog, September 20, 2011

Los Angeles Wrongful Death Lawsuit: Teen's Parents Sue Over Fatal Ecstasy Overdose at '10 Electric Daisy Carnival, California Injury Lawyers Blog, September 12, 2011

Gerald and Darlene Goens have filed separate Orange County, California personal injury claims against the city of Huntington Beach. Darlene was riding her bike last July when she fell off after her tire got stuck in a pavement crevice on a beachfront boardwalk.

She fractured her leg and was forced to undergo surgery. In her Huntington Beach bicycle accident claim, Darlene is alleging Orange County, California premises liability. She says that the area in front of the Beach Hut concession where she was cycling was paved with cement sections that had been joined together but that whatever was supposed to keep the different parts together had deteriorated. She is seeking Huntington Beach injury compensation for medical expenses, loss of earnings, pain and suffering, and loss of earning capacity.

Darlene's husband Gerald is also seeking Orange County, California injury damages for the emotional trauma he suffered from the accident. He also wants compensation for loss of consortium.

Loss of Consortium
The spouse of a person who got hurt because of another party's negligence may be able to obtain damages for loss of consortium. The husband or wife doesn't need to have been involved in the Orange County, California personal injury accident in order to sue for damages.

Although in theory "loss of consortium" refers to losses resulting from limited sexual activity between two people that are married, this type of claim can also refer to loss of companionship, affection, emotional support, love, comfort, society, love, and services.

When someone gets hurt, he/she may not be able to enjoy/live life in the same way as before the accident, which can have an effect on loved ones. Loss of consortium allows the spouse to seek damages for his/her own Huntington Beach personal injuries sustained as a result of his/her significant other's injuries.

The serious injury/death of one person can take a financial, emotional, and psychological toll on loved ones and there is no reason why you shouldn't be compensated for the harm that you also have suffered. In California, to file this type of civil case against a government entity, such as a city, you must first file an Orange County, Ca. injury claim first before you can go ahead and sue. This first step gives the government a chance to respond before taking the claim into litigation.

City and other local governments are responsible for maintaining public roads and walkways so that they are free from any hazards that could cause serious injury or death. Even when filing a claim against a government entity you should be represented by a Huntington Beach personal injury law firm that knows how fight for the maximum recovery possible.

Claims: H.B. responsible for bicyclist's boardwalk spill, OC Register, November 18, 2011

More Blog Posts:
Woman Files Laguna Beach Bicycle Accident Lawsuit Against the City, California Injury Lawyers Blog, September 7, 2011

Newport Beach Bicycle Accident Lawsuit Seeks Damages from City Over Man's Orange County, California Wrongful Death, California Injury Lawyers Blog, June 23, 2011

Woman Charged in Fatal Newport Beach Bicycle Accident Was Drunk and Texting, Say Authorities, California Injury Lawyers Blog, April 16, 2011

A child custody dispute may have been the cause of a deadly shooting at a Seal Beach salon that claimed the lives of eight people and left a 73-year-old woman in critical condition. Now, the Orange County District Attorney's Office says it plans to pursue the death penalty in its criminal case against the suspect, Scott Evan Dekraai.

The deadly shooting occurred on Wednesday at the Salon Meritage, which is located on Pacific Coast Highway. Dekraai's ex-wife, Michelle Marie Fournier, was a hair stylist there. The two reportedly had gotten into a fight over the phone that morning. They also had just attended a hearing in family court the day before that didn't end in Dekraai's favor. Their son is 8.

Dekraai was wearing a bulletproof vest and used at least two of the three guns he had with him during his shooting rampage. Killed in the attack were Fournier, 48, Randy Lee Fannin, 61 and the owner of the salon, Lucia Bernice Kondas, 65, Victoria Ann Buzzo, 54, Christy Lynn Wilson, 27, Laura Lee Webb Elody, 46, David Caouette, 64, and Michele Fast, 47. Caouette was in his motor vehicle when he was shot. Surviving the attack but in critical condition is Hattie Stretz, 73, who is the mother of one of the victims that died.

Dekraai surrendered to police soon after the deadly incident. He has been charged with one felony count of attempted murder, eight counts of murder, and use of a weapon. The "special circumstances" of committing multiple murder charge will make it possible for the DA to push for the death penalty.

The Seal Beach salon shooting is concerned the worst mass killing to ever occur in Orange County, California.

Violent Crimes Can Result in Civil Suits
If you or someone you love was injured in a violent crime, you may have reason for pursuing a Seal Beach personal injury claim against the assailant and other parties. For example, if the crime occurred because another party that didn't commit the crime but could/should have prevented it from happening failed to act accordingly, the victim or surviving family members also may be able to hold him/her/the entity negligent.

This incident brings to mind a similar tragedy that occurred in North Carolina nursing home in 2009. The shooter had come to the assisted living facility to go after his estranged wife, who worked there. Eight people were killed. Some of the victims' surviving loved ones are pursuing wrongful death damages from the nursing home.

Wrongful death cases were recently filed in Florida against a couple whose son shot relatives and friends during Thanksgiving in 2009. Plaintiffs claim the couple knew their son was a danger to others yet invited him to the gathering.

As a community mourns, authorities file special-circumstance murder charges against suspect in Seal Beach mass killing, Orange County's worst, OC Register, October 14, 2011

Seal Beach shooting: Murder charges expected against suspect, Los Angeles Times, October 14, 2011

Related Web Resources:
Read tributes to Salon Meritage, Yelp

Death Penalty Information Center

More Blog Posts:
Los Angeles Wrongful Death Claim Blames Metro for Man's Fatal Stabbing, California Injury Lawyers Blog, October 13, 2011

Laguna Beach Personal Injury: Victim Sues Local Massage Clinic Over Alleged Attempted Rape, California Injury Lawyers Blog, June 21, 2011

Los Angeles Personal Injury Lawsuit Filed by Family of San Francisco Giants Fan Who Sustained Traumatic Brain Injury During Beating at Dodger Stadium, California Injury Lawyers Blog, May 24, 2011

Continue reading "Eight Dead in Seal Beach Salon Shooting " »

The mother of a man who died in August after he was stabbed while riding the Red Line has filed a Los Angeles wrongful death claim against the Metropolitan Transit Authority. Janie Garay, the mother of Jesse Garay, is alleging inadequate security, passenger car overload, and failure by Metro employees to follow appropriate procedures after the incident.

Jesse, 59, was stabbed on the evening of August 19. Witnesses say that a fight broke out in the crowded train after one passenger started wielding a chain at another, who pulled out a knife and stabbed him. The suspect then ran out of the train when it stopped at the Hollywood/Vine station. Garay died at the scene. A 33-year-old transient has been arrested in connection with the stabbing.

In her Los Angeles inadequate security claim, Janie Garay says that Metro did not properly monitor security cameras, had too many people riding in one train car, and did not employ proper emergency procedures after her son was stabbed. She is seeking damages for pain and suffering, loss of companionship, and funeral and burial expenses.

Inadequate Security
Property owners are responsible for making sure that their premises have sufficient security so that such incidents do not occur. This responsibility becomes especially obvious when crimes have been known to occur there or in the area in the past. When failure to provide this duty of care allows injury or death to occur, the premise owner can be held liable for Los Angeles personal injury or wrongful death.

Physical assault, stabbings, shootings, sexual assault, rape, and murder can happen because a property owner did not have the appropriate security measures in place. Depending on what type of premise it is, lack of an alarm system, surveillance cameras, sufficient lighting, security personnel, secured entrances and exits, and other measures can create an environment ripe for crimes to happen.

Public venues must also make sure that conditions aren't created on the grounds that can create an atmosphere where violent or property crimes are more likely to happen. For example, failure to implement crowd control can make it easy for robberies and stabbings to occur. It can also create an unsafe environment during an emergency situation or if a fight were to break out. If you believe that inadequate security caused your injuries or the death of a love done, you may have grounds for a Los Angeles premises liability claim or wrongful death case.

Filing a California injury claim against a city is often a precursor to a civil lawsuit. The injured party has, under California Government Code Section 910, within six months from the incident to file to the claim. The city is given time to respond to the claim and if the case isn't resolved then the claimant can go ahead and file a Los Angeles personal injury lawsuit.

Mother of Red Line Stabbing Victim Files Claim Against MTA, Studio City Patch, September 16, 2011

Mother files wrongful death claim from son's stabbing on Red Line, Los Angeles Times, September 16, 2011

Related Web Resources:
Metro

Inadequate Security, Justia

More Blog Posts:
Los Angeles Wrongful Death Lawsuit: Teen's Parents Sue Over Fatal Ecstasy Overdose at '10 Electric Daisy Carnival, California Injury Lawyers Blog, September 12, 2011

2008 Chatsworth Train Accident: Judge Divvies Up $200M to the 98 Metro Survivors and the Families of the 24 Passengers Who Died, California Injury Lawyers Blog, July 14, 2011

Los Angeles Wrongful Death Trial Underway in Case of Blind Man Who Fell Between Two Metro Blue Line Cars and Was Run Over by Train, California Injury Lawyers Blog, June 27, 2011

The federal government is a defendant in a number of lawsuits alleging California personal injury and wrongful death in the 2010 off-road race in the Mojave Desert at the California 200 event last year. Eight people died and at least 10 others sustained injuries when a modified Ford Ranger truck flew off the course when making a jump and crashed into a crowd of watchers lining the off-road track. More civil complaints are expected. BLM and the other defendants are accused of failing to keep proper control and management of the race.

The accident occurred in an area owned, maintained, and supervised by the Bureau of Land Management. In addition to the BLM, other defendants include Ford pickup truck driver Brett Sloppy, MDR Productions, and Mojave Desert Racing.

The plaintiffs contend that BLM did not follow the recreational permit process for letting the race take place on federal land. They also blame the government agency for failing to make sure that spectators would be safe. BLM policy specifies that areas for watchers need to be delineated with temporary fencing. When Sloppy's truck landed in the crowd of viewers, there was no guardrail to serve as a barricade that could have protected them.

Also, rules of conduct for spectators, warnings that they stay out of the pits, and accident risk information also needs to be posted on large signs when event weekends are taking place. The plaintiffs say that none of this was done on the weekend of the California 200. They believe that because these elements were missing, BLM should have taken away the event permit or canceled the race. (The government agency has admitted that it did not follow its own policies when admitting and monitoring this race). Hundreds of people attended the California 200 race that day.

Also suing BLM, Mojave Desert Racing, and MDR Productions is Sloppy's mom, Lynne Sloppy. She is claiming California personal injury for the distress she experienced when she saw her son's truck go off the racetrack, flip over, and land in the crowd. She contends that watching the entire accident unfold was traumatic, including seeing all the injuries happen and then watching people become aggravated toward her son while he was still stuck in his vehicle. She wants punitive damages for negligence and intentional infliction of emotional distress.

California Personal Injury
As you can see with all different allegations and claims being made over this incident, there may be numerous plaintiffs and a number of defendants in a California injury accident of this magnitude. Different grounds may be cited for negligence depending on the roles defendants allegedly played. Defendants may even become plaintiffs themselves--or, in this case, Sloppy's mom is also choosing to sue for her emotional injuries.

Wrongful-Death Suit in Off-Road Race Crash, Courthouse News, September 19, 2011

8 more lawsuits in fatal off-road race crash, SignonSanDiego, September 14, 2011

Related Web Resources:
Bureau of Land Management

Mojave Desert Racing

More Blog Posts:
California Off-Road Race Kills 8 and Injures 12 in Mojave Desert, California Injury Lawyers Blog, August 17, 2011

Toddler Attending Los Angeles Lakers Game Dies After Falling 50 Feet from Staples Center Luxury Seats, California Injury Lawyers Blog, November 22, 2011

Trucker Charged with Murder in 2009 La Cañada Flintridge Truck Accident Files Los Angeles County Personal Injury Over Angeles Crest's Allegedly Unsafe Road Conditions, California Injury Lawyers Blog, March 31, 2011

Continue reading "Bureau of Land Management Sued Over 2010 Off-Road Race in the Mojave Desert that Killed 8 and Injured a Number of Others " »

Police in Costa Mesa and Newport Beach are trying to figure out why a huge tree fell on Thursday afternoon, causing it to fatally crush Haeyoon Miller, a 29-year-old Tustin woman. At the time, Miller was in her car, which was stopped at a red light. The fatal Orange County, California accident took place on Irvine Avenue at the edge of Costa Mesa's city limits.

The tree was 50 to 70 feet tall with a 3-foot truck. Officials say the tree was pruned less than six months ago and did not exhibit any diseases. It also wasn't very windy on the day that it fell.

Following the accident, the woman was conscious for the first few minutes but by the time firefighters arrived she had lost consciousness. Some witnesses say that the firefighters that started lifting the large tree trunk "dropped" it back onto the vehicle, which did further crush damage to the auto. Firefighters, however, dispute this account.

Authorities report that chainsaws were used to separate the rest of the trunk from the portion that was on the car. Airbags were then used to lift the section ,which weight 9,000 pounds, while two braces were placed on the vehicle to prevent the truck from rolling. As the section was being lifted, the tree "resettled," and it dipped some 4-6 inches back onto the car. However, they maintain that Miller did not sustain additional injuries from the rescue efforts. A crane arrived within the hours to help lift the trunk section.

During the rescue attempt, a paramedic hooked her up to an IV. Unfortunately, Miller died at the Orange County, California car accident scene.

Some are speculating whether the 3.5 earthquake that occurred that morning caused the tree to come loose. If, however, negligence on the part of Newport Beach or Costa Mesa caused the tree to become a hazard that it was at risk of falling down, then Miller's family may have reason for filing an Orange County, California wrongful death complaint against one or both cities. A lot would depend on which city was in charge of maintaining the tree and its surroundings and where the tree was located. Some media outlets are saying that the tree was located in Costa Mesa but that Newport Beach was responsible for maintaining the median where it had been planted. Other sources say that the tree was located on the Newport Beach-Costa Mesa border. Another possible defendant in this type of wrongful death case would be any third party hired to maintain, inspect, or treat the tree prior to last week's fall.

According to Newport Beach officials, all 104 trees located in the median where the one that fell had stood are inspected about every six months. West Coast Arborists is the City's tree maintenance contractor. Newport Beach also has an arborist.

City to Inspect CdM Eucalyptus Trees After Fatality, Coronado del Mar Today, September 18, 2011

Driver dies after tree falls on car, Daily Pilot, September 15, 2011

More Blog Posts:
Los Angeles Wrongful Death Lawsuit: Teen's Parents Sue Over Fatal Ecstasy Overdose at '10 Electric Daisy Carnival, California Injury Lawyers Blog, September 12, 2011

Huntington Beach Premises Liability Claim Seeks $500K from City Over Hemet Boy's Burn Injuries from Fall Accident into Fire Pit, California Injury Lawyers Blog, August 18, 2011

$17M Los Angeles Wrongful Death Verdict Awarded to Mother of Blind Compton Man Who Fell in Opening Between Metro Blue Line Rail Cars in 2009, California Injury Lawyers Blog, August 2, 2011

Continue reading "Newport Beach and Costa Mesa Authorities Investigate Orange County, California Death of Woman Struck in Her Car by Fallen Eucalyptus Tree" »

The parents of 15-year-old Sasha Rodriguez are suing the Los Angeles Memorial Coliseum Commission, the event company Insomniac, Coliseum events manager Todd DeStefano, and two of his companies for her LA County wrongful death. The teenager overdosed on Ecstasy last summer after participating in a rave at the Electric Daisy Carnival.

Rodriguez parents are accusing the defendants of negligent supervision and inadequate staffing at the rave. Not only did their daughter, who was under the age limit of 16 and was not asked to show ID, take an illegal drug while at the venue, but also they contend that the event was understaffed and overcrowded and employees were not properly trained.

These circumstances allegedly led to emergency medical services and security not being able to get to their daughter immediately. The plaintiffs estimate that the delayed response to Rodriguez's emergency situation was about 20 minutes. On June 29, 2010, Rodriguez's parents, who were told that she would never regain brain function, were forced to give their consent to have their daughter be "terminally extubated."

Per the Los Angeles wrongful death complaint of Rodriguez's family, Insomniac President Pasquale Rotella later admitted to the Los Angeles Weekly that the company never planned to enforce the age 16 restriction, which was merely used as a marketing tool to generate sales. The plaintiffs believe that the defendants should have been aware that a rave's environment would "enable... illicit an illegal activity" and that this would endanger the safety and health of attendees. They also claim that DeStefano and Insomniac worked it so that attendance at the rave went beyond reasonable capacity and limited security at the event to lower production costs. They blame the Coliseum for its negligent supervision of DeStefano.

Following 2010 Electric Daisy event, 118 attendees ended up in emergency rooms. Also, Rodriguez's death is not the only one linked to an Insomniac event. At the Monster Massive rave at the Los Angeles Memorial Sports Arena in 2007, 21-year-old Michelle Yuenshan Lee was discovered convulsive and unconscious. It wasn't until over an hour after she was found that she was given emergency medical assistance. She died from a drug overdose.

At the 2009 Electric Daisy Carnival, a number of people with drug-related illnesses were also transported to hospitals. One 18-year-old suffered four strokes, multiple organ failure, and went into a comma for two months.

L.A. Coliseum, Insomniac sued by parents of dead teenager, LA Times, September 8, 2011

Read the Complaint (PDF)

Related Web Resources:
Los Angeles Memorial Coliseum Commission

Electric Daisy Carnival

More Blog Posts:

Continue reading "Los Angeles Wrongful Death Lawsuit: Teen's Parents Sue Over Fatal Ecstasy Overdose at '10 Electric Daisy Carnival " »

The family of Seth Richardson has filed a $500,000 Huntington Beach personal injuries to a minor claim against the city. Seth, 6, sustained serious burn injuries in April 2011 while at Huntington City Beach when he fell into a deteriorating fire pit that had a still smoldering fire in it. He sustained third-and second-degree burns on his chest and right arm, and he had to undergo weeks of treatment at an Orange, California hospital. The boy is reportedly continuing to receive medical care for his burn injuries.

Photos taken right after the Huntington Beach fall accident show that part of the concrete pit where Seth fell had deteriorated to the point that it was at sand level. While city officials say that its fire pits are checked regularly and that the ones in poor condition are replaced, Seth's dad says that the failure to properly maintain the fire pits caused Seth to get hurt. He also noted that there are no signs instructing fire pit users on how to properly extinguish their fires.

No one is tasked with monitoring the fire pits during the daytime, when they are usually use, and there are people on the beach. The city attributes this lack of supervision to staff limitations.

Premises Liability
A civil claim against a California city is usually a precursor to a legal complaint. Cities that own the beach know that there will likely be kids and others who can sustain serious injuries in fire pit accidents. It is the property owner's job to make sure that the fire pits are in proper working condition, safe for use, and do not pose a Huntington Beach premises liability hazard. This includes ensuring that the fire pit is visible, properly maintained, and placed in a location where someone can't accidentally walk/fall into one.

Two other families recently sued the city for Huntington Beach personal injury over accidents that occurred in other beach fire pits. The family of Adam Eslinger, 2, is seeking damages. Adam sustained burn injuries when he climbed into a fire pit in August 2009. In addition to burn injuries to his hands, the boy also suffered "severe emotionally trauma." Autumn Williams, 13, who rescued Adam, also sustained burn injuries. Their civil trial is scheduled for next month.

In another Huntington Beach burn accident, a Temecula family is suing the city and the state of California for the second- and third-degree burn injuries that Chad Kanow, 11, sustained on his foot in September 2009. They claim that the fire pit was "obscured with sand." That jury trial is scheduled for November.

These four children are not the only ones to get hurt in fire pit accidents. According to the UCI Burn Center, it has treated dozens of patients for burn injuries involving fire pits since 2006. If you believe your injuries, which occurred on another person's property, or was a result of the owner's negligence, you should speak with an experienced Huntington Beach personal injury law firm right away.

Woman Tossed by Cop and Boy Who Fell Into Beach Fire Pit File Claims Against Huntington Beach, OC Weekly, August 18, 2011

Boy who fell into H.B. fire pit wants $500,000, OC Register, August 18, 2011

Related Web Resources:
City of Huntington Beach

Beach fire pits and bonfires - California

More Blog Posts:

More Blog Posts:
California Burn Injury Settlement Over Hot Nacho's at Disney's Magic Kingdom is Under Consideration, California Injury Lawyers Blog, July 28, 2011

6-Year-Old Sustains Orange County, California Burn Injuries After Fall Into Beach Fire Pit, California Injury Lawyers Blog, May 20, 2011

Huntington Beach Personal Injury Claim Seeks Over $500,000 for 11-Year-Old's Burn Injuries from Trip and Fall Accident into Fire Pit, California Injury Lawyers Blog, March 17, 2010

Recently, our Anaheim personal injury law firm wrote a blog post about a Los Angeles wrongful death trial underway between the Metropolitan Transportation Authority and the mother of a blind man who was run over by a Metro Blue Line train at the Del Amo station in 2009. Now, the jury has awarded Mary Cuthbertson $17 million.

Cameron Cuthbertson, who is blind, mistakenly walked in between two rail cars thinking that the gap was an open train door. The three-car train departed as he was trying to climb back onto the train platform. The 48-year-old Compton man sustained fatal crush injuries.

In her Los Angeles County wrongful death case, Mary Cuthbertson's lawyers accused Metro of failing to put up protective barriers between cars even though they knew that not doing so placed blind people at risk of falling between the train cars--especially because a lot of them depend on trains to get around. It wasn't until after Cameron's death that the barriers were put up. Mary's Los Angeles personal injury lawyers also accuse Rosie Haynes, the train's operator, of stopping the train over two feet away from where she should have stopped, which is why Cameron tried to enter the train where he did. They contend that she had the train leave earlier than she should have and that if she'd waited Cameron may have been able to get back on the platform.

Meantime, Metro's legal team argued that their client had immunity from such lawsuits because California had approved the train's design when the line was constructed in 1990. In a statement issued after the jury's verdict, Metro said that it wasn't negligent in or responsible for Cameron's death and it may appeal.

The Blue Line was made prior to the Americans with Disabilities Act, which does not allow governments, private employers, labor unions, and employment agencies to discriminate against persons with disabilities. The ADA requires that intercity rail transport be made accessible, useful, and safe for individuals with disabilities. If the train line was set up after the ADA went into effect, the station would have had to have fencing, chains, or some other obstacle between the cars so that blind people wouldn't make the mistake that Cameron did.

That said, it is still the responsibility of property owners to make sure there are no safety hazards on a premise that could place patrons, visitors, customers, guests, or others at risk of serious Los Angeles personal injury or wrongful death. Failure to do so can be grounds for a California premises liability case.

There doesn't have to be a federal act in place for premise owners to be obligated to remedy dangerous situations and prevent accidents from happening or to be held negligent for not doing so. In situations where public transportation is involved, its owners and operators must make sure to eliminate safety risks on the vehicle and at departure and exit locations so as to minimize the chance of injury.

While the $17 million Los Angeles train accident verdict won't make up for Cameron's death, it does at least hold the MTA accountable financially. It also makes a statement so that hopefully this type of avoidable, tragic accident doesn't happen to someone else.

Compton Woman Gets $17M Judgment Against MTA For Wrongful Death Of Blind Son, CBS Los Angeles, July 29, 2011

Blind man's death on Blue Line train brings $17-million verdict, Los Angeles Times, July 30, 2011

Related Web Resources:
METRO STATEMENT RE: JURY VERDICT Mary Cuthbertson, et al. v. LACMTA, Metro

Americans with Disabilities Act of 1990

Facts About the Americans with Disabilities Act, The U.S. Equal Employment Opportunity Commission

More Blog Posts:
Los Angeles Wrongful Death Trial Underway in Case of Blind Man Who Fell Between Two Metro Blue Line Cars and Was Run Over by Train, California Injury Lawyers Blog, June 27, 2011

2008 Chatsworth Train Accident: Judge Divvies Up $200M to the 98 Metro Survivors and the Families of the 24 Passengers Who Die, California Injury Lawyers Blog, July 14, 2011

Amtrak Train Wreck: First Personal Injury Lawsuit Filed Against Big Rig Truck Driver, California Injury Lawyers Blog, June 28, 2011

The family of a 4-year-old Isaiah Harris is asking the California district court to approve the $50,000 California burn injury settlement that they've reached with Walt Disney Parks and Resorts. Harris sustained burn injuries to his face and lips last year at Disney World when a paper cup of nacho cheese ended up on his face after he grabbed a table to avoid falling from an unsteady chair.

His parents filed a California injury to a minor lawsuit on his behalf accusing the amusement park company of not trying to regulate/monitor the nacho cheese's temperature even though it knew that young kids would be eating it and of failing to provide any warning. They said that as a result of Walt Disney's negligence, Harris suffered second and third-degree burns. He underwent treatment for his injuries for almost a year.

Burn Injuries
Burns can be very painful and--depending on the severity of the injuries--can result in scarring, swelling, blistering, shock, disfigurement, and death. Sustaining a burn injury can also be emotionally traumatic. While minor burns may only require over-the-counter medication, some burns are serious enough to require hospitalization, skin grafts, surgery, and rehab. Some severe burns can take months to recover from. In some cases, permanent disfigurement may be the outcome.

It is the responsibility of premise owners to make sure that there is nothing on their property that could cause serious burns to visitors, patrons, customers, or guests. This includes making sure that foods and liquids are served are not too hot that they can cause burns to the mouth or other parts of the body.

Amusement Park Lawsuits
If you were injured while at a theme park, you may have grounds for filing an Orange County, California amusement park accident lawsuit. The injury doesn't need to have occurred while on an amusement park ride. Like all property owners, amusement park owners are responsible for minimizing any hazards on the grounds that could cause serious injuries to a minor or an adult.

Family sues Disney when hot nachos burn son, Signon San Diego, February 11, 2011

Family of Boy Injured at Disney's Magic Kingdom Accepts Set, Injury Board, July 28, 2011

Related Web Resources:
Walt Disney World

The Burn Resource Center

More Blog Posts:
6-Year-Old Sustains Orange County, California Burn Injuries After Fall Into Beach Fire Pit, California Injury Lawyers Blog, May 20, 2011

Huntington Beach Personal Injury Claim Seeks Over $500,000 for 11-Year-Old's Burn Injuries from Trip and Fall Accident into Fire Pit, California Injury Lawyers, March 17, 2010

Children of Elderly Couple Killed When Bathrobe Caught Fire File California Wrongful Death Lawsuit Alleging Products Liability, California Injury Lawyers, November 5, 2009

Continue reading "California Burn Injury Settlement Over Hot Nacho's at Disney's Magic Kingdom is Under Consideration " »

Sufeir Hsu and her daughter Janet Hsu are suing The Irvine Co., ThyssenKrupp Elevator Corp., and the latter's service division for Orange County, California personal injury. The two women say that they suffered emotional trauma and physical injuries when the office-building elevator that they were in fell 11 stories in 2009.

In their Irvine personal injury complaint, the two women said that the elevator, which was supposed to let them out on the 2nd floor, kept moving upwards until it reached the 11th or 12th floor. That was when the elevator suddenly began falling rapidly. The women say that during the ride down, they fell hard onto the elevator floor and light figures and ceiling glass started falling on them.

Firefighters responded to their 911 call. However, the plaintiffs say that it took the rescuers awhile to be able to open the doors and extricate them.

The plaintiffs are seeking medical and therapy costs, in addition to compensation for their different injuries. Both women say that they went to see a doctor for the pain they experienced. They also continue to seek medical and physical therapy, as well as massages. Sufeir ended up missing time from work.

Elevator Accidents
An elevator that malfunctions while in operation can prove very dangerous for the people inside. Thousands have sustained injuries because an elevator went into freefall, was not lined up with the floor where it stopped, or got stuck for far too long in between floors. Property owners, elevator owners, elevator manufacturers, and maintenance companies are among those who could be held liable for your Orange County, California elevator accident injury. Irvine products liability, premises liability, personal injury, and wrongful death are among the reasons for this type of civil case.

Elevator riders: 'We thought we were going to die', MSNBC, July 18, 2011

Women sue for 11-story elevator plunge, IstockAnalyst, July 18, 2011

Related Web Resources:
Elevator Safety, National Elevator Industry, Inc.

Elevator/Escalator Safety Foundation

More Blog Posts:
Irvine Trip and Fall Accident Claim Seeks At Least $1M Over Injuries from Uneven Sidewalk, California Injury Lawyers Blog, July 11, 2011

Los Angeles Wrongful Death Lawsuit Filed In Toddler's Fatal Fall at Staples Center During Lakers Game, California Injury Lawyers Blog, May 29, 2011

Los Angeles Personal Injury Lawsuit Filed by Family of San Francisco Giants Fan Who Sustained Traumatic Brain Injury During Beating at Dodger Stadium, California Injury Lawyers Blog, May 24, 2011

Janet and Charles Saleh have filed an million Orange County, California trip and fall accident claim against the city of Irvine. The compensation is for personal injury, medical expenses, pain and suffering, lost income, disfigurement, emotional distress from watching the Irvine premises liability accident happen. The couple is seeking at least $1 million.

Janet claims that the Irvine trip and fall accident happened last December close to the Shorebird and West Yale Loop intersection. She says that part of the sidewalk is uneven--a 1.5 inch height difference--and that this was a "dangerous and defective condition on public property." Janet notes that it didn't help that this area of ground is in a shadow, with flowers and leaves making it hard for pedestrians to notice the unevenness.

Janet says she sustained bruises, hurt her foot, exacerbated an existing low back condition, and tore cartilage in her knee when she tripped and fell. Her husband Charles claims that he too is the victim of Irvine personal injury because of the emotional trauma he suffered from watching his wife trip and fall. He also is claiming loss of consortium.

Trip and Fall Accidents
An Irvine trip and fall accident can occur when someone trips on an object or a raised part of the ground obstructing his/her ability to walk clear of any obstacles. A person whose foot or toe catches on that obstruction can end up losing balance, falling forward, and striking the ground with force--especially if he/she is walking quickly or running. Injuries can include spinal cord injuries, broken bones, head trauma, traumatic brain injuries, serious scrapes, and back injuries.

Trip and fall accidents can happen on the sidewalk, a driveway, a staircase, in shopping malls, schools, apartment complexes, restaurants, train stations, and in other properties. Property owners can be held liable if their negligence, carelessness, or failure to act to remove the hazard allows a trip and fall accident to happen.

Couple want $1 million for trip and fall, OC Register, July 11, 2011