California Injury Lawyers Blog

Donna Flynn and her husband have filed a claim against city of Huntington Beach for Orange County, California personal injury. According to the Flynns, the city failed to finish the road in front of their home, causing there to be a "disparity" of over an inch high between the curb and gutter and the roadway asphalt that was over an inch high and hard to see. They are seeking $500,000 for injuries she sustained during a Huntington Beach trip and fall accident on the unfinished street outside her home last October.

Donna, who fractured her foot, had to have a screw inserted in it during surgery. The 54-year-old woman contends that her injury is making her walk in a way that is aggravating her right foot's plantar fasciitis. This injury has been particularly challenging for Donna, who is a nurse practitioner and is always on her feet. She and her husband contend that she has accrued medical expenses because of the Orange County, California trip and fall accident. She also wants compensation for lost income. Meantime, David Flynn is seeking damages for "loss of consortium," which he says happened because his wife got hurt.

Trip and Fall
Trip and fall injuries can be very painful and debilitating. Premises owners, including the government, are responsible to make sure that sidewalks, floors, roadways, driveways, yards and other areas where people walk are free of any hazards or defects that could cause someone to trip over an object or on an uneven surface.

Common cause of Orange County, California trip and fall accidents that could lead to a Huntington Beach premises liability case:
• Uneven sidewalks
• Potholes
• Uneven pavements cobblestones
• Debris or objects left on the ground or road
• Uneven stairs
• Electrical cords on the ground
• Poor lighting
• Tree roots

Uneven pavements cause over 50% of trip and fall accidents.

Huntington Beach couple want $500,000 after fall, OC Register, April 21, 2011

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

Slip and Fall, Justia

Plantar fasciitis, Mayo Clinic

More Blog Posts:
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

Huntington Beach Trip and Fall Among the $17,600 in Claims Recently Filed Against the City, California Injury Lawyers Blog, March 16, 2010

Westminster Woman Files Huntington Beach Trip and Fall Claim Against City Over Broken Hip and Fractured Knee, California Injury Lawyers Blog, August 18, 2010

The family of Carrie Delay is suing the Motion Picture & Television Country House and Hospital for Los Angeles nursing negligence and wrongful death. Delay, an 89-year-old Alzheimer's patient, died a week after falling off a landing between the first and second floors on October 17, 2010.

According to the Los Angeles elder abuse and neglect complaint, Delay fractured her spine and sustained skin tears and contusions during the Woodland Hills fall accident. She died a week after the incident. Prior to her death, Delay was a resident of the Motion Picture & Television Country House and Hospital for almost 10 years.

Her family is also claiming inadequate supervision, and California premises liability. The family's Los Angeles wrongful death lawyers contend that Delay was left unsupervised and that no one stopped her from going past a nursing and behind a fire door. The fall accident took place less than 300 feet from where she had been left unattended.

Fall Accidents
Elderly persons that have physical and mentally disabilities are at risk of getting hurt in fall accidents. This is why there must be adequate safety measures in place to prevent fall accidents, slip and fall accidents, and trip and fall accidents. In some cases, an elderly senior may require constant supervision.

According to the Website Learnnottofall.com:
• Approximately 30% of seniors age 65 and older fall annually.
• More than 50% of seniors in the 80 and over age group fall every year.

Fall accidents can lead to spinal cord injuries, head injuries, broken hips, broken bones and other painful injuries that can take awhile to recover from and may result in additional health complications, such as muscle cell breakdown and pressure sores. Assisted living facilities and retirement homes are aware that elderly and frail patients are vulnerable to fall accidents and it is their job to protect them from such incidents. Failure to do so can be grounds for a Los Angeles nursing home neglect case.

Family files lawsuit against MPTF after elderly woman falls, dies, Daily News, March 15, 2011

Family of deceased nursing home patient sues Motion Picture & Television Fund for negligence, Los Angeles Times, March 15, 2011

Related Web Resources:
Motion Picture & Television Country House and Hospital

Learn Not to Fall

More Blog Posts:
Los Angeles Nursing Home Negligence Lawsuit Blames Woodland Hills Facility for Actor Gene Barry's Wrongful Death, California Injury Lawyers Blog, December 3, 2010

California Nursing Home Negligence?: Fatal Fall Accident Involved Improperly Maintained Mechanical Lift, California Injury Lawyers Blog, October 27, 2010

Jury Awards $29.1 Million California Nursing Home Neglect Verdict to Family of Patient who Died from Infected Bedsore, California Injury Lawyers Blog, May 13, 2010

The family of actor Gene Barry is suing Sunrise of Woodland Hills for Los Angeles nursing home negligence, wrongful death, violations of the Welfare and Institutions Code, and willful misconduct. The 90-year-old actor, known for playing the starring role on the television show Bat Masterson, died after a fall accident at the assisted living facility. Barry was suffering from Alzheimer's.

Los Angeles Nursing Home Fall Accidents
Fall accidents are the number one cause of accidental injury and deaths involving seniors in the 65 and over age group. According to SeekWellness.com, the more advanced a senior's age, the greater the chance of a fall-related mortality happening. Over 50% of all fatal falls involve elderly seniors in the 75 and over age group. Elderly seniors in the age 85 and over age group are 40 times more likely to die from a fall accident than seniors under the age of 70.

Serious fall injuries can include lacerations, joint dislocation, head trauma, muscle sprains, hip fractures, and broken bones. Hip fractures are the most serious type of fall injury, with 20 - 30% of patients dying within one year of sustaining the fracture. A fall accident can also result in psychological trauma, including a fear of falling. This can lead to depression, functional decline, a greater fall risk, lower quality of life, a decreased ability to safely perform tasks, immobility, pressure sores, muscle weakness, contractions, bone loss. The deterioration of health can prove fatal for elderly seniors that have weakened immune systems.

There are steps that nursing homes can take to prevent fall accidents from happening. Failure to provide a patient with the proper preventive measures can be grounds for a Los Angeles nursing home neglect case.

Gene Barry's Children Sue for Wrongful Death, Courthouse News Service, November 30, 2010

TV Star Gene Barry Dead at 90, FoxNews, December 11, 2009

Extent of Falling, SeekWellness

Related Web Resources:
Falls in Nursing Homes, CDC

50 Articles on Preventing Falls in Retirement Homes, RetirementHomes.org

Authorities are investigating the death of Anthony Tang, a 2-year-old Garden Grove boy toddler who fell to his death from the third deck of the luxury seats to the lower seating bowl at the Staples Center on Sunday night. The Los Angeles fall accident took place just minutes after the LA Lakers beat the Golden State Warriors.

The boy's parents were taking photos with their camera when Tang wandered off and went over a glass partition to land some 50 feet down below. Witnesses say the toddler was still moving his legs and arms when he was taken a way on a stretcher. He later was pronounced dead from head injuries at L.A. County-USC Medical Center. Autopsy results are still pending.

Los Angeles Fall Accidents
Falls from elevated heights can results in serious personal injuries. Broken bones, internal injuries, massive head injury, traumatic brain injury, spinal cord injury, and death can result. Premise owner are responsible for making sure that their property is free of any hazards that could cause someone to accidentally fall--whether during a slip and fall accident or from an elevated height, such as through a window on an elevated floor or from a balcony, a rooftop, or a stairwell.

Head Injuries
A head injury can be a very serious injury. Brain swelling, tissue tearing, and bleeding in the brain can occur when the brain moves inside the skull during impact.

Types of Head Injuries:
Concussion: Can cause brief loss of consciousness or temporary vision or balance loss.

Brain Contusion: A bruising of the brain that may include swelling and bleeding.

Skull Fracture: Involves a crack to the skull. In the event that a broken skull piece enters the brain, bleeding and other injury can occur.

Hematoma: Involves bleeding in the brain.

Some head injuries have proven fatal.

Death of boy in fall at Lakers game investigated, Reuters, November 22, 2010

2-year-old Falls to Death at Staples Center After Lakers Game, The Baltimore Sun, November 22, 2010

2-year-old who fell to his death at Lakers game had crawled out of parents' sight, Los Angeles, November 22, 2010

Related Web Resources:
Head Injuries, KidsHealth

Head Injuries: What to Watch for Afterward, FamilyDoctor

Continue reading "Toddler Attending Los Angeles Lakers Game Dies After Falling 50 Feet from Staples Center Luxury Seats " »

Fountain Valley resident Olivia Waldowski has filed a Huntington Beach premises liability claim against the city seeking at least $10,000 for injuries she sustained during a volleyball tournament there. The 26-year-old professional beach volleyball player says she injured her leg so severely during a game that she was unable to play volleyball for the rest of the season.

Waldowski is claiming improper maintenance of the beach volleyball courts located close to the pier where the AVP tournament was held. She says that she suffered severe leg lacerations when she landed on a large piece of wood that was under the sand while diving for a shot. Her injury required stitches. The pro volleyball player contends that the city failed to dredge the courts to make sure there were no foreign objects or debris that could injure the volleyball players.

California Premises Liability
Filing an injury claim against a city is often a precursor to an Orange County, California personal injury lawsuit unless the case is resolved before then. A premises liability claim seeks damages from the possessor or owner of a property where an injury occurred. In addition to inadequate maintenance, other examples of common grounds for a premises liability claim include:

• Slip and fall
• Step and fall
• Trip and fall
• Inadequate security
• Defective conditions
• Falling merchandise
• Dog attacks

A premises liability-related accident can take place on someone's private property, rented property, commercial property, or on public property. It is important that you started exploring your legal options right away.

Injured pro beach volleyball player wants $10,000 from H.B., OC Register, November 4, 2010

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

City of Huntington Beach, California

AVP tournament

The Los Angeles Times is reporting that the state of California has fined Eskaton Care Center Manzanita $100,000 over a 2008 incident involving an improperly maintained mechanical lift that dropped a patient. The incident reportedly caused her to strike her head. As a result, she experienced bleeding in the brain and suffered brain damage and a stroke. She died four days after the fall accident. The $100,000 penalty amount is the highest fine that can be issued under state law.

According to a California Department of Public Health report, nursing assistants were transferring the 60-year-old, who was suffered from diabetes, a heart condition, and a muscle wasting disease, from her wheelchair back to her bed when the lift sling that was holding her broke. The woman struck her head on the nearby door as she fell. She was sent to an emergency room for treatment of her serious injuries.

The facility maintenance directors says that sling that broke hadn't been checked in five years even though it was supposed to be inspected monthly. The nursing home has since submitted a plan of correction to the state.

Nursing Home Falls
According to the Centers for Disease Control and Prevention, about 18,000 nursing home deaths are caused by fall accidents. A fall injury can cause serious health complications--especially if the resident is already sick or frail. However, there are steps that nursing home workers can take to prevent fall accidents from happening. Proper maintenance and use of a mechanical lift, making sure (when required) that more than one resident is assisting in the lifting of a patient, the setting up of handrails along hallways, the installation of bedrails, and the use of alarm devices that activates when a patient attempts to get out of bed or move without help or supervision are just some ways to prevent Orange County, California nursing home falls.

Negligent nursing care that results in fall injuries or other serious injury can be grounds for an Anaheim nursing home neglect lawsuit.

Nursing home fined after patient dies from fall, Los Angeles Times, September 28, 2010

Related Web Resources:
Falls in Nursing Homes, Centers for Disease Control and Prevention

California Department of Public Health

In a recent Anaheim injury accident at Disney's California Adventure, a 20-year-old man received medical care after he fell 25 feet from a platform while in line to ride The Twilight Zone Tower of Terror. According to a Disney spokesperson, the man climbed over a barrier and lost his balance. Following the incident, Disney shut down the ride while paramedics provided the injured parkgoer with medical care.

Amusement Park Accidents
Like other premise owners, amusement park owners must ensure there are no hazards on the property that can cause serious injuries or deaths to visitors. This means making sure that the attractions are safe for parkgoers to ride and that safety precautions have been put in place to prevent slip and fall accidents, fall accidents, violent crimes, and other injury accidents from happening.

Injury accidents that occur on amusement park rides can prove catastrophic. Just recently, a 12-year-old suffered serious injuries on a freefall ride at Extreme World in Wisconsin on July 30. Teagan Marti fell 10 stories to the ground when the harness that was holding her released her.

Ride operator Charles Carnell has said that he "blanked out" and took off the girl's harness before the safety nets could catch her. He is charged with first degree reckless injury. Doctors say that Marti may be paralyzed.

Some other recent amusement park accidents:
• A 45-year-old woman and 36-year-old man experienced back pain after riding the Hollywood Rip Ride Rockit coaster at Universal Studios Florida.

• A 54-year-old man had a heart attack and a 74-year-old man became ill after riding the Expedition Everest in Disney's Animal Kingdom.

• A 68-year-old woman who rode Spaceship Earth at Epcot experienced chest pain.

• A 27-year-old man became ill after getting on the Mission: Space at Epcot Center

• A 65-year-old man experienced chest pain and a 72-year-old woman had a seizure after riding Kilimanjaro Safaris at Disney World's Animal Kingdom.

• A 61-year-old woman broke her arm and a 68-year-old woman broke her hip when exiting the Mad Tea Party in the Magic Kingdom at Disney World.

A woman is also suing Walt Disney Parks and Resorts for the injuries and post-traumatic stress she says that she suffered Disney employee dressed as Donald Duck grabbed one of her breasts and molested her at Epcot Center in 2008. She is seeking damages for negligence, battery, and infliction of emotional distress.

Disney, Universal report amusement park accident, Orlando Sentinel, August 30, 2010

Man falls 25 feet from ride line at Disney park, CNN, August 20, 2010

Park "Repairs" at Crime Scene Where Girl Fell, CBS News, August 20, 2010

Delaware County woman claims Donald Duck groped her, Philly.com, August 12, 2010

Related Web Resources:
RideAccidents.com

AccidentWatch, Theme Park Insider

Continue reading "Anaheim Fall Accident Injures Man Waiting in Line At Disney's California Adventure Park" »

According to the Orange County Register, from August 13 - 17, 2010, seven claims were filed with the city of Huntington Beach seeking at least $17,600 in damages. One of the Huntington Beach personal injury claims was submitted by a Brea woman who contends that she suffered neck, leg, and back injuries when she fell into a utility hole. The woman says that the 6-inch plastic cover that is supposed to conceal the hole had worn away. She is seeking at least $10,000 for her Orange County, California fall accident injuries.

Another woman, 57-year-old Debbie Reinbold, is seeking $5,944 for her Huntington Beach trip and fall accident. She says that she had to get stitches for a head laceration injury.

The OC Register is also reporting that between March 31 and June 30, 2010 the city of Huntington Beach paid over $343,000 to settle six cases, including:

• One woman, Paul Lemons, received a $120,000 settlement after she was struck while on the beach by an ATV operated by a city worker.

• Howard Linn, who claimed he was injured when his vehicle was struck by a police car in 2007, agreed to a $159,000 Huntington Beach injury settlement.

• Harold Hill received $30,000 for his wife Cora Hill's slip and fall accident that occurred because of a puddle in an area where the lighting was poor. Cora, who sustained a femur fracture, died months later and her husband claims that the Huntington Beach premises liability accident contributed to her fatal stroke.

Injuries on another party's property can be grounds for an Orange County, California personal injury lawsuit. Before filing your lawsuit against Huntington Beach, you must first file a claim with the city to allow it to turn down your claim or pay it.

7 claims seek $17,600 from Huntington Beach, OC Register, August 26, 2010

Huntington Beach shells out $343,000 in settlements, OC Register, August 16, 2010

Related Web Resources:
Slip and Fall, Nolo

Investigating Slips and Falls: The Complex Dynamics Behind Simple Accidents, LawGuru/Safety-Engineer.com

Carol Puszert, a Westminster resident, has filed a $20,000 Orange County, California trip and fall claim against the city of Huntington Beach. The 59-year-old woman claims that she was injured on April 26 when she tripped on a parking block and fell after leaving a yoga class at the Murdy Recreation Center.

Puszert contends that the parking block was hard to spot because it is the same color as the asphalt. She had to undergo hip replacement surgery and seek medical care for her knee. She was also hospitalized for a week and had to miss work for 10 weeks so she could recover. Puszert wants Huntington Beach personal injury compensation for pain and suffering and lost wages.

Trip and Fall Accidents
Orange County, California trip and fall cases usually involve the victim falling after tripping, either on an object that is abruptly raised from the ground or on the ground itself after falling into some type of pothole. For example, in another Huntington Beach trip and fall case, a woman who was rollerblading tripped and fell when one of her skates got caught in a pothole. The city settled with her for $10,000.

Trip and fall accidents can be extremely painful and can cause serious injuries that can take awhile to recover from. A landlord or property manager of the grounds where a trip and fall accident occurred can be sued for Orange County, California premises liability over Huntington Beach slip and fall and trip and fall injuries if negligence on his/her part allowed the injury accident to happen. Depending on the specifics of the accident, there also may be other parties that are liable for the plaintiff's personal injuries.

Woman trips after yoga class, wants $20,000, OC Register, August 9, 2010

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

Garden Grove Woman Files Huntington Beach Trip and Fall Claim Asking for $100,000, a Maid, and a Motorized Scooter, californiainjurylawyersblog.com, June 29, 2010

Premises Liability, Justia

Bonnie Jennings has filed a Huntington Beach personal injury claim against the city for her Orange County, California trip and fall accident. The Garden Grove woman claims that she got hurt when she tripped on a raised portion of sidewalk close to Goldenview Elementary School.

Jennings says that the Huntington Beach trip and fall accident occurred on December 18 while she was walking with her granddaughter. While Jennings was able to use her arms to break the fall, she says that she immediately began to experience pain in her upper right arm and that the pain has grown since then.

The 59-year-old woman is seeking $100,000 injury compensation, a motorized scooter, and someone to do the "custodial work" at her residence. She also wants her physical therapy and pain medication bills covered.

As a result of her personal injuries, Jennings says that she experiences pain when she walks, sleeps, does the dishes, washes her laundry, picks up items, and gets dressed. She says her inability to carry out her usual tasks has caused her to feel depressed and she is unable to enjoy the same quality of life.

Trip and Fall
Injuries sustained as a result of Orange County, California slip and fall, trip and fall, and step and fall can be extremely painful and debilitating. Medical, pain medication, and physical therapy bills can be very costly, and the injuries may render the victim unable to drive, work, tend to daily tasks around the home, or properly care for his/her young children.

More than half of trip and fall accidents occur on uneven pavements. Trip and fall accidents can also occur when there are tree roots sticking out of the ground, cords or wires on the floor, broken cobblestones, potholes, and other debris or objects that are easy to trip over.

You may have grounds for pursuing a Huntington Beach trip and fall lawsuit against a private property owner, your local government, or another liable party.

Woman wants $100,000, maid after trip and fall, OC Register, June 29, 2010

Related Web Resources:
Slip, Trip, and Fall Prevention Guide, Stanford.edu

City of Huntington Beach, California

This week, an appeals court revived a Los Angeles County slip and fall complaint against Rose Hills Company. Eileen Norwood is suing for injuries she sustained after she was impaled by a pipe while visiting Rose Hills Memorial Park and Mortuary on Mother's Day 2005.

Norwood claims she was injured when, while walking away from a trash can that was sitting on a concrete pad, she slipped on a wet patch and fell on a pipe that was 17 7/8 inches tall. She punctured her liver and lung during the impalement accident. In her Los Angeles County premises liability lawsuit, Norwood accused Rose Hills of negligence.

The cemetery moved for summary judgment, arguing that the wet concrete where the California slip and fall accident happened was not dangerous and that on a clear, bright day a reasonable person would have noticed the wet spot and either exercised extra care when walking on it or chosen around to go around it. Norwood, in her opposing motion, contended that mud, algae, and water from a leaking faucet that is located on a sloping, concrete walking surface, next to an unprotected pipe, and near a trash can that pedestrians frequent is a dangerous condition that the premise owner failed to remedy.

The trial court's tentative ruling in 2008 granted the defendant's motion and then entered an order denying it. Rose Hill proceeded to submit a motion for clarification. The court then granted summary judgment in favor of the defense and the two parties entered into a stipulation judgment.

However, appellate court Judge Richard D. Aldrich says the trial court erred in its decision since clearly there was reasonable time for the property owner to determine the growing algae on mud next to a pipe that lacks protective covering is a dangerous condition that should be remedied.

Immediately after Norwood's slip and fall accident, her husband had taken photos of the accident site and her shoes, which had algae and mud on them.

Los Angeles Slip and Fall Accidents
Slipping on a slippery or wet surface or on an object on the ground can lead to painful, debilitating injuries. This is why a premise owner must make sure that there are no slip hazards on a property.

If you were injured in a slip and fall accident, you should take photos of any evidence, as well as the accident site, and consult with a Los Angeles injury lawyer about your case. Hip injuries, broken bones, spinal cord injuries, traumatic brain injuries, and other serious personal injuries can occur.

Court of Appeal Revives Suit by Woman Impaled by Pipe at Cemetery, Metropolitan News-Enterprise, March 31, 2010

Slip and Fall, Justia

Related Web Resources:
Rose Hills Memorial Park and Mortuary

Slip and Fall, Nolo

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

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