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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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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

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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 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 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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July 23, 2009

Elderly Woman Awarded $1.3 Million California Nursing Home Neglect Verdict

In California, a jury awarded a nursing home resident almost $1.3 million over injuries she sustained while staying at the Leisure Palms nursing home. Stinson is an Alzheimer's patient who was recovering from hip surgery when she fell at the California nursing home on December 31, 2006. She was 82-years-old when the fall accident happened and it took 10 months for her to recover.

Her California nursing home neglect lawsuit contended that she broke her ribs, punctured a lung, and sustained a head contusion when she fell. Her complaint accused the assisted living facility of failing to properly train staff members and neglecting to provide her with the care that she needed when the nursing home knew she was a fall risk and had a tendency to wander.

Stinson claims she fell three times while staying at the California long-term care facility. Following the fall accident on December 31, 2006, she says staffers did not notify her family or doctor that she got hurt and she wasn't provided any medical care until her husband came to visit the next day and saw that she was unresponsive.

The California nursing home neglect verdict awards Stinson $88,000 for past medical costs, $750,000 in punitive damages, and $500,000 in general damages.

While there is no guarantee that a California nursing home will provide a resident with the proper care, there are steps that you can take to possibly decrease the chances of abuse or neglect. One way to do this is to visit the assisted living facility, talk to staff members, check out the facilities, and watch residents interact with the nurses.

You can also check out the Medicare Nursing Home Compare Web site to find out how a particular California nursing home rates compared to others in the area. That said, the federal ratings Web site is earning mixed reviews from consumer groups and industry members that are questioning how accurate of a picture the 5-star rating system can actually convey of the care provided at each facility, so you may not want to solely rely on this resource to assess the care a loved one might receive at a California assisted living facility.

Despite a loved one's best efforts, nursing home neglect and abuse does happen in California assisted living facilities. Our Orange County, California nursing home abuse law firm knows how important it is to remove your loved one from a dangerous living situation the moment you suspect that he or she is the victim of abuse or neglect.

Elder Neglect Lawsuit Verdict of $1.3M Against California Nursing Home, AboutLawsuits.com, July 10, 2009

Nursing-Home Ratings Earn Mixed Reviews, Washington Post, July 14, 2009



Related Web Resources:

Nursing Home Compare

Finding the right nursing home, step by step, Today/MSNBC, March 19, 2009

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