California Injury Lawyers Blog

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" »

The family of Gregory Gerbing, a tow-truck driver that died in a Southern California traffic accident on Interstate 215 last year is suing Caltrans and a construction company for his Riverside County wrongful death. Gerbing was kneeling on the side of the road next to his truck on the shoulder of the truck-only lanes when he was hit by a pickup truck that drove off the main lane.

Pickup truck driver Oswaldo Lopez reportedly thought he'd missed the exit to enter I-215 southbound. He was later charged with vehicular manslaughter and driving under the influence.

The Riverside County wrongful death complaint, filed for Gerbing's widow and teenage daughter, contends that barriers or medians could have prevented Lopez from entering the truck lane. The complaint states that Caltrans had already been warned that the placement of the lanes are confusing and could result in a tragic accident. The family's lawsuit is claiming that poor design of the truck lanes where Highway 60 and I-215 split close to Moreno Valley and the lack of barriers between the main I-215 route and Highway 60 split were contributing factors that caused Gerbing's death.

Members of the public had reportedly called for better signs and a median so that motorists could safely navigate the roads.

Although many people think that truck drivers are less likely than other motorists to get injured in a Riverside County motor vehicle crash, truckers do get hurt in California auto accidents. Depending on the circumstances surrounding the traffic accident, the negligent party could be another truck driver, a car driver, a motorcyclist, a pedestrian, a trucking company, the truck manufacturer, the manufacturer of a defective truck part, a government entity, or another entity. There may be even more than one party that can be held liable for personal injury or wrongful death.

The statute of limitations for filing a California wrongful death claim is two years from the date of death. Losing someone you love is one of the worst losses that you can experience. While nothing can bring your loved one back, there are ways to move forward and obtain compensation from all responsible parties. This can also provide you the funds that you need to pay for funeral and burial costs, your deceased loved ones medical expenses related to the death, as well as provide you with the financial support to take care of your family. Truck drivers cannot sue their employer for California personal injury, but they can sue third parties that were responsible for their injury accidents.

Suit filed in death on I-215, PE.com, June 26, 2009

Related Web Resources:
California Department of Transportation

Caltrans must pay $6.3 million for deadly crash, MercuryNews.com, June 24, 2009

Continue reading "Rancho Santa Margarita Plant Explosion Kills Two Workers and Injures Two Others" »