Q: I slipped off a broken uneven step outside the local post office and was immediately paralyzed with pain from a dislocated shoulder. After I slipped, an employee went out and salted the step, looked at me, and said I should get to the hospital. I was taken to the emergency where they took X-rays, and my arm was on a sling for 3 weeks. I have my wife and another person as witnesses to this incident. What are the steps I should take so that I could claim damages.
As a parent, you get to experience the joys of parenthood. Raising a child can present a few challenges, but the rewards far outweigh the effort and sacrifice, especially when you see your child grow up to be healthy and happy. Having a child in your household can bring a lot of fun and laughter to your life as well; their endless questions, easy laugh, bright smile, and their unconditional trust and love makes all the sleepless nights and other sacrifices all worth it. Young children are also.
Owning a real estate property comes with a lot of responsibilities. Aside from having to pay for real estate taxes to the government, a property owner also needs to pay for the upkeep and maintenance of their real estate property to avoid accidents that may lead to a personal injury claims against the owner. Commercial properties like grocery stores and others that customers visit frequently should be more aware of the consequences of a poorly maintained property. It can be very advantageous to you if you own a.
Land owners, business owners, homeowners, and landlords are expected to keep their property free of physical hazards that endanger people who are allowed access because they were invited for business, commercial, or social purposes. This also includes many areas through which the public passes such as public sidewalks. In addition, land owners can be held liable for injury suffered on their property by anyone, including trespassers. Reasonable efforts should be made to correct dangerous conditions or warn others of the danger with a sign. Premises liability examples that can lead.
My mother got hurt on her right arm and right leg in a local hospital caused by a malfunctioning elevator. She went the same hospital for check-up but was still being charged for her visit even though she informed them that such incident occurred within the hospital premises. She could not sleep at night, and is in pain to the point wherein she even got a fever. Do I have a case?
A hospital’s professional duty is “primarily to provide a safe environment within which diagnosis, treatment, and recovery can be carried out. Thus if an unsafe condition of the hospital’s premises causes injury to a patient, as a result of the hospital’s negligence, there is a breach of the hospital’s duty qua hospital.” [Murillo v. Good Samaritan Hosp. of Anaheim (1979) 99 CA3d 50, 56–57, 160 CR 33, 37]. In one case, it was held that an unattended patient injured in fall from x-ray table stated “professional negligence” claim subject to.
I fell at my rental on Dec. 21, 2011 and broke a bone under my eye, had to have surgery .The owner said she wasn’t responsible, although we were all told management wouldn’t change light bulbs, etc – we all had to do our own changing light bulbs, gardening, etc. I went out to change the outside light bulb and was carrying a huge ladder. The ladder legs got caught in the landscaping around the pretty stones at my unit and I fell face first on the cement. I went to bed all day. The next day I got up and my eye was black and blue and I went to Urgent Care – they sent me to a doctor and he said he’d have to do surgery the next day. Can I sue her? I wouldn’t have fallen if I didn’t have to take care of changing the light (and in this case it was dangerous because of the stones, the ladder legs had to be in the stones to change light. Whether or not the owner was liable for me falling at a rental – I shouldn’t have had to change the light bulb.I know I have 2 years to sue. I want to pursue it now.
Landowners and possessors of land owe a nondelegable duty to put and maintain the premises (including its buildings and structures) in reasonably safe condition. They are liable for an independent contractor’s negligence in performing that job “irrespective of whether the contractor’s negligence lies in his incompetence, carelessness, inattention or delay.” [Brown v. George Pepperdine Found. (1943) 23 C2d 256, 259–260, 143 P2d 929, 930]. Mass-producers of residential homes and lessors in the business of renting residential units are exposed to strict liability for defects in an integral part of the.
A personal injury case based on negligence may be filed. Ordinarily, the burden of proving negligence rests on the plaintiff. However, a presumption of negligence on the part of the defendant may exist, called the doctrine of res ipsa loquitor, provided that the following requisites are present: That the accident is of a kind which ordinarily does not occur in the absence of someone’s negligence; that the accident was caused by an agency or instrumentality within the defendant’s (or defendants’) exclusive control; and ; that the accident was not due.
I was injured at a gym under instruction due to their equipment. Should I sue? I was taking an acrobatics class and was told by the instructor to execute a flip. I landed as instructed, but the pad the instructor provided didn’t give enough cushion. I went through the pad, hit the ground, and significantly damaged the muscles in my lower lumbar. I couldn’t afford to go to the doctor at the time. The insurance company didn’t contact me for two months, they don’t seem to listen to me, and the owner has not made communication a priority. Other members of the gym told me after the incident that they had similar experiences with the pad in question. I now have residual pain, and the insurance is still communicating very poorly. I wanted to resolve this amicably, but they aren’t making an effort or even trying to be hospitable. The owner never reached out to me and I’ll only received a few terse e-mails. I do have one where they admit fault however. This injury has damaged me psychologically and financially and I want to know if I have grounds to recoup damages.
A gym owner/operator owes its members a duty to maintain the equipment in safe working ordertriable factual issuewhether user’s fall caused by sticky substance on treadmill was due to gym’s. negligence in not inspecting equipment; Rostai v. Neste Enterprises (2006)138 CA4th 326, 337, 41 CR3d 411, 419, fn. 3]. But there is no duty to monitor a member’s physical response during a fitness training session to prevent inherent risks, such as muscle injury or even a heart attack. [Rostaiv. Neste Enterprises, supra, 138 CA4th at 336–337, 41 CR3d at 418–419]..
A case may be opened provided that negligence on the part of the store is established. Where a negligence action is predicated on defendant’s violation of a statute, ordinance or public entity safety regulation, plaintiffs may be entitled to the benefit of the “negligence per se” doctrine in establishing their prima facie case. This doctrine presumes defendant’s duty and breach (failure to exercise due care); and the only issue left for plaintiff to prove is whether the violation proximately caused the injury or death. [Ev.C.§ 669; Satterlee v. Orange Glenn.