Legal Question in Civil Litigation in California

A lady was carelessly pushing her stroller at an amusement park and ran into my husband. As a result, he fell flat on his face on concrete and fractured his skull in 2 places. He was taken by ambulance from the park to the trauma center. Can the park be liable for this mishap? The area was very crowed and strollers were parked in the middle of the pathway causing less room for pedestrians. Please advise.

Asked on 7/20/13, 12:11 pm

2 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green
0 users found helpful
0 attorneys agreed

First , the person pushing the cart would have primary culpability. In order to hold the park liable you have have to figure out what duty of care they really had. They need to ensure the park is safe but wild people in strollers hitting pedestrian without strollers may be a stretch just because they are both pedestrians using the same pathway. My best advice to you it sit down with a personal injury lawyer and discuss all your causes of action. Do not wait. The best thing is that most PI attorneys do it on a contingency basis....

Read more
7/20/13, 2:51 pm
Terry A. Nelson Nelson & Lawless
0 users found helpful
0 attorneys agreed

Advice: he could make a claim against the woman for his damages caused by her actions. The issue with that is whether you would be able to collect anything from her. If she has 'nothing', that is what you would get. He possibly might also have a claim against the park for negligence in allowing a 'dangerous condition' if you can prove that to be the situation. If serious about pursuing this, feel free to contact me, I'll be happy to help.

Read more
7/22/13, 11:30 am

Related Questions & Answers

More General Civil Litigation questions and answers in California

Looking for something else?

Get Free Legal Advice

8661 active attorneys ready to answer your legal qustions today.

General Civil Litigation Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Terry A. NelsonNelson & LawlessHuntington Beach, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now