Legal Question in Personal Injury in California
Tripped over unmarked speed bump
An elderly woman who lives is a mobile home park tripped and fell over a speed bump in the street that had been resurfaced but not marked with the yellow paint like others in the park, which made it impossible to see. There were no signs or caution tape to indicate that the speed bump was there either. She broke both wrists, has to have surgery on her knees and may lose her part-time job due to the accident.
Can she take legal action against the park or the contractor to cover her medical bills and lost wages? She is on Social Security and cannot afford much in attorney�s fees, is there any kind of program that offers assistance to senior citizens in cases like this?
5 Answers from Attorneys
Re: Tripped over unmarked speed bump
There are details about this case which must be relayed to the attorney of your choice . . . historically, "trip/slip and fall" cases can be difficult to prove liability . . . however, under the right circumstances, you may prevail . . . what were the conditions in which the fall occurred . . . was it raining . . . was it nighttime . . . many variables come into play with these kinds of cases and need to be evaluated by counsel . . . please contact one as soon as possible . . . remember, there is a definite time limit within which a formal claim must be filed or the injured party may forever be precluded from a recovery . . . good luck . . .
Patty Lewis . . .
Re: Tripped over unmarked speed bump
She needs to obtain representation immediately. Most attorney's will take this case on a contingency basis. A referral will be made to the finest doctors to assure that she receives the care she needs. Call me directly at (619) 222-3504.
Re: Tripped over unmarked speed bump
she should contact a personal injury attoney. many of them work on a contingency fee basis.
Re: Tripped over unmarked speed bump
The mobile home park may be found negligent for failing to properly mark the speed bump. Most personal injury attorneys handle cases on a contingency fee basis - many without any out of pocket cost to the client. Please feel free to give me a call. (415) 440-6662.
Re: Tripped over unmarked speed bump
Generally, liability may be found if a party 1)created a dangerous condition of property, or 2) failed to warn or protect. It sounds like the speed bump should have been painted to warn others of its presence, but I would need to know more. Cases like these are typically taken on a contingency fee arrangement. Also, many health care providers will treat on a lien basis. Should you need more information, please call. Good luck.
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