My mother was injured while walking from hospital parking lot to sidewalk.

Asked almost 2 years ago - Antioch, CA

My mother was going to a scheduled appointment at hospital. Parked in handicaped spot and while walking from car to side walk, grab pole holding hadicap sign. The pole colapsed, she fell and hit head. Was admitted to hospital, recieved several stiches to back of head. My mother and father are not sure how to proceed or if they should seek legal action. This accident has lead to, so far, a weeks long hospital stay. What type of action should they take?

Attorney answers (10)

  1. David Lee Fiol

    Contributor Level 17

    23

    Lawyers agree

    Answered . Based on this description it's quite possible the hospital is liable to pay damages to your mother (and father) for maintaining a dangerous condition on its property. It shouldn't surprise them that someone would use that pole for support, so they should have kept it in good shape. Your parents can pursue a claim, but in most cases they do far better by retaining an attorney. We'd be happy to speak to you and to them about investigating this further. Our office is located in San Francisco.

    David Fiol
    www.bfnlaw.com

  2. Frederick Joseph Sette

    Contributor Level 12

    20

    Lawyers agree

    Answered . your mother and father have potential actions for negligence, loss of consortium, and negligent infliction of emotional distress. You have to establish elements to each, specifically you have to establish the hospital was negligent in failing to inspect and/or repair the pole that caused your mom's injuries. I think it's safe to say you'll need an attorney to help them out on this. Attorney's on this site most likely all work on a contingency, which means they don't ask for money up from but rather take a percentage if the case is successful. You can call me for further details, 888-516-6262. Good luck!

  3. Chris Matthew Limberopoulos

    Contributor Level 16

    18

    Lawyers agree

    Answered . This may or may not be a case, but it certainly isn't a malpractice case.
    The hosptial has the duty to maintain the parking lot like any other business entity.
    But, you will need to show negligence.

  4. Deborah Barron

    Contributor Level 12

    13

    Lawyers agree

    Answered . They should consult with a personal injury attorney as soon as possible. Consulations are free of charge. The Hospital should be liable since it would appear that the sign post was not anchored properly at the time of installation or it may have been damaged and never repaired properly. This sounds like a serious injury and your mother should be compensated for her pain and suffering.

    Barron Law Corporation Sacramento & San Francisco. 916-486-1712 or 800-529-5908. Email Deborah at: deborah.... more
  5. Kenneth Lee LaBore

    Pro

    Contributor Level 15

    14

    Lawyers agree

    Answered . This is a common negligence claim that could be against the hospital or some other entity that installed or maintained the sign. There is likely benefits available to pay medical bills with some limit, called MED PAY. There may also be the basis for a personal injury claim. I recommend you consult with a local personal injury attorney. You can find one on AVVO.

    Good luck.

    AVVO DISCLAIMER I am licensed in Minnesota only and my answers on Avvo assume Minnesota law. The answers I... more
  6. David J. McCormick

    Contributor Level 20

    13

    Lawyers agree

    Answered . Hopefully you were able to take pictures of the pole before the hospital did something with it.

    Good luck and talk with a personal injury attorney ASAP.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  7. Timothy Leo Bowden

    Contributor Level 14

    13

    Lawyers agree

    Answered . there very well may be a claim. contact a local attorney who contributes to this site.

  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Luckily, several lawyers have offered to help and have provided their phone numbers.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
  9. Steven Mark Sweat

    Contributor Level 19

    11

    Lawyers agree

    Answered . I agree with my colleagues, this sounds like it could be a negligence claim against the property owner. You should consult with an attorney.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  10. Paul J Molinaro

    Pro

    Contributor Level 18

    8

    Lawyers agree

    Answered . A metal pole which appears to be, and should be, securely held in place and sturdy enough to support a person's leaning on it and placed near a handicapped parking space would be probably used as a railing or object on which to hold oneself. Such a pole, even if simply a sign pole, if it gives way and causes a person to fall may be the subject of a personal injury lawsuit. Thus, if a person parked in a handicapped space, got out of his or her car, grabbed a sign pole near the space and used said pole to steady oneself, and the pole gave way, such an incident may lead to a successful lawsuit. Such a person should contact a personal injury attorney ASAP - many of us offer free consultations, so there really is no reason not to call one of us.

    - Paul

    Paul J. Molinaro, M.D., J.D.
    Attorney at Law, Physician, Broker
    Fransen & Molinaro, LLP
    980 Montecito Drive, Suite 206
    Corona, CA 92879
    (951)520-9684
    www.fransenandmolinaro.com / www.888MDJDLAW.com
    "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."

    * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.

    ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.

    Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito... more
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