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?
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.
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!
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.
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.
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 J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
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.
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