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

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. 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.


  2. 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


  3. 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!


  4. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.


  5. 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 provide are for general information only and are NOT INTENDED AS LEGAL ADVICE and therefore must not be relied upon. Legal advice must be based on the interaction between an attorney and client and specific exact facts and the law. I do not retain clients without a signed RETAINER AGREEMENT. The Avvo forum does not allow for the discussion and the interaction necessary to form a complete legal analysis. Therefore the answers given to any specific question would most likely be different if there was attorney-client interaction. The exchange of information through this forum does not establish such an attorney client relationship. An attorney-client relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged nor are they confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and statutory time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in the answers to any question, if you are an interested party you should promptly and personally consult with an qualified attorney for legal advice licensed in the proper jurisdiction. Finally, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.


  6. 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 provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


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


  8. 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.barron@lawbarron.com No attorney client relationship is created by this answer.


  9. 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 informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  10. 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

    * 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 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.

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