Trip & Fall Litigation in the Orange County
Trip Hazard Definition by ADA
The ADA - Americans with Disabilities Act defines a 'Trip Hazard' as "any vertical change 1/4 of an inch or more at a joint or crack'.
Published: Jan. 30, 2012 Updated: 1:29 p.m. in the OC Register
Woman wants at least $75,000 after fall in H.B.
By JAIMEE LYNN FLETCHER / THE ORANGE COUNTY
REGISTER
The Huntington Beach woman says in a claim that the city is
responsible for her fall in a neighborhood street. A Huntington
Beach woman wants at least $75,000 to cover medical expenses
and lost wages after she says she tripped and fell on a sidewalk
that was raised. Rosa Herrera, 56, filed a claim against Huntington
Beach on Jan. 23 alleging that the roots of a tree raised the
sidewalk, which caused her to fall on her knees and right arm.
The incident happened on July 25 on the street where Herrera
lives, Flamingo Circle. Herrera says in the claim she fractured
her wrist in the fall and has needed two surgeries. The claim
says Herrera currently faces about $61,000 in medical bills.
She also wants about $14,000 to cover lost wages for the time
she has been out of work because of her injuries. The claim
also says she may be looking for more compensation from the
city, but an exact number was not listed. City officials said
the claim is under review and no action has been taken to the
city. Claims are generally precursors to lawsuits and the city
will determine whether to pay on the claim or deny it. If it
is denied, Herrera would have the option to take her case to
court or drop it.
Published: July 11, 2011 Updated: 8:30 a.m. in the OC Register
Couple want $1 million for trip-and-fall
By JEFF OVERLEY / THE ORANGE COUNTY REGISTER
IRVINE
A couple want more than $1 million from Irvine for a trip-and-fall
accident they say resulted in serious injuries and emotional
trauma. In a legal claim filed last month, Janet Saleh says
she was walking in December near the intersection of Shorebird
and West Yale Loop when she tripped over an uneven section of
sidewalk - 1.5 inches of height difference, she says. Janet
and Charles Saleh's legal claim seeks more than $1 million in
damages for injuries and emotional distress. "That height difference
presented a dangerous and defective condition of public property,"
the claim says, "especially because this portion of the sidewalk
was in a shadow and there were flowers and leaves obfuscating
the existence of the height difference from the view of pedestrians
using the sidewalk." The Salehs could not be reached for comment,
and city officials declined to comment. Saleh says she suffered
torn knee cartilage, bruises, foot pain and "exacerbation of
existing low back injury/condition." She's seeking $50,000 for
medical bills, $750,000 for pain, suffering and disfigurement,
and an unspecified amount for lost earnings. Husband Charles
Saleh wants $250,000, saying in the claim that he "observed
the injury and suffered emotional distress because of the observation."
"He also suffered the loss of his wife's consortium," the claim
says.
Published: May 27, 2010 Updated: 12:00 p.m. in the OC Register
Woman wants more than $25,000 after sidewalk fall.
By JAIMEE LYNN FLETCHER / THE ORANGE COUNTY
REGISTER
HUNTINGTON BEACH- A woman has filed a lawsuit asking for more
than $25,000 saying the city is responsible for her broken shoulder.
Diane Jarrett said she was walking near 325 17th St. when she
"was caused to violently trip and fall on a raised and uneven
portion of the public sidewalk", the lawsuit says. Jarrett,
who filed the lawsuit April 22, said she suffered multiple injuries,
including a fractured shoulder from the fall, the lawsuit says.
City officials said they cannot comment on pending litigation.
Jarrett's attorney was not immediately available for comment.
Jarrett contends the city was negligent for not maintaining
the sidewalk and owned a public property "on which a dangerous
condition existed". The lawsuit says the city had sufficient
time prior to Jarrett's accident to fix the faulty sidewalk.
She is suing for loss of wages, medical expenses and property
damages, among other alleged damages.