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Attorney Zane Cagle

Posted on June 4th, 2009,
by Zane Cagle

Wheelchair accident spurs premises liability lawsuit against city

Posted on June 4th, 2009 by Zane Cagle

A California family filed a wrongful death lawsuit last week against the city of Simi Valley over the death of a handicapped woman on a wheelchair access ramp. According to the suit, the ramp violated building safety codes as well as Federal Americans with Disabilities guidelines.

The accident that spurred this suit occurred at a restaurant in March 2008. While being pushed up the wheelchair access by her son, the victim fell with her chair off the side due to a lack of safety rails on the ramp. As a result, she suffered a heart attack and brain injuries that put her in a coma for over a week. She died earlier this year, having never fully recovered from the injuries she sustained from the accident.

The lawsuit alleges that since the wheelchair ramp was not in compliance with the American Disabilities Act accessibility guidelines for building construction or other safety codes, the woman’s son was unable to maneuver around the ramp safely.

Under the premises liability principle, the defendants were both held responsible for the accident. As owners and constructors of the building, it was their job to ensure that the property was safe and hazard-free for all patrons. The city of Simi Valley was also named since it approved the deficient ramp design and allowed the restaurant to open despite the ramp’s safety violations.

Slip and fall accidents or other incidents involving deficient building construction, hazardous property conditions and safety violations, fall under the law of premises liability. If you were injured on someone else’s property due to any of these reasons, you may have a legal claim. By speaking with one of our experienced Personal Injury Attorneys, you can start building a case and get the compensation you deserve. Contact us today.