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.


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


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.


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.


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