Woman Awarded $418,000 for Gate Injury
In Los Angeles, a woman was awarded over $418,000 after her daughter was injured by an iron gate. She sued the property owner and manager for improper maintenance of an iron gate that closed too far and tipped over, striking her daughter in the forehead and causing a laceration. The woman has stated that the gate should have been fixed, whereas the defendant argued that the woman should have taken the precaution necessary to prevent this accident.
Property Owner was Negligent in Not Fixing the Gate
- The plaintiff’s counsel argued that the defendant was negligent in maintaining the gate to a proper standard of care. He stated that the defendant should have taken notice of the condition of the gate, as she had been notified several weeks earlier.
- The property manager argued that she had no knowledge of the defective gate prior to the plaintiff’s accident, and that she had no duty to inspect the gate.
- The property manager also argued that the plaintiff displayed improper guardianship because the accident happened while her daughter was unsupervised when the plaintiff went inside to use the restroom.
The plaintiff’s daughter was taken to the emergency room by ambulance from the scene of the accident. She sustained a three-inch laceration across her forehead and received 13 stitches. She required a neurological consultation as well as an MRI of her head. She now has a vertical scar across her forehead and after consulting a plastic surgeon, she may undergo scar revision surgery in the future.
The Final Verdict
- The court ruled in favor of the plaintiff, allotting her $418,429.77 in total damages.
- $8,430 Personal Injury: Past Medical Cost
- $10,000 Personal Injury: Future Medical Cost
- $250,000 Personal Injury: Past Pain and Suffering
- $150,000 Personal Injury: Future Pain and Suffering
Contact an Experienced Premises Liability Attorney
Because of careless property owners, many people will suffer catastrophic injuries such as brain injuries or spinal cord injuries. The nature of many injuries which occur on dangerous property can be more than painful- they can be permanent.
Do not let your injuries overwhelm your life. If you have been seriously injured as a result of a condition or the use of real property, contact Thomas J. Henry. As your premises liability lawyer, we will secure proper medical care and fight to make sure you receive proper compensation. We are available 24/7, nights and weekends.