City building inspectors were also called to the scene to inspect the damage done to the parking structure.
Los Angeles, CA (PRWEB) April 26, 2011
According to the LA Times and the other available news sources here discuss the known facts of the case. Although there is no lawsuit, or case number, there could be. Here, parking structure death attorney, Michael Ehline, discusses potential legal tort issues arising from SUV plunge from fourth story Sports Club L.A. parking structure on 4-26-11.
According to the news sources in paragraph one, above, one woman was killed after her vehicle plunged from the fourth floor of the Sports Club L.A. parking structure in West Los Angeles.
According to the news sources in paragraph one, above, the woman only identified as a 76 year old woman was driving a white Volkswagen SUV, when the fatal accident occurred on Tuesday morning in the 1100 block of West Nebraska Avenue at approximately 9:30 a.m.
According to the news sources in paragraph one, above, although officials said that the cause of the accident is not known at this time, officials are unsure if it was driver error, or if there was a vehicle malfunction. Personal injury attorney Ehline says: “It appears that the vehicle struck a four foot concrete barrier that moved forward enough for the vehicle to go through. The concrete was still partially attached to the parking structure, hanging over the overhang.”
According to the news sources in paragraph one, above, according to Los Angeles Fire Department officials, the vehicle landed on its roof after plunging four stories, where the woman was found in the driver’s seat. According to the news sources in paragraph one, above, the woman identified as being 76 years old, was pronounced dead at the scene and investigators stated she was alone in the Volkswagen.
According to the news sources in paragraph one, above, the woman’s name has been withheld pending notification of her relatives and the accident remains under investigation, according to the Los Angeles Police Department. According to the news sources in paragraph one, above, city building inspectors were also called to the scene to inspect the damage done to the parking structure.
Los Angeles attorney Michael Ehline believes this is a tragic accident, whether it was driver error or due to a mechanical malfunction, or something else. Ehline says that if it was a mechanical malfunction, he believes the manufacturer could be held responsible for the 76 year old woman’s tragic death. But Ehline says the woman could also be partially at fault depending on how the facts play out. But the available information already brings up the possibility of other causes. Although there is no case number, and no lawsuit has been filed, this story presents issues for discussion to better help the California consumer understand the dynamics of a potential tort lawsuit, under the facts discussed above.
Ehline says, the manufacturer could potentially argue that the concrete barrier at the health club parking structure was insufficient, because the photographs appear to show there were no anchor bolts, or retaining cables, on the sides of the concrete parking structure parking stall barrier. Ehline says the photographs (See the story with photo) show the anchor bolts/re-bar, was only installed at the bottom, anchoring the barrier much like a tailgate on a pick-up truck, but with the gate down and hanging”: says Ehline. “One can clearly see form the picture in the Times piece, that the concrete barrier is hanging over where the SUV was ejected on what appears to be re-bar”
Attorney Ehline says he believes the evidence will show that those who owned, controlled or directed the parking structure, as well as those who manufactured and constructed it, would have legal liability if his theory that anchors or cables to the left and right of the barrier, and not just at the bottom, would have kept the SUV from plunging through the concrete parking stall divider. Ehline said that: “all the defendants would likely try and blame this all on grandma.” Ehline said that everyone accused would say she was old, just pressed the accelerator, instead of the brakes, and “there you go” said Lawyer Ehline.
Ehline also says that the vehicle manufacturer and the building owners would likely cross complain against the eachother, all arguing for a set off against eachother, or a complete release of liability. Attorney Ehline said: “There may be many family members of the decedent who may have claims for wrongful death of the woman. They [the family] would likely sue the known defendants, and seek money damages for loss of love, affection, financial support, etc.”
Obviously, there are many issues that need to be thought through here, said Ehline. A serious wrongful death attorney who is a highly respected personal injury lawyer, should always be sought for legal advice when confronted with these major legal issues, such as determining fault, damages, and duties. Consumers who have information about potential prior similar incidents at the parking structure, are encouraged to contact someone who can get word to the surviving family, said Attorney Ehline. Ehline says that if an employee, or someone who attends the gym has information that the gym knew or should have known about the alleged unsafe barricades, “punitive damages may be available, and at the very least, it shows notice of a dangerous condition, and willful neglect.”
This has been a free public service message from Ehline Law Firm PC, discussing the potential legal issues that could arise out of the parking structure SUV accident today. To learn more contact 633 West 5th Street #2890, Los Angeles, CA 90071. 213.596.9642, or 201 Wilshire Blvd. #2, Santa Monica, CA 90401. Michael Ehline is a former U.S. Marine, and is currently a California lawyer who writes legal articles, news and blogs about issues affecting victimized consumers. Injured victims can count on us for pursuit of justice at Ehline Law Firm PC.