Visitor Question

Knocked Over by an Electric Wheelchair…

Submitted By: Kenneth (San Diego, CA)

My friend was hit by an electric wheelchair and knocked down inside a casino in California. She broke her hip in the fall. The person who hit her didn’t even stop, just went to her room. She was in her late 90’s.

Just one hour before she ran my friend down the lady had an accident in the coffee shop and ran into the display of coffee mugs. They all fell and broke on the floor. The staff tried to show her how to back up with the wheelchair but she seemed mixed up (incoherent). The casino let her drive the wheelchair inside with hundreds of people walking around.

We have a court date for 2012. Isn’t the casino liable for negligently allowing the lady to continue to drive the wheelchair even though it was clear she wasn’t able to?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Kenneth,

Because you mention an upcoming court date we will presume you already believe the casino is liable.

There isn’t a “Yes” or “No” answer to whether the casino is liable for your injuries. From the facts you present it would appear the casino should be liable for you injuries, especially if they knew the woman was incoherent, or at a minimum, not in control of her faculties.

The casino should probably have interceded at the first indication of the woman’s difficulties, especially after the first incident. The fact that they didn’t should be supportive of your legal claim.

Be sure to get the names and contact information from any witnesses to one or both of the incidents. Having that information will certainly be helpful in convincing the court of the credibility of your claim and injuries.

If you are able to convince any witnesses to testify in your behalf that would be very helpful as well.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 21, 2011

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