The Bisnar | Chase attorneys have filed a Simi Valley wrongful death lawsuit against the city of Simi Valley, MDM Construction and FIVE K, the owners, contractors and inspectors of a Del Taco restaurant. The suit is in connection with the death of Winnie Young, an elderly woman who died as a result of an unsafe wheelchair ramp at the restaurant. We have filed this Simi Valley wrongful death lawsuit on behalf of Philip, Serena and Douglas Young, the deceased victim's children.
The California personal injury accident occurred March 12, 2008 when Winnie Young and her son, Douglas, went to the Del Taco in Simi Valley, which had opened a week before. As they left the restaurant, Philip was guiding Winnie, who was in a wheelchair, down the ramp into the parking lot. But the lack of handrails and a sharp drop off to the parking lot, which was not visible from Philip's vantage point, prevented him from properly negotiating the ramp. Winnie fell out of her wheelchair and suffered several personal injuries including a heart attack and a brain injury from falling and hitting her head on the asphalt. She was in a coma for a little over a week and also suffered broken upper teeth and a punctured lip. Winnie never recovered from the personal injury accident and died earlier this year.
There is no question in this case that the absence of handrails along the path to guide disabled users to the safe boundaries of the wheelchair ramp or to help gauge the height difference between the curb and the level of the parking lot violated applicable building codes as well as guidelines mandated by the Federal Americans with Disabilities Act. The restaurant constructed a bar at the ramp after Winnie's personal injury accident, which made it much safer. However, it came too late for the Young family that was already dealing with medical, dental, hospice care and other expenses relating to their mother's California personal injuries. The property owner and the general contractor failed to follow building codes and the city of Simi Valley signed off on the construction permit. The lawsuit seeks a recovery of damages for all medical and funeral expenses and the emotional loss of their mother.
Building codes and guidelines exist for a reason. When these codes are not properly followed and when the agency in charge of monitoring and enforcing fails to do so, such tragedies occur. The property owner is liable because the Semi Valley personal injury accident occurred on their property (premises liability). The general contractor is liable because they did not follow building codes and the city of Simi Valley is liable because they failed to properly inspect the ramp before signing off on the city-issued permit.
I'm sure that the Youngs would rather have their mother by their side rather than file this lawsuit seeking damages. However, this is the only remedy available to our clients to claim compensation for the damages and irreparable loss they have suffered. We believe it's an honor to be representing these clients and help them secure justice and compensation. We also believe that these lawsuits will bring more attention to dangerous conditions on public and private properties that put our lives and well being in jeopardy. These hazards are mostly the result of someone's failure to comply with code or just plain negligence. The responsible parties need to be held accountable.
SLS Consulting
Liz Carp said:
Thank you for helping the Youngs. And for helping to make the world a little bit safer for everyone in a wheelchair. I wish every builder and contractor had to spend a week in a wheelchair before they tried to build anything. Then they might have more compassion to do the *right thing* and not the frugal thing.
Sincerely yours,
Liz Carp
Ohio