(EDITOR’S NOTE: Former Monterey Park Mayor, G. Monty Manibog is regular columnist offering legal tips and perspectives in high profile legal cases and event.)
IN A previous article we advised that motorcyclists were more prone to catastrophic injuries and death than other motorists, reporting on one of our cases (Ken Ahn) whose motorcycle went over a pothole/sinkhole that caused him severe injuries when his body was propelled head first into an oncoming vehicle.
This article now points out and emphasizes the legal liability of local government for their own negligence in causing injuries to people and, in the Ahn case, was made to pay monetary damages amounting to $5.65 million for negligently patching a leaking water main (all of which failed), and not erecting barriers or warning signs around the sinkhole created.
The law of negligence, typically applied to motor vehicle accidents (although applicable to various types of accidents - slip and fall, defective equipment or property, dangerously maintained city streets and public property, etc), holds that everyone must conduct themselves in a manner that is not likely to cause injuries to others. In the case of motorists, they must drive their vehicle following that standard of care so as not to injure others on the highways, For example, speeding, failing to stop or yield to someone else’s right of way, etc, which cause accidents and personal injuries to other, evidence one’s falling below the standard of care the law requires for the safety of other motorists, pedestrians or vehicle passengers on the streets and highways.
Another principle to emphasize is that local governments are not immune to that same standard of care applicable to individuals and must also pay monetary damages to parties injured by the government’s negligence, or any of the governmental entities, as exampled by the Ken Ahn case by which the Manibog and Manibog Law Offices obtained against LA/DWP the sum of $5,650,000 for their negligence as above explained in causing serious injuries to Mr. Ahn. The millions obtained will help to rehabilitate Mr. Ahn for his serious injuries but no amount of money truly compensates for catastrophic injuries and people generally prefer to be spared such injuries.
The lesson of the day, therefore, is to follow that standard of care in your various activities to spare someone bodily injuries and, for yourself, the monetary damages for which you would be liable.
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Manibog & Manibog, LLP is an all service law firm particularly handling catastrophic personal injuries and wrongful death cases from vehicular, motorist, and aircraft accidents, business disputes, wills and probate, medical and legal malpractices and bankruptcy, and immigration.
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