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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 114751
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I am a tourist from Ottawa, Ontario Canada. I have my own

Customer Question

I am a tourist from Ottawa, Ontario Canada.
I have my own car here and am presently in Los Angeles.
I was booked to continue on to San fransisco but had an accident.
I boarded a day tour minibus. At the first stop, the guide asked us to exit the passenger side of van, which I did, and wait at the back for him.
I slipped in some sand, fell and have a severe strain injury to my left ankle.
Apparently, this is a well known spot where home owners dump sand so that tourists won't stop. I have sturdy walking shoes on.
The tour company was good in that the guide called his manager, the manager came and by that time I was in such pain that an ambulance was called.
I received appropriate care at the hospital and was discharged in a leg brace with a walker.
The tour company has promised to refund my tour and the following one.
I have proper health/accident insurance.
However, I am stuck In a private home waiting for the insurance physicians to make a decision.
My sister is flying from Mesa AZ today to drive my car back to Mesa where I will be until the end of March.
I had to cancel my hotel reservation in SF but there will be a change.
Question: is the tour company responsible for negligence and if so what should I do?
I feel it was inappropriate for him to have stopped in a spot that is known to be unsafe for tourists.
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you can prove that the driver stopped in an area they knew was unsafe because of the ground conditions and did not at least warn you about the unsafe ground conditions, then the driver can be liable to you for negligence. The driver in that case had a duty to the passengers who were unfamiliar with the area to warn them of any known dangers and to put the passengers off the van in the safest possible position. Here you say the driver did not do so and as such it led to your fall and injury.
So, to pursue the company for your injury and your losses on the trip as well as pain and suffering, you would need to get a local personal injury law attorney in CA where this happened and they would have to pursue the company or file suit if the company will not settle. Personal injury attorneys handle these cases on a contingency fee basis meaning they get paid based on what they get for you from the damages.
Customer: replied 1 year ago.
It would be "here say". The guide, when he spoke to his office said "the place where the homeowners dump the sand" which leads me to believe he knew about but did not say anything about being careful. What he did say was not to cross the road alone but wait as a group for him. I do not yet know what the physical damage is to my ankle ( I need to consult another physician) but I am worried and in a lot of,pain.
Customer: replied 1 year ago.
Someone took pictures for me but I don't know if that will prove anything.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
In order to prove your case, you need to show somehow that the driver knew and actually he should have seen it as well. You still need to engage a local personal injury attorney now, but you would not even be ready to sue or make a demand until you know the total extent of your damages.