Legal Question in Civil Litigation in California
I was crossing the street in a pedestrian crosswalk (no obstructions from me to roundabout) when a county/city working spraying mosquito abatement using a fogger entered the roundabout, failed to stop, and proceeded to "fog" the area without regard to my presence. Within five minutes of being exposed , I was sneezing, nose was completely stuffed up, and had a shortness of breath. I rinsed my face as soon as I got in the door, however, at that point my eye, and lips started to swell, and my eye swelled shut. When I say this, I do not mean mild (12 rounds of boxing and lost look) . My Left eye swelled closed, my right eye was red, irritated, and swollen half shut, my mouth (lip area) was swollen, and I had shortness of breath.
I called poison control and the next day went to Urgent care. I was seen several times by doctors throughout that week. I contacted the manufacturer as well as the county organization responsible. I report was filed by their office. All told me that my reaction was not "typical" . I had phone calls from both the county department and the manufacture every few days for the next week asking how I was. As the swelling started to subside, I a headache took its place. I was placed on several medications including migraine meds to attempt to stop the headaches however these did not work. I was given a CT scan which came back clear, and within two weeks all symptoms were subsided and gone.
During this two week duration, I was unable to leave my home as the light was very sensitive on my eyes and head, I was unable to attend job interviews as I am looking for employment, my day to day activities were halted as I was basically ridden to my couch. My husband had to take time off of work so that I could attend appointments, etc. This put a complete halt to my everyday activities and life. Not to mention the fact of the county being negligent.
I have all my information documented and photographs taken.
I am looking for some legal advice or to be helped in pointed to the right direction as far as codes, statues, etc, for California with regards to this type of situation. I have attempted to look but am unclear what exactly this type of case would fall under. I understand the clock is ticking so the importance of doing this is creeping closer. I am right in assuming that I have a case, correct?
2 Answers from Attorneys
Immediately call a personal injury attorney in your town. You need and deserve representation due to the apparent negligence of the city/county truck operator.
At least on initial review it looks like you have a case. The crucial issue is that you only have six months from the incident to file a claim with the public entity responsible. Claims against public entities are not something that should be handled by non-lawyers. Mr. Kohler is right that you need to get an attorney to help you with this.