Legal Question in Civil Litigation in California

Re: Lifeline failure

This is not an easy case. It needs research and you are going to have to make some new law to recover. However, I think you have a point in that Lifeline should have forseen that the phone could be knocked off the hook, etc. You can contact me and we can discuss more formally bringing a suit.

Re: Lifeline failure

Sorry to hear your loss. Especially for the suffering which she had to endure for so many hours.

Based on what you have written and only after having an opportunity to go over the paperwork and facts more thoroughly, I would say that you might have a case here.

I would approach this from a "strict products liability" angle. Among other things, it can be argued that the "product" failed to meet and/or satisfy its intended purpose.

This sure can be an interesting case in which I am interested. Good luck.

Re: Lifeline failure

Let me begin by saying I'm sorry to hear about your loss. What a terrible story.

Your question isn't entirely clear on one or two points. It sounds like your mother authorized Lifeline to have her phone line tied into their system but that it never happened. If this is the situation, then you seem to have a good case against either Lifeline (if they failed to do their job) or the phone company (if it failed to follow proper instructions), or possibly both.

I have read the responses by Mr. Brainard and Mr. Tashjian, which are the only other replies posted as I write this, and I disagree with both of them. Mr. Brainard evidently misunderstood the question, since you say the company did anticipate the problem of phones being off the hook but that its method of dealing with this problem failed. Mr. Tashjian sees this as a product liability case, but Lifeline is a service and not a product. There may be a good case to be made on this theory, but the first issue I see here is a straightforward breach of contract -- although the harm caused by the breach was anything but typical.

Because this seems to be a contract case, it is critical to know exactly what the contract says. Lifeline may have breached its duties, but the contract may limit your ability to sue the company.

Alternatively, if Lifeline did its job correctly and the phone company erred, this might be either a breach of contract case or a negligence case. I would want to see the phone company's contracts with Lifeline and with your mother. I should also note that telephone companies are, to some extent, still part of a regulated industry -- a fact which may complicate this lawsuit and/or limit your ability to collect damages.

Regardless of the way the case is brought, you will also need to show that the failure to get your mother prompt attention harmed her. At first glance it may sound obvious that this was the case, but that is not entirely clear. It may be that she would have had her stroke even if emergency help had arrived quickly and that her life could not have been saved. These are complex medical issues which will require a medical expert to resolve. You will also need an expert in emergency medical treatment.

Please feel free to contact me directly if you want to discuss this matter further.