Legal Question in Personal Injury in California

My neighbor has, to intentionally block my accessibility, installed two speed bumps that are 3� high x 12� wide, 10 feet long and 20 feet apart on my paved 10 x 503 foot driveway easement across his property. The driveway is shared equally for access to both our homes and is a named private road that is listed on all public maps. There are a couple of problems that the speed bumps have caused me. Due to being confined to a wheelchair, I cannot independently go over them, due to the bumps height, or around the speed bumps, due to their location. The other thing is that I am getting jarred and bounced around every time I go over the speed bumps when my wife drives me in my adapted van. My neck has chronic condition and I have had to be treated numerous times by my physical therapist and chiropractor for the additional damage the jarring is causing me. I have also had to increase my pain medication.

So, is this a violation of my civil rights blocking my access and free use of property? Is it also a violation of the "Ralph Civil Rights Act"? And lastly, is this also a personal injury case? I am located in California.

Thanks, Ken


Asked on 9/21/10, 2:09 pm

1 Answer from Attorneys

You do not describe a "hate crime," so no, there is no violation of the Ralph Act, and civil rights are between you and the government, not private parties. It is not a personal injury case either, unless the speed bumps caused you new physical injury AND you could not have known about it and avoided it (not likely). What you have is a simple interference with easement case.

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Answered on 9/28/10, 11:23 pm


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