Legal Question in Personal Injury in California
A person is injured while incarcerated in a county jail, due to a fight with another inmate, his foot was severely fractured. He was released upon being placed into the ambulance releasing the county from liability, with full Knowledge he had county medical coverage only. No one in California Including UCSF and UC DAVIS, (according the the referral technician at UIHS in Smith River, CA) will see him due to the seriousness of the injury meanwhile it has been healing for the past three weeks, the need for surgery is way past due. A sports injury orthopedic podiatrist specialist is needed according the UIHS, and the closest one available is in Oregon, meanwhile this young man's insurance will not cover out of county let alone out of State medical. Isn't the county liable for this man's injury sustained while in custody?
1 Answer from Attorneys
I would need to know more about the circumstances before I could say whether the county is liable. That he was in jail when he was injured is not enough to make the county liable, especially since the injury resulted from the actions of another inmate rather than county personnel. But with more information I might see a basis for such a claim.