San Francisco Injury Lawyer Blog

According to the pressdemocrat.com, the body of a kayaker was recovered from the ocean south of Mendocino last week, one day after he was reported missing. The victim, Donnie Kelly Foster, 56, was from Mountain View. He had set out on his 7-foot blue, whitewater kayak near Mendocino Bay and the Big River area at about 3p.m. on Tuesday. Foster and his wife went to the coast for the Thanksgiving holiday. Forrester had gone out on the ocean on Monday and Tuesday Morning and returned safely, but did not return after he went out Tuesday after noon. He was the second person to die Tuesday in the rough waters off the Sonoma and Mendocino coasts. A 71 year old Sacramento man who was crab fishing with friends north of Bodega Bay drowned after his vessel capsized. Forester’s wife told rescuers that her husband was an adventurous person who enjoyed extreme outdoor activities. According to Coast Guard rescuers, he was not wearing a life jacket, and he was nothing but a thin dry-suit-like jacket and fleece pants.
Here at the Brod Law Firm we often hear stories of water sport enthusiasts who underestimate the often treacherous conditions of the ocean and then become injured because they did not take the proper safety precautions, like wearing a life jacket. Considering the many boating and kayaking fatalities, the unpredictable nature of waters, the instability of kayaks, and the risk of drowning or hypothermia from capsizing or falls overboard, it makes sense to always wear a life jacket. A properly fitted life jacket can prevent most fatalities. The following are safety tips from the U.S. Coast Guard:

• Always wear a life jacket
• Be comfortable in the water, out of your boat
• Obtain the knowledge, skills and ability necessary for kayaking and canoeing
• Always boat with a group. Three boats is a recommended minimum.
• Know how to self-rescue. Practice! Practice! Practice!
• File a float plan, with friends, family, or authorities.
• Bring appropriate safety, rescue, and navigational aids, and more than adequate food, water, and extra protective clothing. Do not wear cotton!
• Pick an activity level that matches your ability, and progress to more demanding challenges.
• Monitor your physical and emotional condition, and watch the other members or your group for fatigue, illness, and changes in behavior.
• Know and follow all local, state and federal laws.
• Be visible—wear bright colors so others can see you between waves or in the fog. Carry a bright light, flares, and whistle to signal your position.
• Take a boating safety class offered by the U.S. Coast Guard Auxiliary.

If you or a family member became injured in a boat accident or if someone in your family died in boat accident, please contact the Brod Law Firm. You will need an experienced trial lawyer to properly handle injury accident case. Or if you have questions regarding personal injury law and want to know if you have a potential claim, contact us today--as we have over 10 years experience helping victims of injury accidents.

The Brod Law Firm is posting a very short blog today and taking the rest of the week off.

Don’t forget to stay safe during theThanksgiving holiday. Specifically, stay alert while driving to and from relatives and friends, be careful in the kitchen, if you’re the one cooking the Thanksgiving dinner, and be aware of your surroundings while shopping on Black Friday.

Happy Thanksgiving!

According to the LA Times, a federal judge has ruled that he will permit Toyota owners of Toyota Motor Corporation vehicles to proceed with a class action lawsuit that alleges the issue with unintended acceleration resulted in a drop in car value. The attorneys for Toyota requested that the U.S. District judge, Judge James Selna, dismiss the case, arguing that attorneys for the plaintiff group were not able to isolate a defect in the vehicles, which means, essentially, that there is no case. In his tentative ruling, however, Judge Selna did not agree and allowed the case to go forward. Toyota has issued the following statement in response to the ruling: “Importantly, today’s hearing did not address the merits of Plaintiffs’ allegations and did not consider any evidence…At this early stage, this analysis by the Court requires a basic assumption that the plaintiffs’ allegations are true, even though they are unproven. The burden is now squarely on plaintiffs’ counsel to prove their allegations an Toyota is confident that no such proof exists.”

Even though Toyota is claiming they are innocent, the National Highway Traffic Safety Administration said it is likely that Toyota vehicles have been involved in about 90 deaths linked to unintended acceleration crashes since 2000. Since last November, Toyota has recalled many millions of vehicles worldwide over floor-mat interference and sticking pedal problems that may lead to incidents of unintended acceleration. Some vehicles are subject to both recalls. Also, they are being sued by Allstate Insurance Co. over the millions of dollars paid in claims that have to do with accidents involving unintended acceleration. What is more, Toyota has just settled a lawsuit with the relatives of California Highway Patrol trooper Mark Saylor and his three family members, all of whom were killed in an accident involving unintended acceleration.

If you need help filing a claim involving defective Toyota vehicles or want to know if you have grounds to file a claim, please contact our office today. Here at the Brod Law Firm, we have over 10 years experience helping victims of car accidents receive the compensation they deserve.

According to streetsblog.com, surveillance video from a Tenderloin market shows a 65-year-old woman, who clearly had the right of way, in the crosswalk on Geary Boulevard and Leavenworth Street Wednesday afternoon when the driver of a UCSF shuttle bus loaded with passengers made a left turn onto Geary and struck and killed her. Suman Dhakal, who works at Star Market on the southeast corner, played the video for streetsblog before turning it over to SFPD investigators. It looks like it’s the driver’s fault from the shop video, because the light was a green and the woman was right in front of the bus. Dhakal said he thought that the driver was not paying attention, but, from looking at the video, it looks like he should have seen the lady.

What is particularly grim about this accident is the driver hit her once and then, perhaps out of fear, panic, and confusion, backed up and hit her again. Elizabeth Stampe, the executive director of Walk SF, said that the intersection of Geary and Leavenworth has been a troublesome spot for years. Dhakal said that he sees minor crashes and near misses on a daily basis. Most intersections like this one, intersections where a pedestrian walks alongside fast-moving, one-way traffic, are very dangerous indeed. Most drivers forget to slow down when they begin to turn, and slow down only when they see a pedestrian a few inches in front of them, which often leaves little time to safely stop. Like that shop owner at Geary and Leavenworth, you’re likely to see near misses at all these types of intersections. What is needed at intersections like this one is better street design, design that makes pedestrians a top priority and drivers aware.

Whether you have been injured or harmed in a pedestrian accident or whether you are the relative of someone injured as the result of a pedestrian accident caused by a negligent driver, you should seek legal assistance as soon as possible. At the Brod Law Firm we can help you get the compensation that you deserve. It is important to hire an attorney right away after an accident, so that your attorney may take statements from witnesses and have enough time to prepare a solid case. If you are unsure if you have grounds for a claim, please call us for a free consultation.

Insurance companies employ bad faith tactics in different ways. There is no doubt about it, though, that no matter the way, insurance denial can wear people down. The following is a common scenario involving disability benefits. First, an insured person files a claim involving an injury. Then the insurance company approves it, which is surprising, especially if someone has a previous condition that became worse over the years. One of the most used tactics is to deny a claim based on a pre-existing condition. However, an injury can become worse due to work, and can be the reason a claim is approved. After that the insured files for short term disability benefits (STD), and after a certain amount of time, say 20 weeks, long term benefits go into effect, automatically.
But things can go wrong while a person is receiving their STD’s-- such as the insurance company deciding to scrutinize the claim within the first few weeks of issuing the STD. Once that happens, it can be nothing but headaches and pain for the person seeking benefits. At that point the insurer may begin to ask for the same information over and over or they may ask that the insured have XRAY’S or MRI’S taken to prove the severity of an injury. Even if doctors and surgeons review the documents and confirm the severity of the injury, anyone else, such as a nurse, on the insurer’s medical staff can disagree with and override the findings, which results in the insured being cut off from benefits. When that happens, the insurance company will usually send the insured an appeals packet. This is when it is time to hire an attorney, as the appeals process can be lengthy (sometimes insurances companies claim they did not receive an appeal and ask to resend it over and over to various departments) and frustrating.

If you are seeking a results-oriented law firm to assist you with an insurance-related concern, contact the Brod Law Firm today. Our firm has over 10 years experience representing policyholders in insurance-related disputes. We have helped many clients in a wide range of insurance-related issues. We stand up to the powerful insurance companies, with their vast resources and arsenal of lawyers. With our knowledge and expertise, we help protect the rights of all policyholders and fight to ensure they are treated fairly and in good faith.

According to the Center for Disease Control (CDC), a strain of E. coli bacteria linked to 33 illnesses in five states has been found in samples of Bravo Farms Gouda cheese, which is sold at Costco stores. The outbreak involves a rare strain of E. coli that the Centers for Disease Control have never seen before. On November 4, federal officials and Costco stores warned customers not to eat a raw milk Gouda cheese made by Bravo Farms, based in Traver, California. E. coli cases have been reported in the following states: 15 in Arizona, 10 in Colorado, 3 each in California and New Mexico, and 2 in Nevada. The CDC said 15 of the patients were hospitalized, one of whom developed hemolytic uremic syndrome, a potentially fatal kidney complication. Patients range in age from 1-18, with October 24 as the latest onset date. No deaths have been reported.

E coli that matched the strain has been found in samples from two opened packages from two different patient homes, and preliminary tests from an unopened package from a Costco store came back positive for E coli, according to the CDC. Additional tests on samples from opened packages from two other patients revealed E. coli, and more tests are underway to confirm the findings. The Bravo Farms Dutch Style Gouda cheese was offered for sale and in cheese sampling events at Costco Wholesale Corporation locations in Arizona, California, Colorado, New Mexico and Nevada. The CDC advises Consumers in possession of this cheese that they should not eat it and that they should either return the cheese to the place of purchase or dispose of the cheese in a closed plastic bag and place it in a sealed trash can to prevent people or animals, including wild animals, from eating it.

What is being done to protect consumers? The FDA, CDC and Costco are working together on the investigation and will update the public with more information as soon as it is available. As more information becomes available, the recommendations to consumers may change. The FDA in conjunction with the state of California has initiated an investigation at Bravo Farms. Costco is advising consumers to return any remaining Bravo Farms Dutch Style Gouda cheese they may have at home to Costco for a full refund. Costco has voluntarily removed the cheese from its stores and, using card purchase records, has notified consumers by phone of the situation.

If you or a loved one became ill after consuming a contaminated product or if you have questions regarding consumer law, please contact our office today. We have over 10 years experience helping consumers who have been injured by dangerous or defective products.

Monday of this week, a Carnival Splendor cruise ship with nearly 4500 passengers, 52 of whom were senior citizens, became stranded off Mexico’s Pacific Coast. A fire in the engine room caused the ship to lose power Monday morning, only one day after it left port in Long Beach for a seven-day Mexican cruise. Because they were without power, passengers were forced to wait in hot, dark rooms, and eat rations delivered to the ship by the U.S. Navy when the ship’s refrigeration system lost power. In addition, passengers had to cope with limited food, long food lines, stinky toilets, no showers, and no lights. The only food available was canned Spam and Pop-Tarts. One passenger, a diabetic, said she did not have sufficient food to take her insulin. When her husband asked a crew member for food for his wife, he was told to give her a Tic-Tac. The National Transportation Safety Board announced Thursday that it had begun an investigation and Carnival has announced that everyone will receive a full refund.

According AOLnews.com, only one passenger suffered an injury, related to a slip and fall, but all the other passengers on the cruise left the ship safe and healthy. However, the situation could have ended- up much worse-- considering the age and physical conditions of the some of the passengers-- and carnival could have faced serious personal injury lawsuits--or even a wrongful death suites. For example, that woman who was unable to take her insulin could have become very ill or fallen into a coma if the ship had not been rescued in time. These kinds of cases can be tricky because they are generallly governed by the terms of the ticket and usually have a shortened statute of limitations or time within which to file a lawsuit.

If you have questions regarding personal injury law or if you have been injured while on a cruise and need an attorney, please contact our office for a free consultation. We have over 10 years experience helping injured parties get the compensation they deserve, and we will fight for your legal rights.

According to unitehere.org, housekeepers at Hyatt hotels in eight cities filed complaints with a federal agency today alleging a variety of injuries suffered as a result of the company’s policies. The workers are almost all female and are represented by the union Unite Here. They filed the complaints with the Occupational Safety and Health Administration, stating they are overworked and not given proper materials to clean hotel rooms. The union’s Housekeepers Rising initiative claims that the repetition of lifting the corners of hundreds of heavy mattresses to make beds and bending on hands and knees to clean bathrooms are among the causes of numerous repetitive injuries among employees. They also claim that many of the injuries are the result of the housekeepers having to clean up to 30 rooms a day, which is apparently almost double the industrial standard. One worker described how she injured her arm while making a bed at the hotel and stated how much it changed the quality of her life —she required surgery due to the severity of it. What is more, she is not the only housekeeper who suffers these injuries, many other housekeepers suffer the same injuries.

The complaints ask OSHA to investigate the cause of the injuries. The workers also want the hotels to lower the current 30 rooms a day that housekeepers have to clean, switch from flat sheets to fitted sheets that are easier to make beds with, and provide long-handled tools that make cleaning easier. The union and hotel management have been in contract negotiations since August 2009. The union’s local chapter has held multiple strikes and protests outside Hyatt hotels in San Francisco and around the Bay Area. Of the Hyatt properties cited in the complaints, eight are located in the following cities: San Antonio, Texas, Chicago, San Francisco, Santa Clara, California, Los Angeles, Long Beach, California, Honolulu, and Indianapolis. A study last year in the American Journal of Industrial Medicine, cited by the union, that showed high rates of injuries to female housekeepers, particularly at Hyatt, was denied by Robert Webb, Hyatt’s Chief human resources officer.

Here at the Brod Law Firm, we believe everyone deserves as safe place to work. If you have a questions about workplace injury law, or if you would like to a free consultation regarding injuries you received on the job, please contact us today. We have over 10 years experience fighting and winning personal injury lawsuits, and can help you receive the compensation you deserve.

Last week, according to SFGate, an Amtrak train struck and killed a man who was walking with a friend on railroad tracks in Albany. The accident interrupted train traffic between San Francisco Bay Area and Sacramento. Investigators interviewed the dead man’s friend to determine what happened. Amtrak said that none of the passengers aboard the train were injured and that they were transferred to another train and taken to the Emeryville station. The Union Pacific spokesman Aaron Hunt said the men trespassed onto the railroad’s tracks.
According to the Federal Railroad Administration Office of Safety Analysis, between January and December of 2009, there were 153 injuries reported on train tracks, 85 of which were fatal and 28 of which occurred between Amtrak and trespassers on the tracks. According to the U.S. Department of Transportation, trespassers now account for the highest number of fatalities in the railroad industry. They state that in many industrialized countries, suicides account for a large number of trespasser fatalities, and the proximity of mental health facilities to rail infrastructure accounts for many “hot spots” in trespasser incidents. They also state that there are many reasons for trespassing on railroad rights-of-way, some of which involve recreation and some that have to do with the romantic notion (planted in our minds by Hollywood) that such acts of trespassing on are some sort of type of cultural right of passage. Trespassing on railroad property is usually a misdemeanor, with penalties ranging from $100 to $1000 or jail, depending on the state. Reviews written by experts recommend, where applicable, increased enforcement and observations by local law enforcement agencies at crossings, especially near schools before and after hours, pedestrian clearance line be placed on either side of the tracks, and “No Trespassing” signs be place on railroad rights-of-way.

If you or a loved one fell victim to train accident, please contact the Brod Law Firm as soon as possible for a free consultation. Our train accident attorney can help you sort through any questions you may have, explain the legal framework surrounding train victims’ rights, and, if you end up filing a claim, help you get the compensation to which you are entitled.

According to the Los Angeles Times, AT&T Mobility vs. Concepcion, a case involving AT&T that goes before the U.S. Supreme Court next week, will have serious ramifications for potentially millions of consumers if AT&T gets their way. If a majority of the nine justices vote on the side of AT&T, any business that issues a contract to consumers-such as for credit cards, cell phones, or cable TV-would be able to prevent them from joining class-action lawsuits. This would take away
a consumer’s leverage when they want to seek compensation from an entity, especially when small amounts of money are involved, as class actions allow plaintiffs to band together in seeking compensation or redress and gives clout to their claims. The ban on class actions could apply to employment agreements and union contracts. Consumer advocates say that without the threat of class-action lawsuits, many businesses would be free to engage in unfair or deceptive practices. A lot of people would be stripped of their right to sue over contracts violations, as not many would be willing to litigate on their own a case involving small amounts.

What is to be decided is whether the Federal Arbitration Act of 1925 preempts state courts from striking down class-action bans. The federal law requires both sides in a dispute to take their grievance to an arbitrator, rather than a court, if both sides have agreed in advance to do so. Initially, AT&T asked the U.S. District Court for the Southern District of California to dismiss the case because its contract forbade class actions. The court ruled that a class-action ban violates state law and is not preempted by the federal law, and the U.S. 9th Circuit Court of Appeals upheld the lower-court ruling. Then AT&T petitioned the Supreme Court to hear the case. As it stands, it looks as if high court is interested in extending the reach of the Federal Arbitration Act.

If the court decides that the federal law trumps state law in this case, there would be virtually no limit to control that companies hold over the consumer. Put another way, all companies and employers could prevent people from joining class action by putting arbitration clauses in contracts. As a result, a number of consumer groups and civil rights organizations, including the Consumer Federation of America and the Lawyers' Committee for Civil Rights Under Law, have filed briefs that support the right to class actions. It comes as no surprise that other telecom companies and those with corporate interests, such as the American Bankers Assn., the Financial Services Roundtable and the U.S. Chamber of Commerce, are backing the AT&T case.

Here at the Brod Law Firm, we handle class action lawsuits against governmental agencies and corporations, and our firm has the experience required to win these kinds of cases. For more information about the potential class action cases that our firm is investigating, or if you think you have a potential class action claim, please contact us today.

Transportation for America writes: America’s transportation system is half a century behind-causing unnecessary pollution, expense, and congestion. We need our leaders to invest in public transportation, high-speed passenger rail, streets safe for biking and walking, maintaining our roads and transit systems, and green innovation. Here at the Brod Law Firm we wonder if the above listed things will come true or if we as a species will ever evolve past the automobile. Nevertheless, we face huge challenges-- considering the fact that the majority of the House does not fully support alternative transportation, clean energy, and protecting the environment (most experts predict a two year gridlock), and the fact that Americans love their cars. The following is just one, though there are many, good argument to pose to anyone against working toward alternative transportation.
According to the U.S. Consumer Expenditure Survey, in 2008 U.S. motorists spent on average approximately $2,700 per vehicle on ownership expenses (purchases, registration, insurance, etc.) and $1,400 on fuel and oil, and about $4,100 in total.That year, governments spent $181 billion to build and maintain roadways, or about $730 annually per registered motor vehicle. Less than half of these roadway expenses are paid by motor vehicle user fees, the rest are borne through general taxes.

Needless to say it looks like it is up to individual citizens to do their part to effect change, such as using their cars less, walking or riding bicycles more and pressuring policy makers to invest in change. If you do choose an alternative form of transportation, don’t forget to stay safe whether you decide on cycling, walking or taking public transportation. Speaking of cycling, we would like to remind cyclists about, what some consider to be, their #1 enemy: the car door. As reported in NYT, cyclists sometimes call it “the door prize,” or simply being “doored.” In addition they report that a compilation of episodes in which drivers opened the doors of their parked vehicles into the path of oncoming cyclist can be found on BicycleSafe.com, which includes details of cases from places as diverse as India, Canada, Chicago, New Orleans and San Francisco. Such collisions can seriously injury, even kill cyclists. Any cyclist who has been “doored” should contact a bicycle injury attorney. Our firm specializes in these kinds of cases and has over 10 years experience fighting for the rights of cyclists.

This past week-end two women were killed and the driver was seriously injured in a single-vehicle crash on U. S. Highway 101 near Blossom Hill Road in San Jose. According to the San Jose Mercury News, the two women were riding in an Infinity sedan early Saturday when the vehicle went across two lanes of the southbound portion of the highway, then slammed into several trees. It was estimated that the driver was traveling 70 mph when he changed lanes and went off the highway. All three victims were determined to be from Fresno.

Here at the Brod Law Firm we wonder if the accident the result of an error of judgment or simply bad driving? Or was there a hazardous road condition? If there was such a condition that caused or contributed to the accident, the city or governmental agency responsible for maintaining that particular roadway could be held liable. California has statute of limitations which may prevent the victim from filing a claim against a governmental agency if too much time has passed. Still, however, many questions remain. Whatever the cause of the accident many be, it would be in the victim’s and the families’ of victims best interest to contact an experienced personal injury lawyer, one who can analyze all the particulars and hire independent experts in accident reconstruction to establish of this tragic accident and ensure they receive the justice and compensation they deserve.

In the matter of a filing a wrongful claim involving a car accident, there are a special factors that an attorney must consider. First, these kinds of accidents are caused by someone else who acted negligently, usually through bad driving. In some claims this will mean the auto maker designed the vehicle poorly. Second, there must be adequate insurance or assets to provide the basis of recoverable legal claim. Sometimes, fatal car accidents that are the result of bad driving are uncompensated because there is no money to compensate a victim’s family, as many cars are under insured with small policies. An experienced attorney will how and where to look for available monies and assets by using investigators and asset searches.
If you or someone you love was in a serious accident and have questions regarding personal injury law, please call our office. We have over 10 years experience fighting for the victims of both serious and fatal car accidents, and we know how to win.

Soon the FDA may seek criminal charges against drug company executives whose firms have illegally promoted drugs for unapproved uses. Prescribing a drug for an unapproved use—an act known as off-label use—is legal, but promoting it—an act known as off-label marketing—is not. Normally the FDA seeks monetary penalties against drug makers that engage in such marketing. Unfortunately these kinds of fines have shown to be ineffective in discouraging drug makers from engaging in off-label marketing. Earlier this month, according to newsinferno.com, Eric Blumberg, FDA litigation chief, told an industry audience that his agency was looking for cases to use what is known as the Park Doctrine as a tool to "change the corporate culture" of firms that have thus far shrugged off other penalties. In other words a corporate officer can now be liable for illegal corporate actions of which he should have now about or was responsible for preventing.

The Park Doctrine was established based on a case involving John Park, president of Acme Markets Inc. in 1970, a time when the company was cited for rodent infestations at a warehouse here. The FDA charged Park personally with violating sanitation laws after other rodent infestations were discovered despite a number of agency warnings. Park argued that as company president he was too far removed from warehouse supervision to be held responsible. The U.S. Supreme Court ultimately agreed with the FDA that Park, as president, was responsible for ensuring rodent-free warehouses. Park got a slap on the wrist--all he had to pay a $250 fine. Prosecutors now hope to enforce stiffer penalties under the doctrine, including up to a year in prison and $100,000 fines.

Legal experts believe, the Park Doctrine can be a very powerful tool, while, at the same time, it presents prosecutors with a number of hurdles. They believe the real challenge is finding a person who was in a position to know about and prevent the conduct that occurred. In addition the other challenge would be assuring that an off-label case would hold up in court, especially if it involved executives many levels higher than the departments that committed the illegal acts, as there are certain cases where the management is so far removed from the activity and will have had no direct knowledge of an issue. So it goes without saying, to hold an executive criminally liable is a significant policy step that needs to be handled with unwavering confidence and diligence. Here at the Brod Law Firm we believe bringing criminal charges against executives is a bold and significant deterrent, despite the complexity and inherent challenges of these kinds of cases.