San Francisco Injury Lawyer Blog

According to the American Bar, employers must comply with federal and state wage and hour law, period. What is more, they should know that they will not be able to avoid being held liable by pretending not to know—and they could incur more liability for “willful” violations if they do. So, if an employer violates wage and hour law through its work place rules, it can generally be proven by facts, regardless of any change to company policy. Employees and former employees may seek wage and hour relief through various vehicles which provide group relief. The most common is through a class action relief or equivalent class relief under local jurisdiction laws and rules.

Another type of relief, collective action relief, may be sought under the Fair Labor Standards Act (FLSA). Generally speaking, the courts follow two phases when they consider collective actions under the FLSA. In the first phase they examine the pleadings and submission of the proposed collective action and decide whether the proposed class members are similarly situated. If that is the case, then they may conditionally certify the class. Then, putative class member are given notice and the opportunity to “opt in.” Through the discovery process the action proceeds as a representative action. The second phase of an FLSA collective action inquiry takes place after discovery is mostly complete, and this next phase is usually based on a motion for “decertification” by the defendant. At that time an extensive analysis is conducted to determine whether the employees are sufficiently similarly situated to continue to proceed as a class. If the claimants are not similarly situated, then the class is decertified. Then the opt-in plaintiffs are dismissed without prejudice, and the class representatives proceed to trial on their individual claims.

Lastly, governmental agencies, such as The Department of Labor (DOL) or similar state agencies, have statutory authority to pursue damages and/or injunctive relief directly against an employer. The DOL can also pursue group remedies. For more information about class action law, or if you would like a free consultation regarding a potential class action case, please contact our firm. We have over 10 years experience fighting for injured parties in personal injury cases, and we can help you evaluate whether you have a claim as individual or as part of a class. Contact us for a free consultation today.

A man washing windows at a Huntington Beach medical office building was electrocuted this morning when he accidentally touched over power lines with a metal pole, according to the LATimes. The man was using a brush on a long extension pole with a water hose attachment to clean the windows of a three-story building on the 17700 block of Beach Boulevard about 6:30am. He was trying to work around a tree when the pole came in contact with the power line. He was immediately electrocuted and died on the spot. Fire fighters found the man’s body on the sidewalk—his clothes were burned.

According to the Bureau of Labor Statistics Census of Fatal Occupation Injuries, electrocution is the fifth leading cause of occupational injury death in the United states, and a particular hazard to those whose work routinely brings them into close proximity to electrical sources. The highest proportions of fatal occupational electrocutions have occurred among those employed in the electrical trades and among utility workers and those employed in the construction and manufacturing industries. Contact with overhead power lines is reportedly by far the most frequent cause of fatal electrocution injury. A significant number of fatal electrocutions occurred during constructing, repairing, cleaning, and inspecting, or painting activities, the majority of which occurred at industrial places and premises.

Electrocution continues to be a significant cause of occupation death. All work sites should have proper warnings of hazards, safety equipment, and supervision, but, sadly, these necessities are often overlooked and workers are put at risk, leaving them vulnerable to serious and tragic accidents. When a work site fails to provide personnel with a hazard-free workplace and fails to meet the safety requirements enforced by OSHA, or any other safety regulatory committee with jurisdiction, serious injuries and deaths may occur. In such cases, the business owners, general contractors, subcontractors, and equipment or material suppliers may be held liable. After these types of accidents occur, the injured party should immediately contact an experienced Bay Area Work Site Accident Attorney. If you or a loved suffered an injury due to an accident at job site, please contact our office today. We have over 10 years experience fighting for the victims of job site accidents, and winning them the compensation they deserve.

Last week, the U.S. Centers for Disease Control and Prevention (CDC) reported that two different companies issued food product recalls after epidemiologic investigations linked Salmonella Panama infections to specific cantaloupe shipments from Del Monte Fresh Produce and E coli O157;H7 infections to Lebanon bologna manufactured by Palmyra Bologna Company. They received reports that 12 patients in four states—Oregon (5 cases), Washington (4 cases), California (2 cases), and Maryland (1 case)--fell ill as a result of Salmonella Panama. According to investigations, all but one of the ill patients ate cantaloupe in the week prior to falling ill and all 10 ate cantaloupe purchased at seven separate Costco locations. The other 14 infections connected to the E. coli outbreak involved patients from five states—Maryland (3 cases), New Jersey (2 cases), North Carolina (1 case), Ohio (2 cases), and Pennsylvania (6 cases)—as of March 22, 20011. The bologna recall was categorized as a Class I, which means it represents a health hazard situation in which there is a reasonable probability that the use of the defective product will cause serious, adverse health consequences or death.

Both Salmonella and E coli cause abdominal cramps and diarrhea—in some cases the symptoms may be so severe that the patient needs to be hospitalized. The elderly, infirm, infants, and those with impaired immune systems are more likely to develope a severe illness from these infections. Anyone who thinks they may have become ill from eating possibly contaminated food should consult their health care provider. If you or a loved one became ill due to eating tainted food, contact our food safety attorney today. We have over 10 experience helping victims of defective or contaminated products win the compensation they deserve.

Last Friday, a driver of a crane truck on 2nd Street and Townsend struck a 72-year-old woman walking in the crosswalk, according to streetsblog.org. The accident occurred at 8:58am in front of San Francisco Fire Department’s headquarters, and even though multiple emergency medical technicians were on the scene immediately after the woman was struck, they were unable to save her life. The truck that struck her belongs to Sheedy Drayage Company, but there is no available information about the driver yet. Lt. Mindy Talmadge, San Francisco Fire Department’s spokesperson, said that the driver of the crane truck is extremely distraught. No one was placed in custody or under arrest at the time of the accident, as the matter remained under investigation. Ultimately, as in any case such as this, it will be up to the district attorney if any charges are filed. Already three seniors have died on San Francisco’s street this year-- unfortunate events that should prompt the city to get going on pedestrian safety improvements.

Truck accident litigation is complex. When a commercial truck is involved in an accident that results in injury or death, a number of issues must be taken into consideration in order to determine the possible liable parties for an accident. For instance, if a distracted or drowsy driving were a factor, both the truck driver and their employer could be held liable for the results of the injury accident. At the same time, however, other issues may have also been factors that may not have been known at the time of the accident. Typically, under these circumstances, a third party investigation is conducted in to find other possible causes for the accident so that the liable parties can be discovered and held accountable for their negligent behavior. Under Federal Motor Carrier Safety Regulations, a trucking company is responsible for just about every act of their truck drivers. To determine who is responsible, it is important to retain the representation of an experienced injury accident attorney. Here at the Brod Law Firm, we have over 10 years experience handling injury accident claims arising from collisions involving different types of vehicles. If you or a loved one suffered an injury due to a collision with a truck, please contact our firm today.

Two recent organic food recalls prove that organic does not mean pathogen free. According to the USDA, First Class Foods, of Hawthorne, California issued a recall of 34,373 pounds of organic beef over potential contamination with E. coli bacteria on December 30th of last year. That beef was distributed in California, New Jersey, New York, North Carolina, Washington State, and Wisconsin, and was sold under the Organic Harvest and Nature’s Harvest label. At that time, according to the FDA, Tiny Greens Organic Farm also recalled alfalfa and spicy sprouts over concerns of potential contamination with the Salmonella pathogen. Those sprouts were distributed in Illinois, Indiana, and Missouri. July of last year, a recall was initiated by Specialty Farms regarding a possible Listeria contamination of their sprouts. Organicgirls also issued a recall over concerns of Salmonella contamination last year.

Organics is big business, generating billions in sales every year. However, the agency that oversees the certifying process is underfunded and understaffed, and agents have an incentive to approve companies that are paying them. Before, organic labeling didn’t mean much when it came to processed food in packages (many packaged foods have a few orgainic are not 100% organic), but now fresh organic food is just as suspect. The truth is that we take a risk every time we eat something, organic or not, as pathogens can enter the food chain at time. Consumers should remember that pesticide free does not mean pathogen free. At the same time, we should be able to expect stricter adherence to cleanliness and quality when we pay the higher price for organics. Yet, as the recalls prove, it is folly to expect--and believe-- the people and companies that sell such products are of the same philosophy. Also, funnily enough, we tend believe, on some unconscious level, that the higher price of organics should keep us safe and healthy. But the truth is it does not ensure safety. So, the real issues and concerns are over who inspects, processes, and handles our food, and those standards are coming under pressure from the public as big companies cash in on the growing demand for organic foods. Here at the Brod Law Firm, we encourage consumers to update their understanding the hierarchy of organic labeling and become proactive about their purchases by asking where their products come from and how fresh they are, etc.etc. If you or a loved one suffered an injury due to ingesting a contaminated product, contact our office for a free consultation.

According to the New York of Times, New York State is the operator of 2,000 group homes, which means that the state is responsible to care and protect about 10,000 residents with severe physical and mental disabilities. The Times claims the state is not doing its job and that group home abuse is running rampant. The conditions were documented by the New York Times and are described as appalling, and they are representative of the worst scandal Albany has seen in recent times. For example, a supervisor in an upstate home was discovered sexually abusing disabled female patient. Even though he was arrested and charged with rape, he was never fired. Improper screening for criminal backgrounds, drug abuse or psychological fitness, as we have been saying for a while, is to blame for lack of action by different groups that are supposed to help ensure quality care for the elderly and handicapped, such as the Office for People with Developmental Disabilities and the Commission on Quality of Care and Advocacy for Persons With Disabilities.

Several cases of elder abuse across the country have led to nursing and group home probes, lawsuits, and closures. There is no question that caring for the elderly is extremely stressful. But the problems begin when care workers, many of whom have inadequate training, abuse patients and then blame everyone else for their troubles. In addition to that most homes are understaffed and supervisors do not stay beyond the regular workweek hours. And sometimes employees are warned to keep quiet about episodes in order to avoid governmental investigations, which make it nearly impossible to bring change to the dysfunctional culture of abuse or hold individuals accountable.

If you or loved one suffered abuse at nursing home or other elder care facility, please contact our office for a free consultation. We have over 10 years experience aggressively handling, trying, and winning elder abuse cases.

According to SFWeekly, a speeding driver suffering from a bout of road rage beat a woman and her boyfriend walking through the Excelsior neighborhood earlier this week. Early that morning, the couple was walking across the street at Persia Avenue and Madrid Street when a driver speeding in a green car sped passed them. The woman looked at the driver and yelled out “whoa.” Then the driver made a U-turn, stopped the car, got out, and started beating the woman. The passenger of the car also jumped in on the attack and began punching the woman. The victim’s boyfriend tried to help her, but the men punched him and broke his nose. Both suspects got back into the car and sped off. But the best part of the story is what happened next, an incident of sweet justice that underlines the fact that many criminals are not so smart: one of the men left his driver’s license and DMV papers on the street where the beating occurred. Amazingly, at that moment, the couple still had their wits about them, and they were able to grab the papers and call the police, who were able to broadcast the name of one of the suspects. Both men were quickly found and arrested. The cops described the incident as “the best arrest of the day.”

The inability to handle anger, and/or deflect it, is usually the major factor behind road rage. More often than not, the typical road rager may be violent in other parts of his or her life, and exhibit one or all of the following personality traits—selfish, addicted to power, angry, and vindictive. But sometimes just the tension of a daily commute can turn a normally calm person into a road rager. Whatever the case may be, it is obvious that there is a need for anger management on the roads so that fewer drivers and pedestrians are victimized. Here at the Brod Law Firm, we heard many stories of car accidents that were either the direct or indirect result of road rage. If you or loved one suffered an injury due to a car accident, contact our firm for a free consultation today.

According to the San Jose Mercury News, three former nursing home workers have been charged over allegations that one abused an elderly resident, while the other two did nothing to stop it. Officials with the California Department of Justice says agents on Wednesday arrested 27-year-old Arnold Samson on suspicion of committing elder abuse and battery against a resident at the Idylwood Care Center in Sunnyvale. The other two, 22-year-old Ryan Tan and 50-year-old Ricardo Martinez were also arrested. Authorities say they knew about alleged abuse, but failed to report it, as required by law. Idylwood spokesman Larry Kamer told the reporters that the three no longer worked at the center. All of the charges are misdemeanors.
In January agents from the state Bureau of Medi-Cal fraud and Elder Abuse received an allegation of sexual misconduct from the Department of Public Health’s Licensing and Certification Division. A staff member reported that one of the Idylwood residents was complaining to him about being grabbed in the “private area” over several days by one of the certified nursing assistants. As the employee was in the process of questioning the resident, he said he saw Samson grab the resident’s genitalia and make a crude comment. The employee reported the abuse immediately and Samson was suspended. A news release from the state department stated several members, whom agents interviewed, said Samson had grabbed and pulled on the testicles of the same resident and made crude comments on other occasions as well as threatened to touch resident’s private parts in an attempt to torment him. In an interview with agents, Tan allegedly admitted that he had seen Samson threaten the resident several times. Tan also allegedly told agents that he watched Samson grab the man’s private parts while the resident was sleeping “in order to get a rise out of him.”
Here at the Brod Law Firm we agree with what Kamala Harris said in a statement regarding the matter: “As a mandated reporter, caregivers are bound by law to report anyone they see commit abuse or are told an abuse has occurred. We want to send a clear message to facility caregivers around the state that if you fail to report abuse, we will come after you." If you or a loved were suffered abuse at a nursing home facility, please contact our firm for a free consultation.

A recent report revealed that low federal standards and inconsistent state regulations have created lapses in the types of employees hired by nursing home facilities. The majority of nursing homes hired staff with criminal convictions, according to the Office of the Inspector General's (OIG) report in which investigators conducted background checks on all nursing home employees who were working on June 1, 2009 at 260 nursing homes across the nation. The report also revealed that 92 percent of the facilities had at least one employee on staff with a criminal conviction, and that five or more individuals with criminal records at just about half of the facilities. Nearly 98 percent of the facilities said they conducted criminal background checks on employees. Only 43 states mandate some sort of criminal background check and only 10, a state and FBI check. Checking in both formats enables nursing homes to see convictions over state lines; when both formats are not used, which occurs in the majority of cases, the inconsistency enables criminals to slip through the check if they have recently moved.
The offenses discovered included:
• crimes against persons, such as assault, battery, murder, rape, and robbery;
• crimes against property such as burglary, larceny, possession of stolen property, shoplifting, theft vandalism and writing bad checks; driving under the influence of drugs or alcohol;
• other driving related crimes such as leaving the scene of an accident or transporting an open container of alcohol in a vehicle;
• drug related crimes such as possession or sale of controlled substances and disorderly conduct, prostitution, resisting arrest or weapons violations.

A national program was created under President Obama’s health care law that standardizes federal and state nursing home background checks, but the program is voluntary. So what we have here, essentially, is a dysfunctional system being used to determine who will be responsible for providing care for our aging population during the most challenging time in their lives and a new law that is merely one small step in the right direction. If you or a loved one suffered injures due to negligence or abuse at a nursing home facility, please contact our firm for a free consultation.

According to newsinferno.com, Lorillard and R.J. Reynolds have sued the FDA and the Department of Health and Human Services over the composition of the FDA’s Tobacco Products Scientific Advisory Committee. The two big cigarette makers allege that conflicts of interest and bias existed on an FDA advisory panel that wants to recommend menthol, or mint flavored, cigarettes be banned. Specifically, they claim the panel have a financial interest in seeing tobacco products fail. Even though the FDA panel recommendations are not legally binding, the FDA does generally follow the advice of its panels, and the panel will likely make its recommendations by March 23rd. The legislation has called on the FDA to seek advice from a panel of outside experts before determining whether menthol cigarettes should also be taken off the US market.

In 2009, legislation passed enabling the FDA to make decisions concerning tobacco products, including cigarettes. The agency banned flavored cigarettes, such as fruit and chocolate, which were specifically marketed towards children. Matthew Myers president of the Campaign for Tobacco-Free Kids says that what the tobacco companies fear is that the committee, after examining all the evidence, will recommend effective actions that reduce or eliminate the lucrative market for menthol cigarettes. This is yet another example of how big tobacco places profits ahead of lives and health. Health advocates denounce the lawsuit as a frivolous attempt to keep the FDA panel’s recommendation from coming to light. Just as an aside, it is interesting that RJ Reynolds openly admits in a public health statement on their website that cigarettes are harmful: Cigarette smoking significantly increases the risk of developing lung cancer, heart disease, chronic bronchitis, emphysema and other serious diseases and adverse health conditions. Needless to say, we wonder how these people sleep at night. If you or a loved suffered injuries due to the use of a dangerous product, contact our firm to find out if you a product liability lawsuit.

According to sfexaminer.com, a handful pipeline accidents across the country--similar in scale to the one in San Bruno last September that killed eight people--has raised safety concerns among federal investigators. The National Transportation Safety Board is investigating the accidents, all of which indicate possible widespread safety problems in the pipeline industry. The chairman of the National Transportation Safety Board sees this problem as an opportunity to re-evaluate how safe the industry is, what needs to be done, and what challenges are for the future. Yet gas industry officials say that the accident in San Bruno is not indicative of safety in the industry as a whole.
Here at the Brod Law Firm, we feel that because there are pipelines that run through communities all over the country, both gas industry and federal officials have an obligation to look into the causes of each of the accidents and make sure the nation’s pipelines are safe. The pipeline accidents under investigation are:
• An oil spill from a pipeline owned by a Canadian company sent an estimated 820,000 to 1million gallons spewing into the Kalamazoo River near Marshal, Mich., in late July.
• A natural gas pipeline in the Texas Panhandle that exploded last June after it was hit by a bulldozer, killing 2 men.
• A pipeline leak in Romeoville, Ill., last September sent hundreds of thousands of gallons of crude oil into an industrial park. The pipeline had to shut down, interrupting the flow of oil to Midwest refineries and spiking up regional gas prices.
• A natural gas pipeline that ruptured near Palm City, Fla., in May 2009, injuring three people.
The National Transportation Safety Board’s investigation has raised questions about whether PG&E should have known it was putting public safety at risk. As a matter of fact, eight officials with Pacific Gas and Electric are scheduled to testify today. If you or a loved one suffered an injury or a loss due to someone else’s negligence, please contact our firm. We have over 10 years experience fighting—and winning—personal injury lawsuits.