San Francisco Injury Lawyer Blog

Perhaps it is because air travel is generally among the safest modes of modern transportation that Northern California aviation accidents capture our attention. Plane accidents, such as one recently investigated in our region, are often tragic. The aftermath of an aviation accident requires intense investigation by both industry and legal experts. While some plane crashes go unexplained, often one or more causes can be identified. With the guidance of a skilled San Francisco plane accident attorney, victims in our region can pinpoint the parties and fault and recover compensation for their losses.

Tuesday’s San Francisco Chronicle provided an update on the crash of a small plane in February 2010. Doug Born held both a commercial pilot’s license as well as a flight instructor license. He was piloting a Cesna 310, with his colleagues Brian Finn and Andrew Ingram onboard, when the plane collided with high-tension wires and a sixty-foot transmission tower. All three of the men were killed when the plane broke into pieces after impact. While these losses are tragic, it is fortunate that the disaster was not compounded by injuries on the ground when pieces of the plane fell in a residential area of East Palo Alto that included a home-based day care.

The National Transportation Safety Board (“NTSB”) is the federal organization tasked with reviewing aviation accidents. Last week, the NTSB concluded their investigation into the crash and attributed the incident to the pilot’s actions. They found that the plane was in working order, citing recordings that showed the propellers were operational and other related evidence. The NTSB noted that the control tower had warned Born against taking off during heavy fog. The tower released the plane but cautioned Born that the controller could not see the runway and that the pilot was operating at his own risk. Additional comments in the report show the NTSB concluded that Born failed to follow proper and standard departure procedures and also did not maintain the altitude necessary to avoid the power lines. The Chronicle story further references recordings of witnesses watching the crash and notes that the incident was also captured by the Palo Alto’s gunfire detection system.

Acidents involving large airlines garner big headlines, but the vast majority of plane accidents, like the East Palo Alto crash, involve smaller planes. Pilot error is among the most common causes of accidents but other causes do exist. Determining legal fault involves analyzing all possible factors in the accident such as potential airplane defects, improper care or servicing of the plane, and policies of aviation companies that may have contributed to the tragedy. Legal fault is a complex analysis. An experienced San Francisco airplane crash lawyer can help guide victims through the process.

While the NTSB investigates crashes, it is crucial that those who are injured, lose a loved one, or suffer property damage retain a skilled San Francisco aviation accident lawyer. In the aftermath of an aviation accident, our team can help review all associated reports and retain qualified experts to help victims prove liability. We can ensure that the all proper parties are included in a lawsuit so that the victim does not suffer when parties try to pass the blame. It is crucial to obtain legal counsel before signing any agreements related to the incident, including papers that may be presented by an airline, by counsel for a pilot, or by an aviation-industry company.

If you were the victim of an airplane accident in the Northern California region, please contact our team for a free consultation to determine your legal rights.

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It isn’t the type of story we like to think about during the holidays. It isn’t the type of story that we like to hear about any time of the year. It is, however, the type of story we must talk about because talking about hard stories is the only way to bring perpetrators to justice, help victims move forward, and give potential future offenders notice that their behavior will not be tolerated. This sad story is also an opportunity to remind the community that we are trained and prepared to act as attorneys for victims of sexual abuse in Sacramento and throughout Northern California. We cannot erase the past, but we can help victims put the pieces back together and recover financial damages that will help them afford counseling and other necessary treatments.

This past week, as headlines about the sexual abuse scandal at Penn State dominated the national press, a local courtroom investigated sexual assault accusations against a pastor in Citrus Heights. The Sacramento Bee reported that Tommy Jean Daniels, 49, is on trial for 12 counts of child molestation. Daniels is a preacher at Rio Linda First Baptist and the charges, ranging from 2003 to 2005, relate to a home-based child care business run by his wife. Of the five alleged female victims, four were adopted children with troubled histories whose adoptive families placed them in the care center on the advice of social service professionals. The fifth was a child placed in the center for day care while the parents worked. Daniels has continued to assert his innocence, with his attorneys suggesting the children have a history of lying.

We do not know the truth of the Daniels case, but we do know that too many children (and adults) suffer sexual abuse. Despite the “Don’t Talk to Strangers” campaigns many of adults recall from our own childhoods, the majority of perpetrators are people victim knows and trusts. California law is particularly strict on cases of statutory rape, setting the age of consent at 18 (except when the parties are married) with a tiered system imposing harsher criminal penalties where a greater age gap exists. Harsher penalties also apply when the perpetrator is over 21 and the victim is under 16. These are strict liability cases in criminal court, meaning the prosecution only needs to prove the sexual act occurred and consent is not at issue.

In addition to criminal charges, civil liability can arise from sexual abuse cases whether they involve minors or adults. California does place a statute of limitations on civil court sexual abuse cases. While most limitation periods start with the offending act, abuse cases involving minors may be brought for eight years after the victim reaches 18 (i.e. before age 26). There is, however, an exception that allows a claim to be brought within three years when the victim previously repressed the memory of the assault. The limitations period for abuse of an adult is generally shorter but can vary depending on the precise claim.

An additional law allows childhood sexual abuse victims to file civil suits against people who failed to act when despite knowing of the abuse perpetrated by their employee, agent, volunteer, or other representative but who failed to act to stop the abuse. This law was, in part, a reaction to the scandals in the Catholic Church. The statute of limitations in these claims is one year from discovery.

While the outcome of the Daniels case remains to be seen, the trial reminds all of us that sexual abuse is a very real problem that disrupts what should be the innocent years of childhood. As your Northern California personal injury law firm, The Brod Law Firm is ready and able to help. We are Sacramento attorneys for sexual abuse survivors and we can help victims recover money damages. We cannot undo the past but a civil victory can open access to resources that will help victim recover and can also be an emotional triumph in itself. Furthermore, civil suits reiterate the message that California law will not tolerate these horrid offenses. As civil attorneys for Northern California abuse victims, we are proud to be part of that message and to help victims move forward.

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The Center for Disease Control reports that each year 4.7 million Americans are victims of dog bite attacks. Attacking dogs may puncture a victim’s skin, requiring stitches and leading to risk of infection. Dog bite incidents also cause psychological stress that usually creates fear in the victim of strange dogs in public or private spaces.

800,000 victims seek medical attention for their dog bite related injury, and of those, 31,000 of undergo reconstructive surgery to treat disfiguring scars. The most harrowing injuries occur in cases of attacks to the head and face. Children from the ages of five to nine are the most common victims of serious dog attacks to the head and neck area.

If you or your child is the victim of a dog bite, it is critical that you make a report to the animal control authority in your area. A timely report promotes public safety and also provides important evidence in any hearings related to the dangerous dog. Victims should also seek medical attention to prevent infection or other disease and to help document the incident.

In many states, a dog bite victim must prove that a dog owner had previous knowledge of a dog’s vicious tendencies or that the owner was negligent in preventing an attack. Examples of dog owner negligence include violating leash laws or failure to warn of a dog’s bite triggers.

However, California law imposes strict liability on dog owners. An owner is 100% liable for their dog’s actions, except in cases of intentional provocation. A dog bite victim will not be required to prove that a dog’s owner knew the dog was aggressive or that an owner was negligent to recover damages in a civil case.

Continue reading " California Strict Liability Law Promotes Owner Accountability in San Francisco Dog Bite Cases " »

As a San Francisco personal injury law firm, the team at The Brod Law Firm knows that it is vital for all individuals who travel on our roadways to exercise care and obey the law. We have experience as attorneys in San Francisco bicycle accidents and we know the importance of safety on two wheels as well as four. We represent bicyclists harmed by automobiles and believe in helping riders recover when they are harmed by a careless driver and helping families recover when the cyclist’s life is lost in the collision. However, a recent story in The San Francisco Chronicle reminds us that bicycle riders also have a duty to obey the law when they ride and that the failure to take care while cycling can have dire consequences.

On July 15, sixty-eight year old Dionette Cherney was crossing Mission Street. She was in the crosswalk, along with her husband, when she was struck by Randolph Ang who was riding his bicycle north on the Embarcadero. Cherney suffered head wounds and died in the hospital a few weeks later. Ang faces misdemeanor vehicular manslaughter charges pursuant to allegations that he ran a red light, causing the crash. Although the prosecutors do not believe Ang intended harm and have not suggested he acted with gross negligence, the district attorney’s office felt it was important to prosecute Ang for failing to obey traffic laws and to remind the community that bicyclists are not immune from legal obligation.

In California, as in most areas, bicycle riders are subject to all the rules and regulations that apply to automobile drivers. This includes the duty to obey traffic signals and the laws regarding driving under the influence of alcohol or drugs. Bicycles should be ridden in bicycle lanes where available. Otherwise, with limited exceptions involving single-direction traffic and cyclists preparing for a left turn, bicycles travelling below the speed of automobile traffic should remain toward the rightmost side of the roadway. Cyclists are required to yield to pedestrians in crosswalks. Helmet use is mandatory for bicyclists under age 18 and strongly recommended for all riders.

There are many resources available for Californians interested in bicycling for both transportation as well as fitness. Bike Safe California (http://bikesafecalifornia.org/) is a great place to start if you are interested in learning about safe cycling. The organization provides safety information, details on classes for cyclists, and links to other resources for California bicycle riders. As always, we believe that preventing accidents is better than trying to recover after one occurs.

We have represented many individuals involved in Northern California bicycle accidents. Often, we represent a cyclist harmed by the negligence of an automobile driver who failed to show proper care for others on the road. We also recognize that bicycles themselves can cause harm when the cyclist fails to follow the law and to ride with caution. While the criminal courts can punish offenders, we act as civil attorneys for San Francisco accident victims and help them recover for their losses. If you or a loved one has been harmed in a vehicle accident, please call for a free consultation. We can help.

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In the spirit of Thanksgiving, attorney Gregory Brod and the Brod Law Firm team is grateful for the clients who trust us to guide them through the legal system and to help them through one of the hardest times in their lives. We appreciate you visiting the blog and reaching out to us when facing your own legal matters. We hope you all have a wonderful season and enjoy a lovely meal with loved ones this Thanksgiving.

As Northern California car accident attorneys, we are keenly aware that holiday gatherings often involve alcohol. We see the horrible consequences that arise when people make the decision to drive despite having had too much to drink. Statistics suggest that the largest number of alcohol-involved automobile accidents actually happen at Thanksgiving, rather than New Year’s Eve which many associate more directly with over-imbibing. Perhaps people make plans to avoid driving on New Year’s but neglect to take the same precaution on a day more associated with indulging on a big meal than alcohol. As a reminder, it is illegal in California to drive with a blood alcohol level of 0.08% or above. For a 140lb adult, this is typically the equivalent of three alcoholic drinks over a two hour period, an amount easily imbibed at a holiday meal. It is important to recognize that even lesser amounts can result in dangerous impairment. California does allow for DUI convictions at lesser amounts and the danger of accidents rises with even a small amount of alcohol in the driver’s system.

We are attorneys for victims of drunk drivers in San Francisco. We are experienced and able to help victims recover for the financial loss and emotional trauma that follow an accident. We also believe that every DUI accident is preventable. We would welcome a world in which no innocent Californians faced the trauma of an alcohol-involved car accident. We can help victims, but avoiding the accidents from the start is always better than addressing them after the fact. Please take caution this season, both by making alternate transportation plans if you are drinking and by being alert on the roads for other drivers who may not have exercised the same care.

Unfortunately, as glance at area news reports confirms, alcohol-involved car crashes continue to occur. The Oakland Tribune recently reported on a case where 19 year-old Rafael Madrid of Antioch received a four-year prison sentence for a crash that killed Pablo Garibay. Alcohol is suspected in another crash reported in The Sacramento Bee where an SUV hit a mobile home in Woodland. If statistics hold true, there will be more sad news that comes out of the Thanksgiving holiday.

While prevention comes first, we are here to help if you are the victim of a drunk driver. We are experienced San Francisco car accident lawyers and we have handled alcohol-involved car accidents throughout Northern California, including the Sacramento and Oakland regions. We cannot reverse time but we can help residents of our communities reassemble the pieces after an accident. The legal process is complicated and it is vital that you have a skilled San Francisco automobile accident attorney on your side. If you or a loved one are the victim of a drunk driver, please contact the Brod Law Firm team. We are here to help.
We wish you all a safe and joyful holiday and hope your Thanksgiving is filled with smiles and good company.

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As lawyers for small businesses in San Francisco and the surrounding region, the Brod Law Firm knows that the vast majority of local business operators follow the law. We also know that most business owners want their organization to be open and accessible to all customers, including those with disabilities. A recent series of articles in the San Francisco Chronicle highlights the fact that even these businesses can become the target of “opportunistic” suits under the Americans with Disability Act (“the ADA”) and related state and local policies.

We can help your San Francisco business with ADA claims. Having spent countless hours in courtrooms, we know that preventing lawsuits is always preferable to trial. As is highlighted in the recent Chronicle series, there are many resources available to California businesses to help them comply with all legal obligations. The City of San Francisco has a specialized Office of Small Business that provides a lot of information to help business owners and management personnel comply with the law. With respect to the ADA, businesses must ensure their facility is accessible to all customers by removing any existing architectural barriers and by following accessibility codes for any construction. If your business is undertaking construction efforts, consulting a Certified Access Specialist is recommended. These experts can provide feedback during the process. Furthermore, an inspection report is very useful if a lawsuit arises, creating a 90-day stay on a lawsuit and providing for an Early Evaluation Conference that can help eliminate meritless claims without the need for a full trial. Tax incentives exist to help businesses with the cost of ADA compliance.

Unfortunately, even businesses that have been proactive in complying with the ADA will sometimes face legal complaints. If you receive a verbal or written complaint alleging that your business has violated the ADA, it is vital that you seek the assistance of a Northern California small business attorney immediately. Early representation can help you avoid missing any deadlines and can help you achieve a timely, positive resolution. As counsel to area businesses, our team can evaluate the merits of an ADA claim and determine if changes to your place of business are warranted under the law. We can evaluate the merits of the claim, retain useful experts, and provide effective pre-trial guidance. Our team will also examine the history of both the claimant and their representatives to determine if they have a history of making unsupported claims since, sadly, there are repeat players who have a record of abusing the ADA for profit. At the Brod Law Firm, we will make every effort to resolve the claims early and cost-effectively. We are also always prepared to represent our business clients at trial should the need arise.

The ADA is one of the many laws intended to protect our citizens. It is truly unfortunate when people bring meritless suits that violate the spirit of the law. Legitimate claims do exist and meritless suits do a disservice to those individuals whose rights are truly being violated. The suits also take a financial toll on good businesses, a toll that can also be emotional and damage the reputation of a law-abiding company. If you own or manage a business facing a San Francisco ADA claim or other legal dispute, please contact the team at the Brod Law Firm for a free consultation. We will work with you to help achieve a positive result and we are committed to helping keep the costs of defending your company against a meritless claim reasonable and affordable.

Note: While this post focuses the customer access portions of the ADA, businesses do have specific legal duties to employees with disabilities. Our team is also skilled at helping businesses facing these and other employment law disputes. Please contact us if we can assist your business in such matters.

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As San Francisco small business attorneys, the Brod Law Firm is committed to helping our clients achieve the results they expect in all business interactions. The recently reported resolution to a dispute between a large corporation and a smaller, local organization is a reminder that often the best result is one that avoids litigation. We will always be zealous advocates for our clients in court, but we are also committed to helping avoid trial whenever possible while still providing a positive result.

The Oakland Tribune recently reported on the successful resolution of a dispute between Kellogg Company and Maya Archaeology Initiative (“MAI”), a small organization based in Walnut Creek that seeks to protect the history and culture found in Northern Guatemala. Both the MAI and the Froot Loops line, owned by Kellogg, use a toucan in their logo. This overlap led to a dispute with Kellogg’s legal team demanding that MAI stop using the toucan symbol, suggesting the logo was too similar to the Froot Loops toucan and violated the company’s trademark. This week, the organizations announced that the dispute had been resolved without litigation and that Kellogg would be contributing $100,000 to MAI’s initiatives. Further, Kellog agreed to promote knowledge of the Mayan culture on future cereal boxes and to include the web address for MAI.

As Oakland small business attorneys, we understand that the threat of a lawsuit is frightening to business owners. This is particularly true when the dispute pits a small, local organization against a very large corporation with access to greater financial resources. It is important for local business owners to seek counsel as soon as a potential dispute arises so that all options can be discussed. Our team is dedicated to pursuing all forms of dispute resolution on behalf of our small and medium sized business clients.

The first step in resolving a dispute is often negotiation. Our attorneys can help resolve legal disputes for small businesses by representing the business owner in conversations and correspondence before the dispute escalates to trial. Legal counsel is vital in these discussions. As business attorneys, we can ensure that our clients are not taken advantage of and that their interests are protected fully and fairly. Knowing your legal rights is essential to reaching a resolution that is fair and protects the rights and interests of area business owners.

If negotiation fails to resolve the matter, the Brod Law Firm can also represent Oakland businesses in alternative dispute resolution. In mediation, we represent our client as the opposing sides try to reach a voluntary settlement with the help of a trained neutral mediator. These facilitated discussions can often reach resolutions that the companies were unable to arrive at without the help of a neutral party and can be particularly helpful when the companies wish to maintain a future working relationship. Another type of alternative dispute resolution is arbitration. This is more akin to traditional litigation, with an arbitrator handing down a ruling on the case rather than the parties finding agreement on their own, but can help keep costs in check and provide a faster resolution than our busy court system. It should also be noted that many business contracts contain clauses mandating arbitration instead of litigation should a dispute arise.

The solution reached by Kellogg and MAI allowed the companies to resolve their dispute without trial. We serve as legal counsel for Oakland business disputes. We are always prepared to pursue trial if necessary, but we understand that avoiding trial can often produce the best results. Even when disputes are resolved outside of a courtroom, legal counsel is vital to protecting the interests of a small business, particularly when faced with a dispute involving a large company that certainly has the benefit of its own attorneys. Engaging an attorney ensures that small businesses are protected and can remain a vital part of our economy and our community.

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A California appeals court reaffirmed the state’s commitment to cracking down on distracted drivers in a ruling handed down on Monday. As the San Francisco Chronicle reported, the court found that cell phone use by drivers is a violation of the law, even if the driver is stopped at a traffic signal.

In the case at issue, the court upheld a fine levied against Carl Nelson who was ticketed for cell phone use while driving in Richmond in late 2009. Nelson contested the ticket, saying that the incident occurred at a stop light and that the law only applied to a car in motion. The court disagreed, finding that the intent and language of the law against handheld phone usage does cover vehicles momentarily stopped on the road, sending a message that distracted driving is a serious concern. The court did not rule on additional scenarios raised by the defense, such as placing a phone call when stuck for a long period of time due to an accident.

Before many other regions, California recognized the dangers posed by cell phone use. The California Vehicle Code section prohibiting the use of handheld telephones by all drivers went into effect in July 2008. Additional legislation effective January 2009 expanded the prohibition to texting while driving, including both reading and composing texts. Motorists under the age of 18 are also prohibited from using hands-free communication devices while operating a motor vehicle. Drivers over 18 are permitted to use hands-free phones as long as both ears are not covered by an earpiece. These rules are detailed in the Wireless Communications Device and Wireless Telephone Laws FAQs assembled by the Department of Motor Vehicles

It is important for local residents to remember that the problem of San Francisco distracted driving goes beyond just the use of cellular phones. In a recent report on the problem, the National Highway Traffic Administration) defined distracted driving as “a specific type of inattention that occurs when drivers divert their attention from the driving task to focus on some other activity instead.” This includes the use of communication devices as well as things like eating while driving, focusing on a child rather than the road, adjusting the radio or other devices and even daydreaming. All of these actions present a risk to the driver and to others on or near the roadway. The 2010 report indicated that, despite public awareness campaigns and legislation, the percentage of fatal crashes that involved distracted driving increased between 2005 and 2009. The study further showed that 20% of injuries and 16% of fatalities in car accidents involved distracted driving. Interestingly, 30-39 year-olds had the highest proportion of distracted driving fatalities involving cell phone use.

As experienced San Francisco car accident attorneys, the team at the Brod Law Firm sees too many cases where distracted driving leads to damage, injury, and even death. We are dedicated to helping victims of such accidents recover all the damages that the law allows and encourage those injured in a San Francisco auto accident involving cell phones or other distraction to contact us for legal support. We also believe in prevention. We are committed to supporting driver education to prevent these accidents from happening in our region, supporting law enforcement efforts to crack down on cell phone use by drivers. Ultimately, it is the driver who must take heed. All individual drivers must be aware of the danger that all forms of distracted driving pose and prevention is always better than trying to recover after a tragic accident.

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The Oakland Tribune published a touching article this weekend sharing memories of an avid motorcycle buff who was killed in a collision with a car in October. Our Oakland motorcycle accident attorney knows that such accidents occur all too often and is dedicated to helping those impacted by the tragic incidents to pursue all remedies that the law allows. While no lawsuit can bring back a loved one or even restore an injured rider to their prior physical and emotional life, a skilled attorney can help ease the financial ramifications that often follow a motorcycle accident.

On October 23, 55 year-old Joseph Montoya was enjoying an autumn day with fellow riders. He was on his Yamaha 550 Seca, riding in the Castro Valley hills not far from the Redwood Road dirt park where he’d first learned to ride nearly four decades ago. The day turned tragic when a 19 year-old driver lost control of a Honda Accord, crossed into oncoming traffic, and hit Montoya who was killed instantly. The driver of the car was uninjured and an investigation by the California Highway Patrol is ongoing.

The Tribune shares memories of Montoya’s family and friends who paint a picture of a true motorcycle aficionado who helped draw others to his favorite hobby. He also was a giving man, one who mentored others in his professional life and was known for distributing money to the homeless during the holiday season. The tribute is a reminder that Oakland motorcycle accident fatalities are not merely statistics but are a tragic end to full and meaningful lives of valued neighbors and loved ones. While recent reports indicate that the number of motorcycle fatalities has declined after a decade of increase (see the 2011 California Traffic Safety Report Card, focused on numbers from 2009) every fatality takes a very real life and deserves our attention.

It is important to remember that, after an accident, there are two legal systems that work to provide recourse to the victims and punish those at fault. At the same time as the police investigate potential criminal charges, a skilled Northern California motorcycle accident attorney can help surviving loved ones pursue civil law remedies. While criminal suits are brought by the state, a civil lawsuit is brought by the victim or by the family of the deceased. The systems have very different rules and different goals with the criminal system seeking to punish offenders and deter future violators while the civil system can help those impacted recover damages for their loss. No legal system can bring back a beloved individual, but alleviating the financial burden can allow the family to focus on healing without worrying about the economic impact of the loss.

It is important that those impacted by a motorcycle injury or a fatality seek out a legal expert with experience in similar cases. The determination of legal fault is often complex and requires a skilled attorney who understands the factors that a court will consider when evaluating a civil claim. The actions of the other driver, the conditions of the road at the time of the accident, the decisions made by the rider, and many other factors will come into play in a civil lawsuit arising out of a motorcycle accident.

Continue reading " A Moving Tribute to the Victim of an Oakland Motorcycle Accident " »

Our Sacramento car accident lawyer was please to read that a Sacramento jury spoke loudly against companies withholding safety information and applied California corporate negligence law when it imposed a $73 million penalty on Ford Motor Company on Thursday November 10, 2011. The verdict, reported in the Sacramento Bee is an example of the legal system operating to protect our citizens from corporations that may put their bottom lines over the public welfare.

The case against Ford arose out of a crash that killed two and injured two others. The victims were travelling in a van after performing as members of a church musical group. William Brownell, the driver of the van, and front-seat passenger Tony Mauro were killed when the van skidded and flipped three times as the vehicle entered Highway 9. Testimony indicated that the accident was the result of tread separation on the van’s Goodyear tires. Although Goodyear had informed Ford of the defect two years prior, Ford did not share this information with vehicle owners, perhaps because the company was still dealing with the financial fallout from a prior $2 billion tire recall.

The verdict, believed by reporters to be the largest of its kind, is in addition to specific awards to the families of the deceased and to two others injured in the crash. The jury used California comparative negligence law to find that 59% of the fault fell on Ford Motors and this calculation did impact the injury and wrongful death awards. The reported testimony suggests that the two individuals who died in the crash were not wearing their seatbelts. While at one time a finding that the victims shared some fault might have entirely eliminated the potential for recovery on injury and wrongful death claims, the law now weighs the different factors involved and determines the degree of fault for all involved parties. The negligence of a victim can result in a reduced award but it no longer eliminates it entirely.

However, the reduction does not apply to the $73 million in punitive damages. This type of penalty is allowed under California Civil Code Section 3294 in certain cases when the evidence shows malice, oppression, or fraud by the defendant and is intended to punish the defendant and make an example of their poor actions. This Sacramento car accident lawsuit verdict serves to warn companies that they cannot act with disregard for human lives and public safety. Clearly, the jury felt that Ford knowingly withheld the recall information from the public, likely in order to protect the company’s reputation and profits, and that this blatant disregard for public safety was a key factor in the crash at issue. The verdict punishes Ford for this decision and warns other companies that similar actions will not be tolerated by the state of California.

Continue reading " Failure to Notify Customers of Defect Leads to Sacramento Jury Imposing $73 Million Fine On Ford Motors " »

The killing of eight people in a San Francisco salon shocked and horrified people in our region and across the nation. On Monday, the San Francisco Chronicle reported that a second victim’s family has filed a civil suit against Scott Dekraii, the alleged shooter. As the news report indicates, the family of Christy Lee Wilson is seeking compensation for the loss of the mother and wife who was murdered while getting her hair styled at Salon Meritage in Seal Beach. The San Francisco salon shootings appear to have been targeted at Michelle Fournier, whose family has also filed a San Francisco wrongful death lawsuit against the accused shooter.

When a loved one is lost, the family is left in an emotional turmoil that few can even imagine. It is hard to think about the legal system in such trying times, but it is still important to contact a San Francisco wrongful death attorney to be sure your legal rights are fully protected. In these cases, the criminal justice system does operate to punish the offender but it cannot provide direct aid to the victim’s family. This is where a civil lawsuit under California wrongful death principles can be crucial. Although the lawsuit cannot bring back the loved relative, economic compensation can help the family concentrate on rebuilding with less worry about the financial impact of the loss.

California Civil Code Section 377.60 sets forth the list of individuals entitled to bring a wrongful death lawsuit. The lawsuit is most often brought by a spouse (or registered domestic partner) or a child but the law does allow other individuals to bring suit if no spouse or child exists. In many cases, a single lawsuit may be filed to join multiple claims that are tied to the death of one individual.

A civil lawsuit for wrongful death can encompass both direct economic costs of the death as well as monetary compensation for more intangible loss. “Pocket book” costs that are often part of a civil suit include the loss of the individual’s earnings (including benefits such as health insurance carried by the victim) as well as direct funeral and burial costs. These economic losses can also include the loss of the victim’s help with household duties, a factor that is especially important if the lost relative was a full-time parent or home-maker. California law also provides that the civil court can award damages for non-economic losses. Such losses can include the loss of love, moral support, companionship, sexual relations, and other losses of an emotional nature.

Continue reading " Salon Shootings Result in Civil Lawsuits for Wrongful Death " »

Most parents view education as a key foundation for their child’s future. Californians send their children to school to learn and, in doing so, trust that their child will be safe while at school. However, recent threats received by personnel at schools in Martinez remind us that even school is not always a safe haven. While these threats did not result in any injury, any incident at a school requires an understanding of the law and the help of an attorney who understands California school safety laws. Our Oakland school injury attorney is well aware of the harm that can result when schools fails to act appropriately to keep students safe.

As The Oakland Tribune reported, the Martinez school district held a forum last week to discuss school safety and the response to threats to schools and students. This meeting was spurred by a series of events. In mid-October, a school employee received an email that included a threat against Alhambra High School. The school responded with an increase in security and notified parents on the day after the email was received. A week later, the school was placed on lockdown and parents were notified when an empty gun case was discovered in the high school auditorium. Further threats against two elementary schools arrived via separate letters later that week. In one case, the school was closed. In the other, the threatened school remained open and parents were not notified until the morning after the letter arrived. Police have arrested Larry Bantola on suspicions related to the series of threats. The Tribune reports that Bantola allegedly signed the name of a former friend to the notes.

Luckily, none of the threats in the Martinez area incidents resulted in any harm to students. However, parents should be aware that schools have a special duty to help protect their students. California education law requires that school districts develop and maintain a school safety plan that is aimed at preventing crime and violence on school property. These plans must be updated yearly. The State Board of Education further mandates that students have a right to safety in the school environment. Schools must have plans in place for conflict situations, including procedures for involving law enforcement when needed. School districts are specifically urged to collaborate with parents and guardians as well as other community groups and law enforcement authorities in order to ensure student safety. These rules are spelled out in both the state code and in California State Board of Education Policy 01-02.

Stories involving direct threats to our area schools such as those reported in the Martinez case are, thankfully, an unusual occurrence. But the promise that your children will be safe while they pursue their education is vital and ongoing. At the Brod Law Firm, we believe that it is important to help ensure the safety of our young people by fully investigating and pursuing claims of Oakland school injuries that arises from the failure of the district to provide a safe environment. We know you place your trust in the school system and we believe that the schools owe every student a quality education in a safe environment. School officials must be responsive to any danger to the young people entrusted to their care. We urge you to contact our skilled Oakland injury attorneys if your child if harmed due to the failure of the school to provide a safe learning environment.

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San Francisco-Oakland Injury Attorney Comments on Safety on San Francisco Buses, or Any Bus in the Bay Area

“Fracking” is a process used in the exploration of natural gas where water and chemicals are hydraulically pumped into rocks deep beneath the ground surface. Claims have been made that water supplies can become contaminated by fracking, and water can even become flammable, as natural gas and toxic chemicals are released from the shale rock underground. In 2005, the Bush Administration's Energy Bill exempted companies from disclosing the chemicals they use in the “fracking” process, and exempted natural gas drilling from the Safe Water Drinking Act, which was established in 1974. In 2009, the FRAC Act (Fracturing Responsibility and Awareness to Chemical Act) was introduced by the U.S. House of Representatives in an attempt to require companies to disclose the chemicals used in fracking. The FRAC Act essentially repealed the exemption from restrictions on hydraulic fracking of fluids near drinking water sources previously granted to oil and gas exploration, and required oil and gas companies to disclose the chemicals used in hydraulic fracturing operations. While this is a start in environmental protection of clean water, it did not address the people and communities whose water supply may have become contaminated by this process.

Continue reading " Fracking in California and Causes of Water Contamination " »

The San Francisco Chronicle reported on an incident at the Occupy Oakland protests that occurred Wednesday evening. The protests present a unique traffic hazard, but even in normal conditions car crashes involving pedestrians are not nearly as rare as one would hope. The incident serves as a reminder that anyone involved in an automobile-related injury in our area should always seek out a Northern California automobile accident attorney for advice.

According to news reports, a silver Mercedes-Benz struck two individuals involved in a march near the intersection of 11th and Broadway. The pedestrian protesters suffered non-life-threatening leg and ankle injuries and were taken to Highland Hospital. Police did question the driver, who does not appear to have been injured, and he was allowed to leave the scene. Witness accounts make it unclear whether the crash was an accident or a result of “road rage” with the driver acting on frustration and being provoked by other protesters. Early reports suggest that the driver did have a green light but that his car was blocked by the crowds.

Regardless of political positions, this incident can serve as a reminder of the importance of involving a skilled Oakland personal injury attorney when a car accident occurs. As the Chronicle noted, there were conflicting reports from the many witnesses at the scene. This incident had a particularly volatile context, but emotions will always run high where cars and injured pedestrians are involved. Differing reports from eye-witnesses are common. It is important that anyone involved in an Oakland car accident seek the assistance of a lawyer as soon as possible. An attorney can help gather information while it is fresh and make sure that a complete investigation is undertaken. Early involvement is ideal since time can fade memories and make it more difficult to locate all relevant witnesses. While the police are often involved, they have limited time and resources. It is vital that an attorney be engaged who is dedicated to helping uncover the truth and advocate on behalf of those involved.

This case is also a reminder that the law and liability can be very complex. Every case is unique and determining legal negligence is often a challenging matter requiring professional evaluation. For example, a full legal analysis in this case would encompass both the traffic signal and the presence of a crowd on the roadway. Determining legal fault requires understanding of both the facts and the law and requires investigation of each unique case with knowledgeable application of the relevant legal principles. In all cases, it is important that an attorney be consulted to help the client understand the law and best assert their legal rights.

The skilled Oakland accident attorney at The Brod Law Firm can help. We act as advocates for those involved in automobile accidents, gathering information while it is fresh in the minds of witnesses and ensuring our client is supported throughout the legal process. Most of our personal injury cases are handled on a contingency basis so no attorney’s fees are due unless our client recovers compensation.

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Last month The City sued the landlord of a Tenderloin apartment building for forcing tenants to live in substandard conditions such as bedbugs and with drug-dealing gang members keeping them “like prisoners in their own homes.” The public nuisance lawsuit claims the owner of a six-story, 88-unit apartment building at 245 Leavenworth St. Accoding to the lawsuit, the landlord kept the building in substandard conditions despite repeated violation notices since 2009. In addition garbage piled outside, mold and mildew, and a damaged elevator and apartment doors inside. The lawsuit also alleged that Wai allows the building to be used as a headquarters by members of a gang to sell drugs and conduct other criminal activity. According to sfexaminer.com, the continued defiance had left The City with no choice but to seek a court order to protect tenants and neighbors.

The lawsuit cites 13 separate police reports between 2009 and 2011 that refer to gang activity in the at the building and surrounding area. One reported incident involves a man who chased another man from his apartment after the man punched his fist through his window. The resident was then swarmed outside by at least 10 other males who punched him in the head and neck. The resident told police that the group regularly loitered outside the building and threatened residents. Four of the suspects were later identified as members of a gang. And another report documented the fear residents felt over leaving their homes because of the criminal activity and intimidation by the gang. Other reports noted sales of marijuana, hashish, oxycodone, crack cocaine and heroin in front of the property and on the block; violation of a stay-away order from the property by a suspect on felony probation; and assaults and drive-by shootings in the area by members of the gang.

Here at the Brod Law Firm we have over 10 years experience fighting for the rights of tenants who have faced living in substandard conditions. The stigma and frustration tenants go through can be unbearable at times, and we are able to take away some of that burden by helping them collect damages for their pain and suffering, and any lost wages or hospital bills for injuries they experienced due to substandard living, such as coping with a bed-bug infestation or black mold. Leases for apartment buildings include what is known as an implied warranty of habitability. Landlords must maintain these standard necessities for every unit their buildings. Any issues with a unit or building can result in breaches of habitability. Typically if one unit is having problems with bedbugs, mold or faulty plumbing, then there is high probability that the entire building is also affected by the same problems. If you live in a building with substandard habitability, you should contact our firm. We provide representation in San Francisco and throughout the Bay Area. We offer free consultations and work on a contingency basis, meaning we don’t ask for a fee unless a recovery is made.

One of the biggest decisions faced by relatives of an aging individual is nursing home placement. Recent reports by the Sacramento Bee of legal record-keeping and other violations are a harsh reminder of the importance of active involvement in care and, when necessary, consultation with a skilled Sacramento nursing home abuse attorney.

When a vulnerable patient is unable to fully defend his or her own rights, the responsibility to act as an informed advocate often falls upon the shoulders of a child or other relative. California law appreciates this and provides that relatives or legal representatives can assert the rights of nursing home residents who are unable to do so for themselves. Ailing individuals who anticipate needing help in advocacy have the legal right to appoint a specific power of attorney for healthcare. This includes the right to participate in treatment planning and the right to refuse a plan of treatment offered by the medical providers.

On the most basic level, nursing homes are required to treat patients with respect and dignity and to provide quality treatment and care without discrimination. Abuse, corporal punishment, and neglect are illegal. Advocates should also be aware that facilities may only use medical or physical restraints when needed for patient safety and that using restraints for the convenience of the facility is a form of Sacramento nursing home abuse. In order to monitor care and be an active part of the care process, patients or their representatives have the right to review health records within 24 hours of a request. Although you may be charged for copies of these records, the charge must be only a reasonable copying fee and there may not be a charge for merely reviewing patient records.

California law also protects the financial rights of nursing home residents, a key concern for anyone involved in the caregiving decision process. It is illegal to require a cosigner for payment but facilities may require a relative or other individual to ensure payment from the patient’s own resources. Nursing homes must provide detailed information on the cost of services and the facility’s participation in Medicare and Medi-Cal programs. Involved advocates for nursing center residents should know that patients have a right to apply for and receive information on Medi-Cal or Medicare rights. A facility may not ask a patient or involved representative to delay or abandon these rights. Those who are entitled to Medi-Cal or Medicare cannot, under California law, be required to provide a security deposit for care.

Continue reading " Be an Informed Advocate and Prevent Sacramento Nursing Home Abuse with the Help of a Skilled Attorney " »

Yesterday, a 22-year-old bicyclist suffered life-threatening injuries when he was hit by a taxi that ran a red light in the Mission District. While the cyclist was crossing at Cesar Chavez and Guerrero streets just before 2 a.m. Sunday, a 56-year-old driver of a Yellow Town Taxi heading east on Cesar Chavez ran a red light and struck the him with his Ford Escape Taxi. The bicyclist was not wearing a helmet and was taken to San Francisco General Hospital with life-threatening head injuries. According to a report, the cyclist was laying face down and bleeding badly from the mouth, and many people rushed to his aid. The paramedics were also quick to respond.

This accident is yet another reminder that San Francisco taxi drivers are some of the most negligent drivers on the planet. Taxis are often seen speeding, challenging traffic signals, failing to stop at stop signs, and changing lanes or pulling away from the curb without looking at the road. Therefore, there is a high probability that a taxi will hit a bicyclist at some point. Cyclists are most likely to be injured in an intersection because negligent or impatient taxi drivers are notorious for running lights. Also, taxis often sideswipe cyclists when they change lanes without looking. Many times a cyclist injured by a taxi will have substantial damages from medical bills and lost wages, and, usually any attempt to collect damages from the taxi driver are futile because drivers usually don’t have a lot of money. For that reason, it becomes necessary to recover damages from the company that provided the cab.

Each taxi-bicyclist case presents its own special set of challenges, all of which our firm has the experience and expertise to handle. We are committed to working hard for our clients, whether that be in mediation, arbitration or trial. If you or a loved one suffered painful injuries and/or a permanent disability, you will need fair compensation and a competent injury accident attorney to reprsent you. Our firm represents residents throughout the Bay Area, including visitors to the area and has been helping injured bicyclists and pedestrians in the San Francisco Bay Area for more than 10 years. If you were injured or a family member was killed in by taxi driver negligence, contact us for a free no-obligation consultation. We handle all taxi injury cases on a contingent fee basis, which means you pay no attorney's fees unless we are successful in achieving a financial recovery in your case

The San Francisco Gate reported last week on a bizarre Oakland motorcycle accident that apparently was caused intentionally by a paratransit van driver. A thirty-one year old Oakland man, Eddie Hall was recently charged with homicide following his conduct which caused the death of fifty-one year old George Lopez of Stockton. The incident occurred late last month on Interstate 580 in San Leandro.

The accident is still under investigation, however police believe that Mr. Hall was driving an East Bay Paratransit van in the right hand lane of the highway with a group of motorcycle riders immediately to his left. Witnesses report that Mr. Hall “aggressively” swerved his van into the left hand lane, colliding with the cycle being ridden by the victim, Mr. Lopez. The rider was knocked off the bike, ultimately falling into the path of the van which ran over him. His motorcycle was wedged underneath the van. Apparently the van driver continued driving for at least a mile with the motorcycle wedged underneath the vehicle, before the motorcycle burst into flames. At that point, Mr. Lopez got out of the vehicle and fled the scene on foot. He was eventually apprehended by a sheriff’s deputy. He has since been charged with homicide for the death of George Lopez, as well as for attempted homicide for another motorcycle that was in the group when he veered into their lane on the highway.

Unlike other highway crashes, this Interstate 580 accident was no accident at all. Questioned after the event, Mr. Hall admitted that he intentionally drove into the motorcyclists because he was upset at the way that the motorcyclists and other drivers were behaving on the road. In other words, this seems to be a case of extreme road rage with deadly consequences.

Our Oakland motorcycle crash lawyer knows that incidents like these have a wide variety of legal implications. For one thing, it will need to be determined exactly what role the East Bay Paratransit organization had in this accident. Factors like whether or not Mr. Hall was on duty at the time, how long he had been on the job, and anything in his background that may have suggested he might be capable of this conduct all would factor into potential liability were a civil lawsuit to be brought forward. Agency rules under the law often apply in these situations. That means that a “principal” (in this case the man’s employer) may be liable for the actions of the “agent” (the employee). Also, the employer may be guilty of negligence in its own right, irrespective of their actual liability for their employer’s conduct under agency rules.

Of course, it is important to remember that this only apply to civil law, not criminal law. The specific crimes with which Mr. Hall have been charged are completely separate from any civil liability that he or his employer may face following this crash. Often an event will have both criminal and civil implications. The criminal charges are those stemming from a specific law being broken and those charges can only be brought by the state. Conversely, civil suits are brought by the victims themselves, or in the case of a victim who is killed, by their family. These suits have completely different standards of proof and potential implications. It is therefore important for all those involved in these events to visit with an Oakland auto accident attorney to ensure that their interests are protected.

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