San Francisco Injury Lawyer Blog

The deadly San Bruno pipeline explosion in September of 2010 drew attention to PG&E’s policies and procedures for monitoring its infrastructure and implementing strategies to protect public safety. The National Transportation Safety Board formed an Independent Review Panel to investigate the San Bruno blast, which found the pipeline that exploded had multiple seams with lengths of pipe that were taken from pre-1950 inventory. A 2010 audit of PG&E’s compliance with state regulations found that it was not allocating sufficient resources to assess the integrity of its infrastructure. PG&E also took advantage of an exception to the rules to delay critical repairs and other required activities.

A second example is that of the 20 gallon spill of “Chevron Clarity” that occurred at Coyote Reservoir last January. The spill prompted the Santa Clara District Attorney’s Office to send a complaint letter to the Santa Clara Water District in March of this year. The letter brought up concerns about multiple leaks of hydraulic oil into the reservoirs it preserves. The Santa Clara Water District may face $25,000 dollars in fines for water pollution.

For its part, the Santa Clara Water District admits that around 107 gallons have been leaked since 2001 in eight separate incidents. However, it contends that all leaks dissipated into the water system with no ill-effects. It also issued a statement stating that it routinely replaces accessible leaky valves. The Santa Clara Water District acknowledges that it needs to replace aging valves that are placed at the bottom of the reservoirs. The District will need to drain most of the water from the reservoirs in order to safely replace the valves. Therefore, the Santa Clara Water District has been waiting for a scheduled seismic retrofitting of reservoir dams to replace the poorly functioning valves, because it will have to drain the reservoir for the retrofitting anyway. The District is reportedly working the District Attorney's Office to come to some sort of agreement with regards to the leaks.

ABC news reports about another example. In 2011, the San Francisco Water District's hired contractor started to replace current water meters in San Francisco homes with wireless water meters. Unfortunately, the work, which requires the water to be turned on and off, puts pressure on older plumbing systems. Water that gushes back through the pipes can damage pipes that are already in poor condition because of age. Since the work started, 69 cases have been reported of broken pipes after the contractor finished replacing the meter. Since the pipes are located on private property the owner is responsible for the repairs which cost upwards of $2,000. In the case of John Lubimir the cost was $5800 to repair the water pipes on his property. The contractor, Grid One Solutions, insists the most of the broken pipes were old and probably previously damaged. The contractor tells affected residents the breakages are not its fault, that it is upgrading the meters as a service, and that the homeowner is completely responsible for their pipes. Meanwhile, Supervisor Scott Weiner has complained that the installation of the wireless water meters is mandatory, so homeowners really have no choice. The San Francisco Water District reviews each claim individually, and usually turns it over the the contractor in this matter.

Continue reading "California’s Aging Infrastructure Could Put Residents and the Environment at Risk" »

Delaware bankruptcy judge, Kevin Gross, approved an agreement between the family of Bryan Stow and the L.A. Dodgers on March 19, 2012. The agreement provides that Bryan Stow’s family will be able to continue their suit against the Dodgers for negligence once the club completes its bankruptcy proceedings and is sold to a new owner. Initially, the club tried to include the pending lawsuit in its bankruptcy, taking advantage of the protections afforded by bankruptcy to avoid monetary liability. The Dodgers organization argued that the lawsuit would make it too hard to sell the team, but facing criticism it agreed to allow the claim as long as the Stow family agreed to sue only the team’s insurance provider and not Frank McCourt, the current Dodgers owner.

Sports stadiums have been subject to the same liability as other premises owners since the late 1950’s, with the caveat that a spectator that has notice of the dangers inherent to a specific sport waives some of that liability. For instance, a baseball fan probably knows that fouls are hit into the fan area and assumes that risk by sitting in the stadium. In the Stow case, Bryan Stow had a reasonable expectation that he could attend a baseball game at Dodger Stadium without fearing an attack, at the very least because the stadium provides security and ejects rowdy spectators.

Since the injury was caused by a third-party, in order to bring a successful suit the Stow family will have to argue that the Dodgers negligence contributed to the attack and that the Dodgers could have reasonably foreseen such an attack. The plaintiff’s complaint argues that the Dodgers were negligent because the club cut security to save money for its upcoming bankruptcy and that the lighting in the parking lot where Stowe was beaten was inadequate. The complaint also alleges that the Dodgers had knowledge that there was a criminal element in the spectators and that the stadium encouraged the over-consumption of alcohol during the highly charged opening game, which substantially contributed to the beating.

The question over whether the baseball club was negligent because it did not provide effective security for the opening game in March 2011, is hotly contested. The LA Times quoted Frank McCourt in April 2011 saying, "You could have 2,000 policemen there, and it’s just not going to change that random act of violence." Stow’s proponents argue that it took too long to respond to Stow’s beating in the parking lot, whose injuries were so severe that the hospital induced a coma to treat him.

Meanwhile, state assemblyman from Los Angeles, Mike Gatto, has introduced a fan violence bill to ban fans who are convicted once for unruly or violent behavior at a sporting event from returning. The banned fans would have their names and photos posted on the internet to make them more recognizable to fellow fans and to security. The bill also encourages anonymous reporting of badly behaving fans. Assemblyman Gatto argues that similar laws have proved successful elsewhere, for instance in the UK with so-called soccer hooligans. The bill’s detractors say that it punishes people for acts they have not yet committed and that it does not get to the heart of the problem, arguably the consumption of too much alcohol among thousands of fans in an enclosed setting.

While prevention is the best solution, the agreement between the Stow family and the Dodgers is a small victory for the former, which could potentially receive the policy limit of the Dodgers insurance provider, reportedly 300 million dollars. The family argues that it will cost around 50 million dollars for Bryan Stow's medical care for the rest of his life, not including any other costs or compensation for the havoc wrecked on Bryan and his family as a result of the beating. Stow is currently in a rehabilitation center and NBC Bay Area reported that he has made great progress, although he has some trouble with short term memory loss.

Continue reading "Bryan Stow’s Negligence Claim against L.A. Dodgers Will Not Be Included in Bankruptcy" »

Slips and falls are by nature unexpected- but the causes are often predictable. Some of the more common reasons for falls include pitfalls, slippery surfaces, obstructions of walkway areas, and stairs. Stairs are one of the most common culprits because they have multiple surfaces on which to slip and stepping to the next level forces the body off balance.

The California Uniform Building Code sets out specific requirements for residential and commercial stairs in order to make their everyday use safer. In order to be comfortable for the average human’s height and gait, requirements for stairs are that they be at least 10 inches deep and 4 inches tall, but no taller than 7 3/4 inches. The human brain automatically adjusts to a repetitive walking patter, such as the space between steps. Therefore, the difference between each individual steps’ measurements may not have more than a 3/8 inch variance from the other steps. To accommodate the height and weight of both humans and their belongings, there must be a clearance space above the surface of the stair of at least 6 feet 8 inches and be able to support a 300 pound load.

In addition, all stairs with more than four risers must have a handrail installed for the length of the stairs. Handrails may not obstruct the stairs by more than 3 1/2 inches and they must support a 200 pound load. Stairs that are not enclosed on one or both sides must have a guardrail at least 36 inches tall to protect from falls over the side. City ordinances may have stricter requirements and should be researched as well.

Property owners have a duty to maintain stairways to prevent loose handrails or well-worn surfaces that leave stairs slippery or uneven. If a problem arises, the property owner should put up a warning sign until the problem can be fixed. Stairways should be well lit to increase visibility and prevent potential trips.

Serious falls can result in traumatic brain injury, broken bones, lacerations and contusions, or even paralysis. A slip and fall victim who would like to pursue a civil action in order to recover costs associated with the fall, such as medical expenses and lost wages should do a basic review of California law to determine if the property owner may be liable for injuries sustained. A slip and fall victim may also recover money damages for pain and suffering.

According to Nolo Press, in order to bring a successful action against the entity in charge of stair maintenance a plaintiff must prove one of the following:

• The property owner caused the slippery or dangerous surface or item, to be underfoot.
• The property owner or an employee knew of the dangerous surface but did nothing about it.
• The property owner should have known of the dangerous surface because a "reasonable" person taking care of the property would have discovered and resolved the dangerous situation.

In addition, the defendant may avoid some or all liability if the plaintiff’s own actions or carelessness contributed to the fall.

Continue reading "California Building Code Requirements that Keep Stairways Safe" »

Bicycling is a terrific commuting option. It is environmentally friendly, cost-conscious, and provides a terrific fitness benefit. Our San Francisco bicycle accident attorney encourages more Californians to use cycling as a part of their regular commute. However, as a focused personal injury law firm for San Francisco and other Northern California regions, we know that bicycle accidents are a real concern for area cyclists.

One such accident was reported by The San Francisco Chronicle this week. The injured victim, a thirty-nine year old cyclist, was riding on Clement Street, travelling eastbound in the Richmond District of San Francisco just before five P.M. on Tuesday January 31. The rider was struck by a United States Postal Service Truck that was proceeding northbound on 18th Avenue at the time of the crash. A police spokesman noted that the rider was not wearing a helmet, suffered minor head trauma in the accident (earlier police reports suggesting a life-threatening injury have been altered) and was treated at San Francisco General Hospital. According to preliminary investigations, the cyclist had the right of way at the time of the collision and the postal worker failed to come to a full stop prior to entering the intersection.

According to the California Department of Motor Vehicles, over one hundred people are killed in cycling accidents annually in our state, with injured cyclists numbering in the thousands. Drivers should remember to take particular caution when sharing the roadways with bicyclers, but cyclists must also exercise caution when travelling. Bicycles are required to follow all the same rules of the road that govern motor vehicles including stopping for red lights and obeying other traffic signs. Bicycle riders should opt for visible garments, especially if travelling in low-lit conditions. Helmets should be a part of every cyclist’s uniform. Although California law only mandates helmet-wearing for riders under age eighteen, cyclists of all ages should make wearing a well-fitting helmet a standard part of their riding routine.

While we urge bicyclists to exercise caution, we do want accident victims to know that perfection is not a requirement for legal action. It would certainly have been preferable for the victim in Tuesday’s crash to have worn a helmet and this precaution may have limited (or even eliminated entirely) the rider’s injuries. However, the decision to go without a helmet does not mean the rider has no legal claim should the results of the preliminary investigation be sustained and the conclusion that the mail truck driver failed to stop completely be upheld. Instead of barring coverage, the rider’s own fault will be factored into the amount of a legal recovery. For example, a court might conclude the accident and resulting injury was seventy-five percent attributable to the driver’s failure to yield and twenty-five percent due to the failure of the cyclist to wear protective apparel. If the same court found the damages from the accident would normally amount to a verdict of $20,000, the court would discount this amount to account for the cyclist’s own actions and award $15,000 instead. Like other injury matters, legal claims regarding bicycle accidents often settle out of court but this principle will also apply in settlement negotiations.

If you have been injured in a bicycle accident in Northern California, our San Francisco bicycle crash lawyer is here to help. Call to talk with our team and schedule a free consultation to discuss how we can help you protect your legal rights and obtain compensation for your injuries.

See Related Blog Posts:
Cyclist Suffers Life-Threatening Injuries After Being Struck By San Francisco Taxi
How San Francisco Can Make Its Streets Safer For Cyclists

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" »

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.

Social status, gender, relegious creed, and race matter not to bedbugs. Did you know there are exterminator units out there dedicated to the eradication of bedbugs? Often they are called to five star hotels, hostels, shelters, low income hotels, and camps. It can cost between $500 to $750 to exterminate a single room, and up to $5,000 to exterminate an entire house. If untreated, they can create colonies of thousands in just a few weeks. The bedbug resurgence has caused people to seek counsel among each other as they face the stigma associated with the situation. As result edbuggers.com was created as a means of support and a coping mechanism for victims who have been traumatized by bedbugs. Back in 2007, California was forced to issue state bedbug guidelines. Laura Krueger, a public health and writer of the new bedbug guidelines for California Department of Health Services, states that California does not use as harsh chemicals as we used to and do not spray mattresses with insecticide before selling them anymore and that bedbugs are becoming increasingly resistant to the few chemicals left. Unfortunately, some of the chemicals used to get rid of them can make people sick.

Last week, the CDC cautioned in their Morbidity and Mortality Weekly report of the dangers associated with using pesticides to treat bed bugs, as there has been acute illness associated with insecticide used to control bedbugs in seven states. The main contributing factor of those who became ill has to do with misuse and overuse of pesticides and insecticide products. There was one death reported due to misuse which is an example of the extreme desperation victims of bedbugs. An already ill woman, both physically and psychologically, used 9 cans of fogger in one day, on two separate days, as well as applied insecticide to her hair and body. Other people spend hundreds, if not thousands, of dollars trying to get rid of them, and the toll extermination takes on a person’s financial and psychological well-being can be costly. Some people report nausea, vomiting, headaches, and tremors from exposure to the chemicals used.

Sadly, even after a thorough extermination, some bed bugs may remain, and efforts such as quarantining a room are pointless, as bed bugs can live for an entire year without a blood feeding. However, because the pest control industry is so tightly regulated in most states, it may be possible to determine whether a property owner /manager acted negligently by looking to the state’s standards and regulations for pest control professionals. Pest control professionals must act in accordance with state regulations or face potential liability in many forms, as they can and have been sued for failing to get rid of an infestation as promise to the plaintiff, not living up to their warranty of service, and in a few sensational cases property damage caused by negligent discharge of flammable chemicals. When someone is the victim of a bed bug infestation it is sometimes difficult to assign liability for the infestation. Common targets of homeowner’s lawsuits include hotels, landlords and pest control companies.

Since bed bugs are often difficult to recognize by the untrained eye, it take time for victims to recognize that any health side effects they may experience were caused by bedbugs. Unfortunately, these lapses make it difficult to determine the source of the infestation. Often bed bus will attach to luggage or clothes and hitch a ride from a hotel, hospital, or friends house and follow a person to their bed where they are fruitful and multiply until your client has a genuine infestation. The good news is that legal entomology experts have developed methodologies to determine the origin of an infestation based on the species of insect. Victims of bedbugs infestations can seek to recover financial and physical personal injuries, emotional distress, as well as negligence, misrepresentation, violations of code and contract breach. Here in San Francisco, the Board of Supervisors hearings are held regarding on-going inspections procedures, reporting, and referral procedures, enforcement of, prevention and control of bed bugs by the Department of Public Health, and landlords in San Francisco can be sued for threatening public safety if the department finds an infestation of bedbugs in any building.

Continue reading "Bedbugs--and the Chemicals Used to Kill Them--Can Hurt You" »

According to ABC World News, at least five states are seeking assistance from the Department of Defense for help with the growing presence of bedbugs in this country, and Ohio just asked the Environmental Protection Agency (EPA) for special permission to use a banned pesticide to eradicate the growing problem of bedbugs in this country. Half a century ago the United States had nearly eradicated the insects; however, the ban of the use of powerful pesticides like DDT, as well as reduced use of narrow spectrum products targeting specific pests, have enabled the insects to survive, thrive, and build pesticide resistance. The growing problem with bed bug infestations has been linked to increased travel. The US Centers for Disease and Prevention are reporting that the US is experiencing what is being described as an alarming return of the tiny bloodsucking parasites. This is happening just as the EPA issued a warning against using outdoor chemicals indoors, because some chemicals adversely affect the central nervous system and can lead to skin and eye irritation and cancer. As a result of the new invasion of bedbugs, people who are experiencing infestations in their apartments are filing lawsuits.

According to WebMD, bedbugs are known to Biologists as true bugs. For the layman, this means they are wingless insects that are considered a parasite, meaning they feed on blood and nothing else. Bedbugs are flat and oval, about ¼ inch in diameter. They look like a small lentil. The vermin are brownish in color, but take on a rusty mahogany color after a blood meal. Close up they are covered with microscopic hairs that give it a banded appearance when it’s engorged with blood. Newly hatched bedbugs are light tan, translucent and hard to see. Bedbugs don’t actually bite but suck. They are equipped with a long, sharp, thin, hallow spike-shaped beak used to pierce the skin. Once they pierce the skin, saliva containing an anticoagulant that keeps the blood from clotting is injected so that they can feed. It may also contain a mild anesthetic. Most people don’t feel the bug feeding. You know you’ve been a pierced by when an itchy red dot with a lighter red ring around it appears on your skin. There will often appear one or more straight lines of these bites on your body, which means more than one bug has pierced your skin. Scratching bed bugs can lead to secondary infection. The good news is bedbugs are not known to transmit infectious diseases.

A common misconception people have is that bed bugs are invisible. They reason they seem invisible is because they only come out night. During the day they hide in bedding, creases of a mattress, bed frame, or in tears in the wallpaper. They also hide behind pictures and baseboards. They can end up travelling quiet far and manage to get into books telephones, radios e and attach themselves to clothing. They don’t fly, but they can move quickly over floors, walls, and ceilings, and they can infest other rooms if you don’t catch them early enough. Female bedbugs may lay hundreds of eggs, each of which is about the size of a speck of dust, over a lifetime. The earliest sign of bedbugs, other than physical symptoms, is blood on the sheets, as wounds from bedbug bites bleed a little. And bedbug excrement is a liquid that appears as darker spots on the sheets. If you’ve got lots of bedbugs, your bed will have the distinctive sickly-sweet smell that bugs give off. Be aware that their breeding patters are pretty rapid, a single female bedbug lays 10 to 50 eggs every three to 15 days. The sticky eggs are laid near where they hide. If they feed regularly, bedbug nymphs become adults in two to six weeks.

Continue reading "The Return of the Bedbug and Need for Bedbug Lawsuits" »

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.

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.

It is ironic—and appalling-- that a runner collapsed and died near the finish line of the San Francisco Half Marathon sponsored by a health care provider—Kaiser Permanante—last weekend. According to the SFGate.com, bystanders and race participants desperately tried to revive him as they waited 20 minutes for the paramedics to arrive. There is no excuse why Kaiser Permanente and RhodyCo Productions, the company that produced the race, did not have a doctor on site or ambulance waiting at the finish line for an event of that size and with that number staff, as even the smallest events have at least one ambulance waiting at the finish line. Their lack of medical emergency support and preparation demonstrates negligence and their inability to safely put on an event that size. Conflicting reports have been made by the event coordinators and witnesses regarding what happened that day.
Rody of RhodyCo has stated that there was medical staff based at two tents near the finish line and tried to to help Hass within five minutes of his collapse. He did acknowledge that the event’s only hired ambulance had been diverted to another part of the course to help another runner. Witnesses have said that after the paramedics were called, a crew drove by and then returned later because they were given three different, incorrect locations. Witnesses have also stated that no one person identified themselves as being part of the event medical team at any point, there were no medical personnel or equipment at the finish line.
Here at the Brod Law Firm we see this is a hard lesson for everyone, including the city of San Francisco. The city needs to review their policy and procedures, and perhaps change the them and require a backup ambulance. Also they should create designated routes for additional ambulance to quickly get to part of the race course next time. It seems that the closed road situation had a serious affect on the situation. Also marathon organizers should consider that fact that having an automatic external defibrillator AED at the finish line can very well help save a life in case there is not an ambulance crew available. The truth is we don’t know if an ambulance or doctor could have saved him had they been there at the time he collapsed, but we can say for certain that the time it took to get life saving equipment and medical transportation to him did decided his fate.

Recently, the Environmental Working Group analyzed the drinking water in 35 cities across the United States and found that most contained hexavalent chromium, a commonly used, until the early 1990s, in some industries, such as in chrome plating and the manufacturing of plastics and dyes, and it has the ability to leach into groundwater from natural ores. The study is the first nationwide analysis of hexavalent chromium in drinking water to be made public, and it comes at the same time the Environmental Protection Agency is considering whether to set a limit for hexavalent chromium in tap water. Currently, the federal government restricts the amount of “total chromium” in drinking water and requires water utilities to test for it, but that includes both trivalent chromium, a mineral that humans need to metabolize glucose, and hexavalent chromium, the metal that has caused cancer in laboratory animals. Last year, California took the first step in limiting the amount of hexavalent chromium in drinking water by proposing a set goal of safe levels, and if our state does set a limit, it will be the first in the nation.
Osha’s website contains interesting facts about the chemical. For example it states: workers who breathe hexavalent chromium compounds at their jobs for many years may be at increased risk of developing lung cancer. Breathing high levels of hexavalent chromium can irritate or damage the nose, throat, and lungs. Irritation or damage to the eyes and skin can occur if hexavalent chromium contacts these organs in high concentrations or for a prolonged period of time. When inhaled, Hexavalent chromium has been known to cause lung cancer, but scientists recently found evidence that it causes cancer in laboratory animals after it is ingested. It has been linked in animals to liver and kidney damage as well as leukemia, stomach cancer and other cancers. The American Chemistry Council, which represents the chemical industry, says the California goal is unrealistic because some water supplies have naturally occurring hexavalent chromium that is higher than limits proposed.
If you or a family member has been injured due to industrial negligence, please contact our office today. We have over 10 years experience fighting-and winning- personal injury lawsuits.

Muni has received the approval rating in almost a decade, according to the SF Examiner. Thousands of riders take Muni each day, and during the past year, they have been paying more and more while the agency has tried to fix its deficit. The price for a monthly pass has increased twice, from 45 to 70, while service has been slashed on many lines. Generally, passengers feel $70 dollars is too much money to pay for waiting for a bus for 45 minutes or ride buses that are overcrowded and/or unsafe. Consider, for example, the two incidents that happened on the N-Judah recently. On November 30th two suspects shoved a gun into the stomach of a Muni passenger and demanded money, punched him several times and stole his laptop. Then two days later on December 2nd, another passenger was terrorized by armed suspects while riding the N-Judah, whereby one of the suspects sat down next to the passenger and pulled out a knife and demanded his possessions. Some say that miserable service overshadows any breakthroughs the SFMTA accomplishes. Let’s hope the Muni rider with financial knowledge, investment experience—and, most likely, rider frustration—that Gavin Newsom has nominated will be able to serve Muni riders.
The folwoing are some common sense, safety tips you can take into account when you ride the bus. Think about sitting near the middle, near the door in case you need to exit ASAP. Also, don’t show off your new iPhone or iPod, or a new and expensive anything. Try substituting black earphones rather than wear the white iPod earphones, a signal to others you have one. Don’t cling to tight to your things, which gives you a fearful look and inevitably draws attention to you. Try to act casual, but stay vigilant and don’t look like an easy target. Avoid suspicious looking and crazy people. If you don’t feel safe, just get off and wait for the next bus or, if you are not too far from your destination, walk the rest of the way. And don’t forget that some drivers are not on your side, as they may ignore your being assaulted or even cause you to be injured by way of their own negligence. If you or a loved one was injured due to an incident or accident on a bus, please contact our firm today.

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.

According to the Mercury News San Bruno residents have begun filing class-action lawsuits in San Mateo County Superior Court over the San Bruno explosion that killed eight people and destroyed 37 homes. The lawsuits seek to force PG&E to turn over control of the $100 million victims fund to an independent third-party. In one lawsuit specifically, Daniele Ditripiani, a resident of San Bruno, seeks unspecified damages to be paid to him and others. According to the lawsuit, DiTrapani was at home on September 9th when the blast occurred and that he “has been injured and suffered damages." The lawsuit is the second class-action against the utility during the recent aftermath of the explosion and claims PG&E was negligent and that it was the utility’s actions or lack of action that caused the 30-inch pipe to explode, stated the Mercury News . The complaint also alleges that residents there have been “contaminated by debris, ash, (and) toxins” due to the blast and fire. Also according to the lawsuit, cleanup timing remains unclear as well as the timeframe for when San Bruno can return to a so-called “normal state.” The lawsuit indicates that response and clean-up are estimated at over $10 million, with debris removal running about $2 million.

According to the LA Times, an investigation into the explosion looked at work performed on a sewer near the ruptured line in 2008 and the method used by the city to replace the sewer line, which is known to pose risks to nearby pipes. In addition, the LA Times reported, in a separte report, that Rep. Jackie Speier (D-San Francisco) announced legislation that would mandate stricter regulations of gas pipelines nationwide, and that Senators Dianne Feinstein and Barbara Boxer just introduced a bill to impose more stringent pipeline safety standards. Speier also announced legislation to mandate pipeline operators nationwide equip lines with an automatic shut-off, highlighting the fact that this technology would have reduced the San Bruno explosion’s destruction and ferocity. Also part of the bill, pipeline operators would also have to advise homeowners if they live in proximity to high-pressure gas mains. The manual shut-off process took nearly two hours following the San Bruno explosion. The Feinstein-Boxer bill also mandates many other actions, such as automatic electronic valves replace current manual valves and that in-line inspection devices be installed, federal officials create standards for leak detection devices, federal inspector personnel be doubled, safety violation fines be increased, and older lines in seismic areas be prioritized.

If you or a loved one suffered a loss due to the San Bruno explosion, please contact the Brod Law Firm for a free consultation today. We have over 10 years experience helping vicitims of similar situations receive the compensation they deserve.

According to the Oakland Tribune, PG&E plans to release a list of 100 high-risk natural gas pipelines and has already stated that two of those lines are in the northern part of San Jose. One pipeline is located near the intersection of the Tasman Drive and North First Street and another near the city’s border with Milpitas. PG&E does plan to upgrade the street section at Tasman and First, but it is still unclear to what degree the cities should be concerned regarding locations of the high-risk pipelines. PG&E released the information about the pipelines to San Jose and Milpitas before releasing the it to the California Public Utility Commission, but both cities are still uncertain as to what needs to be done about the matter. However, they are planning a meeting with Milpitas concerning what action needs to be taken. PG&E had previously publicly disclosed a list of pipelines that were deemed a problem, but, like the San Jose and Milpitas situation, it is unclear which area of pipe should be considered a maintenance priority, and which should not. Here at the Brod Law Firm, all this new information inspires little confidence, especially considering the fact that San Bruno was not on that previous list. We do hope, however, that the disaster will save lives by forcing government to create new regulations about pipeline safety.

If you have been injured, have sustained the loss of a family member, your home, your possessions or were injured in the San Bruno PG&E gas line explosion, our firm and fire are here to help. The Brod Law Firm has successfully prosecuted explosion and fires claims under similar circumstances in the past and has represented individuals and families injured in fires for more than 10 years. The Brod Law Firm will represent individuals and families in claims or injury and property loss resulting from the PG&E gas line explosion. If you have questions about any fire burn injury lawsuit or property claim, please call us.

Pacific Gas & Electric (PG&E) is setting up a $100 million compensation fund for victims of the catastrophic fire that devastated part of San Bruno. According to The Wall Street Journal, PG&E says the relief fund will be used to cover any expenses not covered by insurance of residents whose property was damaged by the fires. The funds will also pay for the rebuilding or replacing of public property damaged or destroyed in the accident and for certain costs incurred by emergency responders and government services. The company said it will provide payments of $15,000, $25,000, or $50,000 per household depending on the extent of damage incurred, and that residents that accept such payments won’t be asked to waive any potential claims against the company.

The relief fund, however, is not intended to pay for personal injury or wrongful death claims--those will be dealt with separately. According to the San Francisco Chronicle, PG&E is suggesting customers pay the bill of any future disaster. Regulators, are considering a proposal backed by PG&E that would require customers to pay all costs of future catastrophic fires which exceed a utility company’s insurance policy. PG&E said it expects to have most of the costs’ related to the recent explosion in san Bruno covered, but if the new proposal is passed, customers are likely to see a hike in rates further down the line. Under current rules, utilities in California can seek a rate increase if the costs of a disaster exceed their insurance coverage; yet, the Public Utility Commission can veto the request and force utility shareholders to pay the bill.

In order to protect their rights, residents of San Bruno and those affected by this PG&E gas line explosion should seek representation from lawyers who specialize in representing victims of fire damage. The Brod Law Firm has successfully prosecuted explosion and fires claims against PG&E under similar circumstances in the past and has represented individuals and families injured in fires for more than 10 years. Brod Law Firm will represent individuals and families in claims or injury and property loss resulting from the PG&E gas line explosion. Whether you have been injured, have sustained the loss of a family member, your home, your possessions or were injured in the San Bruno PG&E gas line explosion, our firm is here to help. If you have questions about any fire burn injury lawsuit or property claim, please call us.

According to newsinferno.com, a Pacific Gas and Electric (PG&E) spokesman said last Friday that the company’s gas transmission line ruptured, leading to the blast. It is not known what caused the rupture. CNN reported that the ruptured line was installed in 1948 and obtained a document form PG&E that stated the gas line had a relatively high risk and likelihood of failure. The document recommended the line be replaced because of its proximity to a populated area. In addition, the Wall Street Journal reported the gas line had an unusual construction, as it contained a longitudinal seam and numerous welds indicating it had been made from many small segments of steel pipe. And it is not known if the numerous welds could have weakened the pipe. A 28-foot section of the pipe has been excavated and will be sent to the national Transpotation Safety Board’s (NTSB) metallurgy labs in Washington for study.

According to Bloomberg news, a PG&E spokesman said the company inspected the pipeline in November and performed an annual gas-leak assessment in March. However the official would not discuss the results of the inspection. The blast and fire injured 52 people and killed four. Additional remains have been discovered and are being tested to determine their origin and identity. Investigators are looking into reports that residents in the area had made complaints to PG&E in the weeks prior to the blast about gas leaks in the neighborhood. PG&E has not been able to confirm those reports and says it has searched about two thirds of its phone reports from the neighborhood from September 1st thru September 9th.

In a statement PG&E said: "if it is ultimately determined that we were responsible for the cause of the incident, we will take accountability." Here at the Brod Law firm we haven’t a doubt that PG&E is responsible for the injuries and property damage caused by this explosion, as they have admitted that they own and operated the gas line (the company has $992 million in liability insurance for damages caused by fire, according to a public filing on Sept. 10). It appears from various reports that the injuries and deaths which resulted were preventable. In order to protect their rights, residents of San Bruno and those impacted by this PG&E gas line explosion should seek representation from a law firm that specializes in representing victims of fire damage.

For more than 10 uears, the Brod Law Firm has represented individuals and families injured in fires and has successfully prosecuted fire claims. Our firm will represent individuals and families in claims or injury and property loss resulting from the PG&E gas line explosion. Whether you have been injured, have sustained the loss of a family member, your home, your possessions or were injured in the San Bruno PG&E gas line explosion, our firm is here to help. If you have questions about any fire burn injury lawsuit or property claim, please call us.

Last night a horrifying fire, due to an explosion, swept through the Crestmoor neighborhood in San Bruno. According to the San Francisco Chronicle, fire has been contained and the search continues for possible victims. Officials said the fire was caused by a gas pipeline explosion. Searchers have combed through 75% of the homes destroyed by the blast and there are no residents unaccounted for. But they won't know for certain about additional victims until they search the remaining homes, which are now too hot to enter. At least four people were killed and 52 injured in the explosion and fire.Lt. Gov. Abel Maldonado, serving as acting governor while Gov. Arnold Schwarzenegger is in Asia, declared a state of emergency in the neighborhood. A total of 52 people have been hospitalized, including three with third-degree burns. The most seriously injured were being treated at St. Francis Memorial Hospital in San Francisco. Three victims there have burns over 50 percent of their body, and a fourth has burns over 40 percent.

The site of the explosion is marked by a 30-foot-diameter crater filled with water, while chunks of asphalt and melted cars cover the road. The natural gas pipe that ruptured was laid down 60 years ago. A metallurgist, Ravi Chhatre, with the National Transportation Safety Board will be helping locals investigate what caused the pipeline to explode. Although the safety board is known primarily for investigating plane crashes, it also dispatches teams after major pipeline incidents. According to reports, some residents said they had smelled gas in the neighborhood in the days preceding the explosion and that PG&E trucks had been in the area. Here at the Brod Law Firm, we wonder how the victims of the fire will cope as they try and put their lives back together. More than likely, when the cause of the explosion is confirmed, the lawsuits will begin to be filed. The good news is the Federal Emergency Management Agency has authorized the use of federal funds to help rebuild the community. If you or your family have been the victim of a fire or have question regarding lawsuits due to fires, please call the Brod Law Firm.