San Francisco Injury Lawyer Blog

Serving as a Sacramento pedestrian injury law firm means that our team is particularly aware that auto accidents are all too common in our car-driven culture. The reality of Sacramento pedestrian fatalities is particularly clear after two separate accidents claimed the lives of young adults in the past week.

According to The Sacramento Bee report, the first of these dual tragedies occurred in the early morning hours. At approximately 3:50AM, a twenty-one year old resident of Foster was struck by a car while walking on 113 North in Woodland. The victim was killed in the accident and the driver fled the scene. The California Highway Patrol is looking for witnesses who may have information relating to this fatal hit-and-run.

A second crash, also reported by The Bee, claimed an even younger victim. Sixteen year old Michelle Murigi of Sacramento was hit by a car while crossing Fruitridge Road at 58th Avenue. One eastbound vehicle had stopped to allow the teen to cross but a second car continued through the crosswalk and struck the girl. The crash occurred on Thursday afternoon and Murigi was taken to UC Davis Medical Center. She was placed on life support but succumbed to her injuries and passed away on Friday night. The unidentified driver reportedly said that he did not see the pedestrian and the accident remains under investigation.

Pedestrian fatalities remain a serious problem, despite many efforts to encourage both safe driving and safe pedestrian behavior. According to a report from the National Highway Administration, 4,092 pedestrians were killed in vehicle-related crashes is 2009. This figure represented a seven percent drop from 2008. Notably, between 2000 and 2009, the percentage of traffic deaths involving pedestrians remained fairly steady with pedestrians representing between eleven and twelve percent of all traffic fatalities. This number increases for the youngest victims with pedestrians accounting for twenty-two percent of traffic victims under age five. Weather does not appear to be a primary factor with eighty-nine percent of the pedestrian deaths in 2009 occurring during normal weather conditions. Time-of-day had a much greater statistical impact and sixty-nine percent of the 2009 deaths occurred during nighttime hours. Nearly three-quarters of the accidents occurred in an urban setting. Alcohol is also a significant factor and nearly half of the 2009 pedestrian fatalities involved either an intoxicated driver or an intoxicated pedestrian.

It sounds a bit cliché, but we truly believe that even a single pedestrian death in Sacramento or elsewhere is a death too many. We urge drivers to exercise caution, especially in urban areas where sharing the road is a reality and at night when visibility is an extra challenge. We also urge the families of pedestrian victims to pursue civil litigation after an accident. No amount of money can bring back a lost loved one, but compensation can help survivors pursue help as they grieve and address the economic consequences of the incident. Seeking justice in court also sends a strong message that carelessness will not be tolerated. Our Sacramento wrongful death lawyer is experienced in helping grieving family members navigate the legal system and move forward from tragedy. Please contact us if we can help you and your family in the aftermath of tragedy.

See Related Blog Posts:
Wrongful Death Attorney on Arrest of Driver in Fatal DUI Crash in San Jose
Oakland Accident Law Firm Comments on San Jose Pedestrian Fatality

A story in The Oakland Tribune serves as a disheartening reminder that DUI dangers do not disappear after the holiday season fades away and that Oakland motor vehicle accident fatalities will remain a reality in 2012. As a law firm for Oakland DUI victims, we are saddened by every accident but we are proud to be able to help victims and their families in the aftermath of these tragedies.

Salvador Espino, a fifty-five year old from San Jose, has been arrested and is facing charges of driving under the influence, vehicular manslaughter, and other related violations. Reports indicate that he was driving a 2007 Dodge Caravan erratically, pinballing between the center median and shoulder, while reaching speeds over ninety miles per hour. Espino was driving in the northbound lanes of I-680 between Milpitas and Fremont and, in the area of Scott Creek Road, his vehicle struck two cars before veering off the road and slamming into two trees. The impact was strong enough to shear the right side off of the minivan and topple one of the trees. Espino was not seriously harmed but his passenger, another fifty-five year old man from San Jose, was killed and pronounced dead at the crash scene. The driver was arrested, booked, and taken to Santa Rita Jail on suspicion of numerous counts including an alcohol-related charge.

As Oakland wrongful death lawyers, we recognize that the law cannot bring back a victim who is killed in a senseless auto accident. We advocate for prevention and education because a post-accident lawsuit is always an imperfect remedy. Nonetheless, we believe that it is important for families who have lost a loved one to reach out to experienced legal counsel to discuss their legal rights.

Wrongful death claims are generally filed by the victim’s next-of-kin. These suits are filed in civil court and are separate from any criminal case brought by government authorities. Civil wrongful death suits are focused on compensating those impacted by the accident for their loss. The economic costs of a fatal accident can be very high and a court can award damages to cover these expenses. This can include final medical bills and funeral costs as well as the loss of the victim’s income and the value of any benefit packages carried by the victim. California law recognizes that the loss of unpaid household assistance, including child-rearing, is also a very real economic loss and the value of these services can be included in a wrongful death verdict. Although it is a much harder value to quantify, the court can also award damages for non-economic results of the loss such as the loss of love, companionship, and sexual relations. Where the conduct is especially egregious, a court may also include punitive damages to punish the offender and deter future violations.

Passenger fatalities may raise complex emotions. Where the driver who caused the accident was known to the victim and perhaps to the remaining loved ones as well, the grief of loss can be compounded by a mix of anger and concern for the driver. We appreciate these complexities, having worked with victims for many years. It is important to care for your emotional health and that of your family, addressing both the feelings of loss and the feelings towards the wrongdoer. It is, however, important to remember that legal recovery is your right. It is not selfish. It is not unfair to bring a wrongful death claim against someone your family knows. The losses are real and there is a reason the law provides compensation.

After a loss, please take care of yourself and your loved ones. Please seek any psychological support you may need. Please also protect your legal rights by calling our law firm to discuss your Oakland wrongful death claim.

See Related Blog Posts:
Salon Shootings Result in Civil Lawsuits for Wrongful Death
San Francisco Bay Bridge Accident Sends a Motorcyclist to His Death and Drunk Driver to Jail

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" »

Two elderly women, one of whom was 100 years old, died from injuries after a 90-year-old driver crashed into the San Jose nursing home where they resided, according to sfgate.com. Suzanne Infante, 100 and Esther Bocanegra, 88, were sitting in the common room of Amberwood Gardens at about 9:45 a.m. Saturday when a car smashed through the wall. At the time of the crash, around a dozen people were in the room. Fortunately,not all of them were injured; only four residents and one employee were injured and treated at local hospitals. Initially the two women’s injuries were, for a non-elderly healthy person, not life-threatening, but they were made more serious by their ages. Bocanegra succumbed to her injures on Saturday, and Infante died on Sunday.

Whether or not the age of the driver is the reason this accident occurred, the truth of the matter is that story serves as a reminder thatseniors need to be honest with themselves regarding their abilities and make wise choices about when and where to drive. The number of senior drivers is expected to soar over the next 15 to 20 years, but many adults are reluctant to talk with their aging parents about their driving abilities. According to the National Highway Traffic Safety Administration, more than 30 million senior drivers 65 or older on the road today will soon need to evaluate the physical limitations that may cause them to reduce their driving or seek alternative transportation altogether. Elder Care professionals recommend the following checklist as a guide for determining if an elderly person in your life should alter their driving habits or stop driving altogether. Does the elderly person in your life:
• Drive at inappropriate speeds, either too fast or too slow?
• Ask passengers to help check if it is clear to pass or turn?
• Respond slowly to or notice pedestrians, bicyclists and other drivers?
• Ignore, disobey or misinterpret street signs and traffic lights?
• Fail to yield to other cars or pedestrians who have the right-of-way?
• Fail to judge distances between cars correctly?
• Become easily frustrated and angry?
• Appear drowsy, confused or frightened?
• Have one or more near accidents or near misses?
• Drift across lane markings or bump into curbs?
• Forget to turn on headlights after dusk?
• Have difficulty with glare from oncoming headlights, streetlights, or other bright or shiny objects, especially at dawn, dusk and at night?
• Have difficulty turning their head, neck, shoulders or body while driving or parking?
• Ignore signs of mechanical problems, including underinflated tires?
• Have too little strength to turn the wheel quickly in an emergency, such as tire failure or a child darting into traffic.
• Get lost repeatedly, even in familiar areas?

For most seniors, not being able to drive means they are less independent. For this reason, communities need to learn to work with elders by helping them find the appropriate counseling when they give up driving, and promote senior driver safety through better educations, self-evaluation skills, refresher driving courses, and more options for public transportation. Several organizations have developed special training courses for older drivers. The American Automobile Association, AARP and the National Safety Council offer refresher courses for seniors several states require re-examination if a driver is determined to be unsafe or mentally or physically unfit.

If you or a loved one suffered injuries due to a car accident, regardless of the age of the person behind the wheel of the car that hit you, contact our firm for a free consultation. We have over 10 years experience helping car accident victims and their families receive the compensation they deserve.

On Friday, June 24, an Amtrak train bound for Emeryville from Chicago, crashed in Nevada, killing at least 6 people. It has been reported that a truck crashed into the side of the train, though a team of 18 investigators from the National Transportation Safety Board ("NTSB") has not yet been able to determine how and why the crash occurred. The driver of the truck unfortunately died in the crash, however, leaving certain key questions unanswered.

In California, a party may bring a lawsuit in a variety of venues. Under California law, a party may file a lawsuit in the County where an injury, or the injury causing death occurs, or in the County where the defendants, or some of them reside, at the time the lawsuit is filed. Though this terrible train crash took place in Nevada, an injured person or the loved one of a person whose life was lost in this tragedy, may be able to pursue their claim in the State of California. Speaking with an experienced attorney is the best way to understand your rights. If you, or a loved one has been injured in this terrible Amtrak crash, or in any other train crash, please contact the Brod Law Firm for a free consultation.

Last week a pedestrian was struck while jogging through an intersection at Masonic and Grove. She survived the accident, but the driver managed to break her leg as he slammed into her after running a red light. The accident is one of several that have occurred on Masonic recently. As a result, the San Francisco Municipal Transportation Agency has installed a number of traffic calming measures on Masonic over the past nine months, and additional steps are supposed to be implemented over the next few months. Some of the steps include re-striping badly faded travel lanes, painting directions for motorists to merge where a number of lanes on Masonic change, and painting 25mph on the street surfaces. The MTA has also proposed removing parking spaces and installing separated bike lanes, bike lanes that would be from either a raised curb or soft-hit posts. In addition to all of that, North of the Panhandle Neighborhood Association has officially endorsed, along with the SF Bike Coalition and the community grout Fix Masonic, the Boulevard Option for Masonic avenue, which proposes to turn Masonic Avenue into beautiful tree-lined, safe boulevard. The project would plant 200 trees along the boulevard, improve the sidewalks, paint bike lanes green, and create bulb-outs to allow safer and easier crossing at intersections for pedestrians.

These changes are much needed on Masonic, as the current layout of the street and the many vehicles that travel at high speeds make it frightening for pedestrians and cyclists. Because Masonic is flat and moves north to south between height and the Presidio, it is a main thoroughfare for many pedestrians and cyclists, all of whom should not have to worry about becoming another statistic. But that the worrying will be over soon, and we can all thank the consorted efforts of the San Francisco Bicycle Coalition and Fix Masonic for pushing the SF Municipal Transportation Agency to move ahead with plans aimed at calming one of the busiest and most dangerous streets in San Francisco. If you have suffered an injury while biking or walking in San Francisco, please contact our firm. We have over 10 years experience successfully settling claims for cyclists and pedestrians.

A 48-year-old Oakland man driving to Reno with his family was killed when he crashed and rolled over on eastbound interstate highway 80 in Albany yesterday morning, according to SFGate.com. The man was driving a white Ford Explorer when he suddenly veered to the left, overcorrected, and then lost control. The SUV rolled multiple times before coming to rest. The man was pronounced dead at the scene, while his wife had a broken leg and his children, ages 10 and 12, suffered minor to moderate injuries. The wife was on the phone of the time of the crash. She was talking to family members who were also heading up to Reno. The family members told the CHP that the line went dead and when they called back, there was no answer. When they did get through after a few minutes, they heard sirens and commotion. The CHP are not sure if he was distracted at the time of the crash. They did say, however, there was no indication that alcohol was a factor.

This story brings up an important and forgotten fact about SUV’s: they are not vehicles built for safety. What is more, people die just as often in SUV’s as they do in cars, and people who drive SUV’s are more likely to die in a rollover than someone in a car. The simple truth is that the biggest SUV’s doesn’t make you safer than if you were in a large car or minivan. SUV’s make people feel they are in control and in charge, but that is just an illusion. Even though many more safety features are being built into vehicles today, many can’t afford them. Perhaps some of the newer models are safer, but it is hard to know for sure, as we still don’t see car companies making SUV’s safe in all foreseeable types of crashes, especially rollovers. Here at the Brod Law Firm, we believe the real and only way for a consumer to stay safe is to be an informed consumer. If you or a loved one suffered an injury in a rollover crash, contact our firm for a free consultation. We have over 10 years experience representing clients involved in violent SUV rollovers and can help you receive the compensation you deserve.

A lawsuit has been filed in Alabama federal court over Freightliner heavy duty trucks manufactured by Daimler Trucks North America LLC, a division of Daimler AG. The Freightliner truck lawsuit is seeking class action status and alleges Daimler sold thousands of vehicles with defective rac-and-pinion steering systems. The complaint was filed in the U.S. District Court for the Northern District of Alabama. The lawsuit points out that Daimler has issued voluntary recalls of its rack-and-pinion steering systems. According to the recall notice the left hand inner tie rod may loosen over time and potentially separate from the steering rack under certain conditions, which could cause in the driver to lose control and potenially cause a catastrophic accident.

Here at thehttp://www.brodfirm.com Brod Law Firm we have safety advice for drivers when they approach commercial trucks during their everyday commute. Firstly, you should always be extra alert as you approach a large truck, as their blind spots are difficult to avoid. That being said, the following is a helpful tip for navigating a truck’s blind spot: If you can’t see a truck’s side mirrors, then that means the truck driver can’t see you. Also, you should never pass a truck on the same side it is signaling to turn. Trucks need to swing wide to negotiate turns safely, and the rear wheels follow a shorter path than the front wheels. As a result, you could get cought in the middle of the turn and collide with the truck. In addition, trucks require much more distance to stop in comparison to cars. Forcing a large vehicle to stop quickly can result in a fatal accident, so stay at a safe distance in front of trucks. And you should always use the proper procedure to pass a large truck or a bus on the highway--accelerate slightly and maintain a consistent speed while passing, and wait until you can see the entire cab in your rear-view mirror before signaling and pulling in front of it. Lastly, never attempt to cut off a truck in traffic or on the highway to reach your exit or turn.

If you of loved one suffered an injury due to a collision with a commercial truck, contact our office for a free consultation. We have over 10 years experience helping victims of serious traffic accidents get the compensation they deserve.

Yesterday, a southbound Caltrain struck and killed a man in San Mateo Thursday morning, according to the San Francisco Examiner. Train No. 198 left San Francisco station at 12:01 a.m. and hit the pedestrian on the tracks about 100 yards north of 25th Avenue at around 1am. Authorities are investigating how the man ended up on the tracks. There were 62 passengers on the train at the time of the incident, which continued southbound shortly after 2 a.m. and made all scheduled stops.

When a train accident occurs and you are injured or a family member is injured or killed, you may think that seeking monetary damages is an inadequate form of compensation, but monetary compensation can help pay for the medical bills and living needs of the train accident victim’s family. Victims injured by a train need to prove, with the aid of an attorney, that the defendants failed to act in a carful manner when they had a duty to do so and that the accident caused their injuries. Since each train crash is different, and each victim’s injuries and losses are unique, the types of damages available in each train crash will be different. An attorney can help you decide which kind of damages you should seek, such as medical bills and health care costs, future health care costs, property damage, impaired earning capacity, lost wages, pain and suffering, life care, and wrongful death. And because each train accident is unique, as they can have a single cause or multiple causes, a qualified and experienced attorney can decipher, with the help of accident reconstructionists, engineers and other experts, all the parties that can be held liable for a victim’s injuries.

Here at the Brod Law Firm, we have litigated and settled a large number of personal injury claims on our clients’ behalf, and we are able put our legal expertise to work on any personal injury case, including train accidnets. If you or a family member suffered an injury due to the negligence of another, please contact our firm. Our firm will work hard on your claim to get you the compensation you deserve for your injuries, and we will fight on your behalf in court when a settlement is not possible

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

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

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

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

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

The parents of the 22-year old Nils Yannick Linke, the young man who was killed on Masonic Avenue last August after being run down by a negligent driver, have filed a wrongful death lawsuit. The complaint describes the sad details of the accident, from the behavior of the two defendants before the accident to their behavior after the accident --when they left the defendant for dead. The story goes like this: At approximately 7:30p.m., defendants and over the following two hour time period consumed alcoholic beverages including two bottles of wine, a champagne cocktail, a beer, and two shots of liquor. The defendants left the restaurant at approximately 10 p.m. and drove while intoxicated. After striking Nils the defendants got out of car and saw Nils lying in the street, convulsing and bleeding. At that point they moved the bicycle to the sidewalk and returned to the car without rendering aid to Nils. Then they fled the scene at a high rate of speed, without contacting emergency personnel. Shortly after, they were stopped by the police, whereby they performed a driving under the influence investigation. Even though it had been two hours since the accident, it was determined that the defendant’s blood alcohol level was 0.10, and also tested positive for cannabinoids.
The parents allege that the defendants acted with conscious and deliberate disregard of the rights, safety, and interests of others by voluntarily commencing and thereafter continuing to consume alcoholic beverages to the point of intoxication knowing from the outset that one of them must thereafter operate a vehicle. They also allege that because of their negligent, careless, reckless, wonton behavior and that because they decided to unlawfully drive and operate a vehicle, that they be held liable for general, specific, and punitive damages; for interest to the extent allowable by law; for the costs of the suit; and for such further relief as the Court may deem proper.

Here at the Brod Law Firm, we don't feel there is really anything left to say, except that we hope Nil's family is fully compensated for there loss and that they are able to move past this tragedy in there own time.

If your loved one died due to the negligence of another person or if you have questions regarding wrongful death and personal injury law, please contact our firm. We have over 10 years experience handling wrongful death cases and know how to win you the compensation you deserve.

Another story of nursing home abuse has made the headlines again. This new story took place in Fair Oaks, California. According to the Sacramento Bee, a man named Sean Suh installed a video camera, referred to as a “grannycam,” beside his grandmother’s bed at the time she moved into residential care. He did so because he wanted to make sure that the staff was aware that his grandmother, Kyong Hui Duncan, was being watched and that her family cared for her. Sadly his grandmother, who was 73, died from a variety of problems that, as Shu sees it, were a direct result of abuse she suffered at Fair Oaks Residential Elderly Care.

Suh found the "grannycam" unplugged during many of his visits to his grandmother--and is the main reason the family was seeking a new facility. Shu did recover a short video in which a staff member is seen violently shaking Duncan while in her wheelchair. That clip is the major reason for California’s decision to shut down Fair Oaks and the civil lawsuit filed by Duncan’s family in which abuse, neglect, and wrongful death are alleged. When his grandmother began presenting with gashes and bruises and was apparently “drugged,” Suh sought a new home, but when he found a new place, and then he received a the call that she had passed away.

Suh’s complaint led to an investigation, which then led to an order by California Department of Social Services to shut down the facility. The State of California is seeking permanent revocation of the home’s license. The evidence and allegations against them are damaging. One piece of evidence is a video showing a staff member move Duncan to her wheelchair, then dump the chair backward while shaking the wheelchair. Other allegations are that staff did not appropriately restrain Duncan and neglected to respond to her in a timely manner after she fell. There were also occasions in which Duncan suffered from bruises and untreated infections. Her autopsy report showed toxic narcotic levels that indicated there was at least one drug in her system that had never been prescribed by her doctor. The lawsuit charges that a combination of factors ultimately contributed to Duncan’s death. Other accusations against the facility include fire code violations, inappropriate disposal of contaminated needles, forging prescriptions, and using expired prescription medications.

If you or a loved on has suffered injuries due to abuse at a nursing home or if you have questions regarding elder abuse law, please contact our firm.

After almost six years since the attacks, thousands of rescue workers and volunteers are sick after being exposed to toxic dust at Ground Zero, such as the ironworkers who volunteered on the heap of rubble for days and are now sick and/or dying of lung disease. This happened despite the Agency for Toxic Substances and Disease Registry's (ATSDR) warning on September 12 that there were significant asbestos readings in the air. The good news is that on Wednesday of last week Congress passed and the President reportedly signed the James Zadroga 9/11 Health and Compensation Act of 2010. The bill states its purpose is to “establish the World Trade Center Health Program (WTC Program) within the National Institute for Occupational Safety and Health to provide:
“(1) medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers (including those who are federal employees) who responded to the September 11, 2001, terrorist attacks; and
“(2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers in New York City who were directly impacted and adversely affected by such attacks.”

In other words, this is healthcare for World Trade Center for all those responders sickened by toxic dust at Ground Zero. However, in order to get the James Zadroga 9/11 Health and Compensation Act past any unessasary obstruction in the US Senate, the bill was scaled back significantly. The original draft of the bill asked for a 10-year, $7.4 billion treatment and compensation package; the new version asks for 5 years at $4.2 billion. It also reopens the 9/11 Victims’ Compensation Fund to the responders, but it caps lawyers' fees to 10 percent. The passage of the Zadroga Act is especially important to the 325 Ground Zero responders who were left out the recently approved World Trade Center Toxic Dust Settlement. The $4.3B billion package is an important action to support the 9/11 first-responders and volunteers injured-or handed out death sentences-- after working at Ground Zero, but we wonder if it will be enough.

If you or your loved one became sick due to exposure to toxic substances and would like to know if you have grounds to file a claim, please contact our firm. We have over 10 years experience working with victims of toxic substances, and, if you have a case, we will work hard to get you the compensation you desrve.

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

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

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

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

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

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

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

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

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

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

German scientists have unveiled a self-driving car. They say that the days of humans behind the wheel are numbered, that the cars of today are the horses of yesterday, and that this new technology can slash accidents and help the environment. In addition they claim this new technology will sharply reduce the number of cars on the road, suggesting that people will no longer need their own vehicles so much and will used driverless cars pooled in car-share schemes, instead. They predict that the new technology could be applied to private areas like airports in 10 years, on motorways in 10-20 years, and in cities (once all the obstacles are removed) in 23-30 years. The cars, called the “Made in Germany (MIG), use cameras, laser scanners, heat sensors and satellite navigation to see other vehicles, cyclists, and pedestrians, and respond to traffic lights.
Google engineers have recently introduced their own driverless car that uses artificial-intelligence software that can sense anything near the car and mimic the decisions made by a human driver. So far seven test cars have driven 1,000 miles without human intervention, although someone was behind the wheel in case something went awry, and more than 140,000 miles with only occasional human control. Google’s researchers do not have a clear plan on how to create a business plan using the cars, but the project's inventor, 43 year old director of Stanford Artificial Intelligence laboratory, Google engineer, and co-inventor of the Street View mapping service, is a passionate promoters of the use of robotic vehicles to make highways safer and lower the nation’s energy costs, which also happens to be a commitment shared by Google’s co-founder Larry Page.
Here at the Brod Law Firm we think these cars are a great idea in regards to public safety. For example a human can only see one or two cars in front of them, while these driverless cars can see in all directions at a range of 70 yards. At the same time however, it still remains to be seen how reliable they will turn out to be. Also this technology brings up legal questions. Current law currently states that a human must be in control of a car at all times. So what does it mean if a human is not really driving the car, say, when the car malfunctions and gets into an accident? Google researchers claim to have figured that one out; they say they have carefully examined California’s motor vehicle regulations and determined that because a human driver can override any error, the experimental cars are legal.

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.

http://www.brodfirm.comAccording to the californiabeat.com, three major traffic incidents that involved MUNI vehicles left one man dead, several passengers injured and delayed service for hours in different parts of San Francisco Saturday. The first accident happened in Chinatown after a 8X-Bayshore Express bus collided with a 30-Stockton trolley coach near Stockton and Clay Streets at around 11:00 a.m. The driver of the 8X bus left the coach to inspect a faulty wheelchair lift when the bus suddenly rolled backwards down Stockton St. until it collided into the side of the 30-Stockton bus. The bus rolled into a collection of street-side newspaper racks and a mailbox before it came to a complete stop on a sidewalk. Several passengers aboard both buses were treated for minor abrasions. No one was seriously injured in the accident.

Then at approximately 3:00 p.m., Pacific Gas and Electric crews reported a downed wire that fell onto MUNI’s overhead trolley wires at 25th & Mission Sts. in the Mission District. The failure of the wire caused a large power outage that knocked out electricity to approximately 6,500 customers in the neighborhood. No one was injured in the power line collapse. The third incident happened around 6:00 p.m. when a 47-Van Ness MUNI bus struck a pedestrian as it was pulling into the northbound bus stop outside a Walgreens drug store at Van Ness and Market Sts. The pedestrian was pronounced dead at the scene. Witnesses claim the man intentionally stepped in front of the bus when it approached the bus stop.

Injuries sustained in city bus accidents are frequently caused by passengers being thrown around in the bus, due to the fact that passengers are not appropriately restrained, and can range from cuts and bruises, whiplash and fractures, to serious head injuries and injuries that result in brain damage, paralysis, loss of limbs and even death. If you or a loved one has been injured as a passenger in a city bus accident, then you have the right to make a claim for personal injury compensation on a no win no fee basis. As a victim, you can obtain personal injury compensation for your injuries and for any costs incurred. If you have questions regarding how California law protects public transport passengers, please call our firm.

The FDA has updated the warnings and precautions sections of the prescribing information for Afluria to inform healthcare professionals that the Afluria vaccine has been associated with an increased incidence of fever and febrile seizure among young children (according to confirmed reports in Australia), mainly among those younger than 5 years. Also according to the FDA, various investigations into the cause of the febrile seizures seen with Afluria vaccine are still ongoing. The FDA is collaborating with Australia’s regulatory authority, other international regulatory counterparts, and CSL to obtain additional information, stay apprised and take part in the investigations. The FDA and the CDC are working together and are closely monitoring the continued safety of influenza vaccines. Both Healthcare professionals and patients are being encouraged to report adverse events or side effects related to the use the influenza vaccines to the Vaccine Adverse Events Reporting system, the national vaccine safety surveillance program co-sponsored by the CDC and FDA.

In 1986 Congress created the National Vaccine Injury Compensation Program (NVICP) to award compensation to individuals who suffer vaccine injury. Even though vaccines undergo rigorous reviews to ensure safety, numerous lawsuits have been filed alleging injuries from vaccines. These types of lawsuits typically allege either that the drug manufacturer failed to properly warn of side effects, that the drugs were inherently unsafe, or that the manufacturer or the FDA was negligent in testing the vaccine safety. There is still much debate about whether flu vaccines helps or not, or even if it is safe. Any person not sure about whether or not they should take the flu vaccine should talk with a health care professional about their concerns and the risks involved, and if they decide to be vaccinated, they should take the flu vaccine from a licensed healthcare professional.
If you believe you have been injured by a vaccine or a prescription drug, you may be able to file a claim seeking compensation for related medical expenses, pain and suffering and future lost earnings. Contact the Brod Law firm for more information about legal claims that may be available to you.

Apropos my last blog, there are two other projects underway in the City of San Francisco that focus on the safety and well-being of both its residents and visitors. One project, adopted by the Board of Supervisors on February 6, 2006 and appropriately called Better Streets, is a joint effort by several city agencies to improve the design of San Francisco's streets and sidewalks and was. Since that time, Better Streets has created a collection of street types which are a great improvement over our current automobile-centered street scheme and focus on the appropriate use of land (i.e. residential, commercial and industrial), the efficiency of street width and the street's role in the transportation system. The highlights and benefits that stand out most to us here at the Brod Law Firm are the ones that focus on safety, though there are many others--such as its support of neighborliness, civic interaction , community identity, and the enhancement of the quality of life for San Francisco’s residents and local businesses—and they are:
• The Design of sidewalks and medians, pedestrian safety and accessibility features, ways to mange storm water in the right-of –way, design and placement of streetscape elements such as street trees, lighting ,benches, and more
• Decreased likelihood of pedestrian/auto collisions injuries and fatalities
• Increased accessibility for all street users, create settings that make it safe and easy to be physically active and enhance the everyday quality of life for San Francisco Residents.
• Increased Space for public life, including safe useable public seating for neighborhood gathering, generous curb extensions for seating and landscaping , reclaiming of excess street space for public use, space for outdoor café and restaurant seating and merchant displays.
• The Integration of pedestrians with transit and available transit rider amenities at key stops.
• Safe convenient pedestrian routes to transit mutual features that benefit pedestrian safety and comfort and transit operations such as bus bulb outs and boarding islands.
• The promotion of public safety, an ‘eyes on the street ‘ approach that will enhance residents sense of safety and security from crime and violence.

The other project called the Valencia Streetscape Improvements Project spans from 15th Street to 19th Street and is intended to provide a safer, more inviting environment for its users. Back in 2004, the Municipal Transportation Agency (MTA) secured an Environmental Justice Grant from Caltrans to develop a Pedestrian Safety Plan for Valencia Street. The MTA held four meeting in 2004-2005 in the community, whereby the community expressed a strong desire to widen the sidewalks along Valencia Street and improve the streetscape. Then in spring 2006, MTA Planning and the Department of Public Work’s (CPW) Great Streets Program teamed up to create a collaborative vision for all users of Valencia Street. Eventually the project secured funding through a multi-year federal transportation bill, two federal Transportation for Livable Communities (TLC) grants and local support. Last month the project began and will move block by block over the next nine months, during which time the Department of Public Works crews will: remove the striped center median, widen the sidewalk, add bulb-outs at some intersections and in the middle of some blocks, and add pedestrian scale lighting, art elements, bike racks (assuming the injunction mentioned in my last blog is lifted), and new street trees, widen Parking lanes to prevent dooring of bicyclists, and add curbside loading zones for trucks.
As we move into the future, a future concerned with global and environmental issues, we consider all these changes to our city’s streets—especially those concerned with safety-- critical not only for our city but for the all communities everywhere that want to create sustainable living environments . By redesigning our city around public transportation and creating walkable and bikeable streets, we can change our city into a safe, healthy, livable and affordable one, thereby providing an example to other cities here and around the globe interested in doing the same.

Every year there are people who are needlessly injured due to accidents involving holiday festivities. And every year the public is urged to use caution while preparing for festivities during the hectic holiday season. Accidents run the gamut from bumps and scrapes while running errands or shopping; to traffic accidents while racing to the airport or while driving on a crowded road with other drivers who may have illegal blood alcohol levels; to falls, cuts, electrical shocks and burns from putting up holiday decorations. However, there are some accidents that no one can foresee or prepare to avoid. An example of this type of accident occurred recently and involved a security guard who was trampled to death by customers at a Walmart in New York over this past thanksgiving holiday. Tragically, Jdimytai Damour, age 34, who was hired by a temporary agency to serve as a security guard for Walmart, died of asphyxiation when a crowd of customers, eager to purchase discounted items, crushed him as they busted through the doors for the start of the day after Thanksgiving sale.

Ironically, this poor young man needed protection from the public he was hired to protect. Why wasn’t anyone around to protect him? This is the question that this young man’s family will be asking in part of a wrongful death case they have filed against Walmart. Attorneys for the plaintiff’s family accuse Walmart of failing to provide a safe workplace and creating an atmosphere of chaos, both of which the plaintiff’s attorneys believe Walmart had an awareness, as they had erected barricades at the front entrance due to past experience with problems involving holiday crowds. According an article by the Associated Press, the lawsuit claims that Walmart “engaged in specific marketing and advertising techniques to attract a large crowd and create an atmosphere of frenzy and mayhem and was otherwise careless, reckless and negligent”. Here at the Brod Law Firm, we agree with the plaintiff’s attorneys regarding Walmart’s reckless and negligent conduct. As in any wrongful death case, even if there was no direct intention by Walmart to harm, Walmart can be held liable in part, if not entirely, for the death of the victim. A wrongful death suit probably can’t take away the grief the victim’s family members feel, but we hope, that by proving Walmart is in some way accountable for the death of this young man, the lawsuit can ease some of family’s confusion and suffering.