hq10wzrq2lo-nick-tiemeyer-300x200When renting in California, you are bound to encounter some old and slightly rundown apartments. If you are a tenant in the same unit for a few years, you will likely be the one to discuss something that is broken or in a potentially dangerous condition. If your landlord is responsive, you should not have to deal with a problem for long. However, if your landlord is interested in fixing as little as possible and willing to skirt the law on a few issues, then you may have a problem on your hands. In many situations, you have the right to demand your landlord fix a problem. If he or she does not, you may be able to repair the issue and deduct the cost from the rent or move out. However, before you try to take matters into your own hands, consider the extent of the problem and your actual rights.

Your Implied Warranty of Habitability

Under California law, your landlord is required to maintain your apartment in a way that ensures it is safe and livable at all times. This is known as the implied warranty of habitability. It is not a guarantee you receive through an oral or written lease. Instead, an implied warranty is a promise inferred to you by law. No matter what the landlord says, he or she cannot take away your right to a habitable rental unit.

Waste_signHousehold products have evolved a great deal in recent years. Cleaning has increasingly become about power and efficiency. The faster we can clean up a mess or finish with a chore, the better. These products also cannot entirely escape the “cool” factor. They need to catch our eyes so we grab them off the shelves and want to buy them over and over. All of these factors have led to cleaning supplies that look like food or candy, making them enticing to children. Unfortunately, more modern packaging has increased the number of poisonings, side effects, and injuries in children across the nation. If your child was hurt due to a cleaning product that too closely resembled food or candy, you may want to contact a San Francisco product liability attorney at Brod Law Firm to learn about your right to recover compensation.

Hundreds of Children are Poisoned Every Day

According to the U.S. Centers for Disease Control and Prevention, more than 300 children in the U.S. are treated in emergency rooms every day as a result of poisoning. Two die each day. These poisonings result from children ingesting all types of household items and cleaners, not just obvious chemicals. Children can be severely injured or killed due to eating or drinking medications, cleaners, detergents, nail polish and removers, makeup products, animal and insect repellants and poisons, alcohol, and vape or electronic cigarette liquids.

GoCar_San_Francisco-300x200A driver and passenger of a rented GoCar in San Francisco were involved in a collision mid-January, according to Mission Local. The two individuals were injured after they collided with a Toyota sedan on 24th Street, throwing them from their three-wheeled, open-air vehicle. Some witnesses state the GoCar driver may have run a red light and clipped the front end of the Toyota. However, the police will thoroughly investigate the situation to determine fault and whether any charges are appropriate. While everyone in this accident may have walked away relatively unscathed, this incident raises the question: Whose insurance covers crashes caused by GoCar drivers? If you were injured in an accident with these small rented vehicles, do not hesitate to reach out to a San Francisco personal injury attorney of Brod Law Firm.

Filing an Insurance Claim After an Accident

If you know the driver of the GoCar vehicle was responsible for the crash that led to your injuries, you should speak with an experienced personal injury attorney about the best way to recover compensation. Once you have evidence that the GoCar operator was at fault for the collision, you will need to determine the most appropriate insurer to file a claim with.

b3ims-0adiw-frantzou-fleurine-300x140There may come a time when you need to admit a loved one into a nursing home. Despite your care and commitment to your spouse, parent, or other family member, you may not have the skill, experience, or time necessary to truly take care of them. When a nursing home becomes a necessity, you want to make sure that you choose the best facility possible. By doing your homework and taking the time to shop around, you may be able to avoid having your loved one become a victim of elder abuse. Unfortunately, elder neglect and abuse is common across the state. It can greatly reduce your family member’s quality of life, lead to additional serious medical conditions, and directly cause their death. To find a quality facility in California, follow these steps:

Check the Facility’s State License

The California Department of Public Health (CDPH) Licensing and Certification program is responsible for ensuring that nursing home facilities in the state comply with all state laws. You can look up licensed facilities online. The CDPH provides information on the facilities ownership, certifications, performance, complaints, and any state action taken against it. If a facility does not appear on the site, it may not be licensed by the state and should be avoided.

aowellzmpzm-gor-davtyan-225x300As a renter in the San Francisco Bay Area, you have probably heard the term “implied warranty of habitability” thrown around by friends, neighbors, and even lawyers on TV. However, without a thorough understanding of what this means, you are not truly able to protect your tenant rights and hold your landlord responsible. Instead of ignoring or half understanding legal jargon, take an in-depth look at this concept and what it means for you:

Defining a Warranty

Warranty is a legal term for a promise or guarantee. All contracts, including residential leases, are essentially made up of warranties. When you sign a written lease or agree to an oral lease, both you and the landlord make express and implied warranties. Your landlord guarantees that he or she will perform certain actions, such as provide you keys to the apartment and make repairs when needed. You promise that you will pay rent in the agreed upon amount at the agreed upon time in exchange.

gbvrye4prlk-kate-300x200According to the U.S. Centers for Disease Control and Prevention, 21 million individuals in the U.S. have been diagnosed with diabetes and another 8.1 million go undiagnosed. A small percentage of these individuals have Type 1 diabetes, while the more significant portion of Americans have Type 2 diabetes brought on by obesity and other lifestyle factors. Considering the proportion of Americans with diabetes, it is no surprise that many elderly individuals in nursing homes need their diabetes properly maintained to avoid injury. Undiagnosed or improperly treated diabetes can lead to devastating consequences, including death. If you believe nursing home staff over- or under-treated your parent’s diabetes causing an injury, contact a San Francisco nursing home neglect attorney at Brod Law Firm today. Your parent’s situation may be protected by California’s elder abuse and personal injury laws.

Avoiding Hypoglycemia

For elderly individuals, particularly those with diabetes, it is crucial to avoid hypoglycemia, which is when a person has detrimentally low blood sugar. A normal blood sugar level ranges from 70 to 110 milligrams per deciliter. A diabetic patient’s goal depends on a number of factors and should be set and monitored by a physician. Hypoglycemia can occur when patients are administered too much insulin or another drug that lowers blood glucose levels.

800px-BladeCuisinart-300x198You likely use metal kitchen utensils all the time. You would hardly think twice of using a metal knife. In the same way, it is entirely normal that a blender or food processor has metal blades. You use metal implements to cook and bake because you expect the material to be strong, sharp, and resist wear and tear. However, as a Cuisinart product proved, you can encounter kitchen tools made with inferior metal parts that lead to dangerous situations and injuries. Conair recently recalled approximately 8 million Cuisinart food processors because of reports that pieces of the blades were breaking off into food. Conair received 69 reports of broken blades, 30 of which included information about tooth injuries and lacerations inside the mouth, the Consumer Product Safety Commission reported.

If you have been injured due to a defective productive like the Cuisinart food processor, you should speak with an attorney about bringing a product liability claim in court. California product liability law is complex, and it is best to have an experienced lawyer on your side if you need to recover compensation.

Understanding Product Liability Claims

upmisxb0wd0-srikanta-h-u-300x169Between Oct. 2015 and Sept. 2016, the Department of Justice (DOJ) won more than $4.7 billion in judgements and settlements from civil fraud and false claims against the government, a DOJ press release stated. This recovery is from cases brought under the False Claims Act (FCA), including qui tam claims in which a whistleblower brings to light a fraud being perpetrated against the government. The amount is particularly important to note since it is the third highest recovery for a fiscal year since the FCA was enacted. It is also crucial in the sense that it confirms the effectiveness of qui tam cases and other claims brought under the FCA. The legal protections and incentives for whistleblowers to come forward enables the government to stop fraudulent schemes and return funds back to programs that support low-income families, veterans, and the elderly.

Fraud is Common within the Health Care Industry

Fraudulent claims within the health care industry cost the government billions of dollars. The DOJ reported $2.5 billion was recovered for the federal government in relation to this sector from hospitals, physicians, nursing homes, labs, medical device companies, and drug companies during the 2016 fiscal year. Additionally, a total of $19.3 billion has been won in health care fraud claims since January 2009. The recovered funds go back to federally funded medical programs such as Medicare, Medicaid, and TRICARE.  

102abqkkhby-rezaul-karim-200x300A vehicle crashed into a Muni bus stand, injuring 10 people, several of them critically. The accident occurred on Stockton Street in Chinatown. The crash is under investigation. According to reports, the crash happened when a driver lost control of her vehicle. First, the car hit a parked vehicle and a moving car before careening into the bus stop enclosure. The crash happened on December 22, 2016.

Injuries Due to the Crash

Many people suffered serious injuries as a result of the accident. Reportedly, injuries included broken bones, head and neck injuries, and back injuries. An elderly woman suffered fractures to her pelvis, ribs, and leg. Most victims are expected to make a full recovery, but several were initially listed in critical condition with life-threatening injuries.

p_pnznnd7-y-ashim-d-silva-300x200A Google charter bus traveling in Saratoga struck and killed a woman last week. The woman was walking to a bus stop when the bus reportedly turned the corner and hit her. The accident occurred at the corner of Fruitvale Avenue and Athletics Way on the campus of West Valley College in Saratoga. The bus is owned by Storer Coachways and is used to transport employees to and from the parking lots at the community college.

Weather Conditions May Have Played a Role

An investigation into the cause of the accident is ongoing. However, initial reports indicate that there were strong winds and heavy rain at the time of the accident, which happened at 5:15 PM on January 3, 2017. The woman was taken to a nearby hospital where she was pronounced dead. The bus company issues a statement of condolence to the woman’s family. It is not known whether the woman was in the crosswalk at the time of the accident.