bernard-hermant-663480-unsplash-copy-200x300If you have ever purchased a product from the store that ended up not working or, even worse, injured you because it was not working properly, then you have experience with a product liability case. There are several different types of product liability, and the one least talked about is failure to warn. In California, if a consumer purchases a product with a warning defect and is injured by the product as a result, the consumer may have recourse against the manufacturer, distributor, or seller for both compensatory and punitive damages. If you have been injured by a product as a result of a warning defect, call Brod Law Firm at (800) 427-7020 to speak with an experienced product liability attorney today.

Three Things You Should Know About California’s Strict Warning Defect Laws

  1. There are seven elements that need to be met in a warning defect claim.

sam-poullain-435864-unsplash-copy-300x169The newest wave of ride sharing comes not in the form of cars or bicycles but rather in electric scooters. Dockless e-scooter companies like Bird, LimeBike, Jump, and others have found their homes in California and are expanding all across the country. With the advent of this entertaining and convenient form of transportation, however, comes a new wave of potentially dangerous activity and injury. Learn how to stay safe while riding these e-scooters by recognizing common causes of e-scooter injuries and by following the tips listed below.

Read the Instruction Manual

If you purchase an e-scooter for personal use, make sure you read the instruction manual before attempting to operate the scooter. Many e-scooter injuries occur because users do not know how to use the scooter properly.

axel-dadure-641255-unsplash-copy-200x300On Wednesday, June 27, two people were seriously hurt when a car crashed into a pedal cab at Embarcadero and Sansome Street in San Francisco and fled the scene. A second pedal cab then crashed into the first pedal cab. The pedal cabs were carrying a family of four. Police are still investigating the case and searching for the car, which has been described as a light colored sedan.

If you were injured in a hit and run accident, do not wait to ask for legal help. The personal injury lawyers at Brod Law Firm have years of experience handling hit and run claims. By calling us, you will have an experienced attorney fighting for your rights. Contact Brod Law Firm online or call us at (800) 427-7020.

California Hit and Run Laws

todd-quackenbush-222-copy-300x183California law requires that landlords make residential rental properties habitable, that is, livable for tenants. In other words, the landlords must ensure that rented houses and apartments are safe.  The sections of California law that deal with the subject of habitability are Civil Code 1941.1 and Health and Safety Code 17920.3. Since almost any kind of damage to the structures of the rented residential property or any infestation by pests could make the property unsafe if the damage is not repaired or if the pests are not removed, it is not possible for the legal code to list every possible safety hazard that constitutes grounds for a landlord/tenant lawsuit. In general, the most serious hazards are the ones that have to do with insect infestations and toxic mold. If your landlord has allowed the property you rent to become unsafe, contact an attorney dealing with habitability issues.

Is Your Rented Apartment or House Habitable?

Anyone who has lived with a roommate knows that “sufficiently clean” can be a subjective measure. California law is clear, though, that landlords must ensure that rented properties are safe before a tenant suffers a serious injury or illness because of the poorly maintained property.  These are some problems that can be the basis for habitability disputes.

jeremy-wong-298986-copy-300x200Title 22 specifies the standards according to which California nursing homes must adhere. Many of the standards aim to preserve the patient’s level of health and independence, even when it means more work for the nursing home staff. For example, it stipulates that patients must get enough exercise to preserve their mobility.  In practice, this means that nursing home staff should provide walking assistance to patients who can walk with assistance rather than transporting them in wheelchairs. Likewise, it prohibits feeding tubes for patients who are capable of oral feeding, even if they require assistance with feeding. In general, it requires nursing homes to provide patients with the kind of health maintenance care that it would be difficult for them to get outside the nursing home. Therefore, when a nursing home unjustly evicts a patient, and the patient loses the state of health that she had been able to maintain while living at the nursing home, it could be a case of elder abuse. This issue is at the center of a lawsuit currently being argued in California courts.

Details of the Case

A nursing home in Sacramento, California sent a patient to the hospital for a psychological evaluation after she reportedly began behaving aggressively at dinner and throwing table utensils. Physicians at the hospital examined the patient and determined that she was fit to return to the nursing home; in fact, they did not find anything wrong with her. They sent her back to the nursing home, but it refused to re-admit her. According to California law, nursing homes are required to reserve a patient’s bed for seven days when a patient is hospitalized. Likewise, the nursing home did not give her advance notice before she went to the hospital that they would not let her back in when she returned, which is also a violation of the rules.

milind-kaduskar-87650-copy-300x300Why are people so afraid of bed bugs? Unlike mosquitoes, bed bugs cannot transmit malaria.  Unlike termites, bed bugs cannot destroy the wooden structures in your house. Unlike bees, bed bugs do not transmit deadly venom. Despite the dangers they do not pose, bed bugs are among the most troublesome pests found in the United States. Eradicating them from your apartment and possessions and preventing future infestations can be a herculean task, but in rental properties in California, it is a landlord’s legal obligation to deal appropriately with bed bug infestations. If you are renting a residential property, and your landlord has failed to take adequate measures to remove the bed bugs, despite your repeated requests, consult an attorney who works with landlord-tenant law cases related to habitability.

Recent Bed Bug Lawsuits in California

In the past year, courts in the State of California have issued several rulings in favor of tenants who complained of bed bug infestations in their rented apartments and houses. Here are some recent California cases involving bed bugs.

parker-byrd-139348-copy-300x200With the rise of the freelancer economy, workers, employers, and lawmakers have all faced questions of who is truly an employee versus and independent contractor. For the past few years, employers have erred on the side of classifying workers as independent contractors. It saves them money since they do not have to offer health insurance, other benefits, or pay taxes on those workers. However, it puts the contractors at a distinct disadvantage since they pay additional taxes and are forced to purchase their own health insurance policies. They also miss out on important employee rights, including workers’ compensation insurance. Not to mention, many freelancers face difficulties saving for retirement without employer-sponsored plans.

This year, a case made its way to the California Supreme Court posing an important question regarding how workers can and should be classified. The court took a worker-friendly approach, which will make it harder for companies to classify workers as independent contractors.

If, under California’s new rule, you believe your employer is misclassifying you as an independent contractor, contact a San Francisco employment attorney at Brod Law Firm.

mike-wilson-175347-225x300As rents in certain areas of the country skyrocket, more and more tenants are asking why there is not some – or a better – form of rent control. As of right now, most landlords can increase the rent as much as they like as long as they give proper notice. One of the reasons for this in California is the Costa-Hawkins Rental Housing Act, which was passed in 1995. The Act imposes limits on the kind of rent control policies cities can adopt. However, a measure to repeal the Act may be headed to the next November ballot in California.

The Costa-Hawkins Rental Housing Act

There are a few significant provisions with the Act that many tenants believe are harmful in today’s real estate market. The Act bans cities from using rent caps on any unit built after February 1995. This a majority of apartments in California’s major cities cannot be rent controlled. All of the new development going up in cities like San Francisco can have exceedingly high rents and there is little local governments can do about it.

hogarth-de-la-plante-17754-copy-300x179On Monday, April 30, a California Highway Patrol (CHP) vehicle was parked on the right shoulder of I-80 in Fairfield. It was struck from behind by a white Mitsubishi Mirage prior to 3:40 p.m. The Mitsubishi driver and two passengers, one seated in the back and the other in the front passenger seat, were all seriously injured and taken to a local hospital. The CHP officer suffered moderate injuries. The accident is currently under investigation. If the Mitsubishi driver is found to be at fault, then the injured parties may file a personal injury claim against the driver and their insurance policy.

If you were injured in a crash in California, do not hesitate to ask for legal help. The personal injury lawyers at Brod Law Firm have years of experience handling car accident claims. By calling us, you obtain an experienced and knowledgeable advocate who will fight hard for your right to compensation. Contact Brod Law Firm today online or by calling (800) 427-7020.

Common Causes of Rear-End Accidents

petra-cigale-128139-unsplash-copy-300x200The U.S. is dealing with a large outbreak of E. coli O157:H7 associated with romaine lettuce, and a few states, including California, have been hit particularly hard. The initial announcement from the U.S. Centers for Disease Control and Prevention (CDC) regarding an outbreak of E. coli took place on April 10. As of the initial announcement, 17 individuals in seven states had been affected. Their illnesses had developed between March 22 and 31. Of those individuals, six had been hospitalized. One individual had been diagnosed with hemolytic uremic syndrome, which is a type of kidney failure and one of the more severe potential side effects of an E. coli infection. Since April 10, the outbreak has worsened.

Information as of April 25

The CDC reports that, as of April 25, 84 cases of E. coli infection have been linked to romaine lettuce produced in or around Yuma, Arizona. Individuals affected are spread across 19 states. There have been no deaths, though 42 people have been hospitalized and nine have developed hemolytic uremic syndrome. California has had 13 residents affected by the foodborne illness. The only state hit harder is Pennsylvania with 18 infected individuals.