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At The Brod Law Firm, we represent victims of sexual assault in San Francisco in civil damages lawsuits. As a quick reminder, the civil law system is distinct from the criminal courts and allows a victim to file a claim for damages against an individual or entity responsible for causing harm to the victim. These suits proceed separately from any criminal charges brought by prosecutors. In the sexual assault arena, a civil lawsuit allows a victim to seek damages for both physical and psychological injuries. The amount of monetary damages in these cases can (and, given the lifelong consequences of sexual assault, should) be high, much more than could ever be realistically recovered from an individual offender. This makes it crucial for a victim to consider all parties that bore responsibility for the sexual assault. Helping victims do so is a key part of our job in these cases, cases that are always close to our hearts.

Appeals Court Rejects Liability of City for Assault Committed During Educational Program

As detailed in an article in the San Francisco Chronicle, a recent holding in a state appellate court clarified the contours of the ability to sue a municipality in connection with a sexual assault and, more generally, the ability to hold an employer responsible for the acts of an employee. According to the court, Jorge Cruz coerced a seventeen year old identified as Kassey S. to have sex with him in 2007. Cruz, a Turlock police officer, entered a no contest plea in the criminal case and the court sentenced him to sixteen months in prison on three counts of unlawful sexual conduct with a minor. The teen had been taking part in a police department explorer program through which young people learn about law enforcement careers. The assaults occurred during one-on-one ride-alongs with the on-duty officer. Although Cruz claimed the sex was consensual, it was still against the law due to the young woman’s age. Kassey later filed suit against the city of Turlock, alleging it was responsible for the actions of its employee. A county court dismissed her case and the appeals court affirmed the decision.

Vandalism perpetrators range from young schoolchildren who innocently write on school ground walls to immortalize/etch themselves so others will ‘know’ they were there to more unfortunate and harmful instances where property of both public and private individuals are damaged. Under California law under Penal Code 594, vandalism occurs when if a person “maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law…(1) defaces with graffiti or other inscribed material, (2) damages, (3) destroys. Conviction of vandalism may result in an infraction or misdemeanor if the damage is valued at under $400 with a fine and/or community service. Any vandalism valued at over $400 allows prosecutors the option of charging perpetrators with a felony charge, usually depending on the case and criminal history of suspect.

On each of the coasts, there have been recent instances of vandalism reported in the media connected with the baseball World Series and the storms that hit the east coast. Vandalism occurred on the streets of San Francisco after the San Francisco Giants swept the Detroit Tigers to become the 2012 World Champions. Joyful and exuberant fans crowded the streets into the later hours in celebration, which unfortunately led to high degrees of vandalism of both businesses and government property alike. The most well known instance of this is the setting on fire of a MUNI public bus. Pictures of the incident circulated the internet as police attempted to track down several fans pictured throwing barricades and various items at the bus front window and lighting the bus on fire.

This particular instance highlighted the destruction of government property valued at a reported $1 million, as the bus had recently been renovated through the use of a federal subsidy provided to improve some of the older diesel buses MUNI. Several individuals have been arrested in connection to the vandalism under suspicion of felony vandalism and felony damage. While this is the most popular case of vandalism in connection with the celebration, MUNI spokesman Paul Rose reports that other buses in the area have also been vandalism, albeit to a lesser extent.

Sources:
San Francisco: Oakland man arrested in Muni bus vandalism after Giants’ win
“Like New” SF Muni Bus Torched In Giants Celebration, Insider Says
SF Giants Celebration Damage: 35 Arrests, 76 Fires, And One $700,000 Bus
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Our San Francisco personal injury lawyer knows that every case is unique. Our team treats every client as an individual, listening to the facts of each claim and helping guide each client to a positive result. While some laws and legal principles require applying the same rule to every case, other legal concepts recognize the individuality of every plaintiff. One such concept is the “eggshell plaintiff” rule.

The important principle behind this rule is the recognition that the same incident can effect different people in different way. In civil courts, the physical state of the plaintiff at the time of the accident is not relevant and the defendant is responsible for the injuries sustained by the victim, even if the particular plaintiff’s health status meant he or she suffered a more serious injury that an average person would incur in a similar occurrence. The “eggshell plaintiff” theory imagines a person who has a very thin (or “eggshell”) skull. Suppose this person is involved in a car accident. While the crash might only leave an average person with only minor bump on the head, the same collision might leave this plaintiff with a significant skull fracture or other major injury. Despite the fact that the degree of injury is unusual, if the defendant is legally responsible for the accident then the defendant is liable for the result. Under the “eggshell plaintiff” rule, the defendant must still compensate the victim for the full extent of the injury. To put the rule in other words, the defendant “takes the plaintiff as he finds him,” including any unique susceptibility to injury such as a congenital condition or prior injury. This does not mean the defendant is responsible for inevitable injuries that would have happened even without the accident if the collision only had a minimal impact on the outcome.

California law recognizes the eggshell plaintiff concept and includes it in the state’s civil jury instructions. CACI 3927 provides:

Few things are as important to our nation’s future as the education of our children. In recent years, many groups have called for an increased focus on “STEM” education, an acronym for “Science, Technology, Engineering, and Mathematics.” Our Sacramento school injury attorney agrees with the need for strong science education and understands the role laboratory experiments play in many science fields. However, school must work to ensure that students are safe, whether behind a desk or conducting a science experiment.

On Monday, as reported by the Sacramento Bee, two eighth graders at an Elk Grove middle school incurred minor burns during a chemistry experiment. The class was conducted at a park neighboring the Joseph Kerr Middle School and the experiment involved chlorine tablets and rubbing alcohol. Although the teacher conducted the actual experiment, somehow the two students were exposed to the chemicals after the reaction occurred. Fire officials responded to the accident. Family members took one student home and the second went to the hospital at his parent’s request. According to Elizabeth Graswich, an Elk Grove Unified School District spokesperson, district officials are looking into whether the experiment followed all proper safety procedures.

The National Science Teachers Association has an official position statement on “Liability of Science Educators for Laboratory Safety.” The group recognizes the usefulness of lab investigations but also notes the inherent potential for injury in lab work and the need for teachers, school districts, and board members to devote attention to safety in science education. As noted in the statement, teachers have a duty of care to ensure that students, teachers, and staff are safe. This is a legal obligation requiring that teachers conform to a standard of conduct that protects against unreasonable risk. Generally, this is a “reasonably prudent person” standard and the teacher must act as a reasonably in creating and maintaining a safe learning environment. Failure to meet this standard, known in the legal field as a breach of the duty, may lead to liability for both the teacher and school. Other officials, including leaders at the school and district level, also must meet legal standards of conduct. In Florida, this includes a duty to supervise pursuant to a reasonable person standard.

Big brands may have name recognition on their side when it comes to marketing, but the drive for more customers never stops. In February 2012, Tide debuted its single use detergent pods with a colorful commercial aired during the Academy Awards. Tide touted the convenience and cleanliness of the pods, which come in brightly colored pouches of Tide’s well known orange and blue that reiterate the promise of colorfast clothes. Other companies followed suit, anticipating the high demand for the little packs.

The bright packaging that attracts consumers also attracts another segment of the population: toddlers. According to NY Daily News, through May, 2012 poison control centers received 200 reports of children poisoned from ingesting the colorful little pods, which can appear to children like candy or a teething toy. In June, that number rapidly grew to 1,210. The pods are potentially more dangerous than other types of detergent because they are highly concentrated. In response to concerns, Tide added a double latch to the container to make it more childproof.

Consumer Reports noted that calls to poison control have continued and recently five trips to the emergency room of European toddlers, where the pods have been available for much longer, renewed calls for safer packaging. In 18 months, five children were admitted to the same hospital in Glasgow, Scotland with blocked airways and intestinal swelling and ulceration. One of the children had to undergo intestinal surgery.

On September 9, 2012, Sen. Charles Schumer urged other companies to adopt childproof containers and called for further investigation into the dangers of the laundry pods. Meanwhile the Consumer Product Safety Commission is investigating the poisoning risk of the laundry packs, but has not reached a conclusion at this time.

Dishwashing detergent has also taken on the form of pods and pose a concern as well, especially because it may be convenient to store dishwasher detergent under the sink. Consumers with children or pets should always store any type of chemicals well out of reach.

According to the Center for Disease Control (CDC), accidental poisoning is one of the top ten causes of fatal injuries in children less than one and between the ages of five and nine, as well as a top ten cause for non fatal injuries treated in emergency rooms in children between the ages of one and four. The CDC suggests that parents save the number for the nationwide poison control center in their phones, in case their child is one of the 300 children in the United States that visit the emergency room each day for poisoning. The number is (800) 222-1222.
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Confusion often exists in the civil justice about who may be held responsible for various injuries. Most understand that a San Francisco injury lawsuit may be filed against another party who acts negligently (or recklessly or intentionally) and causes harm. But, it is harder to understand how that basic template applies in some unique situations. That is because many accidents or incidents are more complex than they seem at first blush.

Take something as simple as a car accident. Many assume that the accident was one party’s fault and that the person at fault can be sued for the harm caused. While that is true, there may be many other parties who also contributed to the accident. For one thing, both drivers may share responsibility. In addition, there may have been a problem with the car itself which means that manufacturer could face liability. Perhaps the street or safety barriers were not properly maintained, implicating the government agency responsible for the accident. Maybe there was debris in the road left negligently by another car which was not even in the incident. Mechanics, pedestrians, and many other parties could also have contributed–in full or in part–to the ultimate incident. The point is that many accidents are far more complex than they first seem. A San Francisco injury attorney is trained in understanding all the possible factors and investigating to get to the bottom of the issue.

Mercury News recently reported on a new lawsuit that involves similar, third-party liability issues. The San Francisco injury lawsuit was filed by two 49ers fans who were attacked during a preseason game by Oakland Raider fans. The tussle was quite serious–one man was beaten unconscious and his friend was shot four times when he tried to help. Of course, the intentional misconduct of the attackers themselves make them liable for the harm caused.

As a personal injury law office, our team hears many sad stories. We deal with a wide range of cases from car accidents to premises liability claims. However, all of our clients share the common tie of having gone through a life-altering tragedy. We are proud to serve these victims on a daily basis but their stories never cease to draw our compassion. Some of the most disturbing cases stem from Attorney Brod’s work as a leading San Francisco and Oakland nursing home abuse lawyer. These cases involve a population that have earned the right to respect and the very best care but who all too often find themselves the victims of mistreatment and abuse.

The Oakland Tribune reported this week on a new tool aimed at helping people make informed decisions when it comes to placing a loved one in a senior care facility. The report began with local stories of mistreatment including a woman mocked by employees at a San Jose nursing home and another resident who reported having family photos removed from the room by the owner of an Oakland facility. According to the report, these are just a small example of the information now available in a new online search tool. The database is maintained by ProPublica, a non-profit group focused on investigative journalism, and provides users access to inspection reports for nursing homes nationwide. Reports detail 118,000 problems at 14,565 care centers, information stemming from the U.S. Centers for Medicare and Medicaid Services (CMS). Pat McGinnis, the executive director for California Advocated for Nursing Home Reform, praises the tool for allowing consumers to see information about the quality of care at facilities they are considering for a loved one. CMS did start posting the information online this year, but the ProPublica site is more readily searchable. Previously, it took a visit to the facility, a trip to a government agency, or the use of a Freedom of Information Act request to view the CMS reports.

Representative of the nursing home industry suggest that the tool gives a skewed, limited picture of care. One spokesperson, Deborah Pacyna from the California Association of Health Facilities, noted the inspection reports do not contain information on overall resident satisfaction or positive programs at the facility. She advised consumers focus more on information about staffing and resident health available through the Medicare website. McGinnis did not disagree that other information is important, suggesting the new report database is only one of the factors that a family should use when deciding which facility is right for a loved one.

From a bounce house at backyard birthday party to a twisting and looping roller coaster at a theme park, amusement rides and equipment capture the attention of the young and the young at heart. Part of the fun is enjoying a thrill while trusting that you and your children are ultimately safe. However, injuries can and do occur. When fun leads to injury, our San Francisco amusement park injury law firm is here to help.

The San Francisco Chronicle is covering a recent scare at a local amusement park. On Sunday, the new Superman Ultimate Flight roller coaster stalled and stranded riders nearly 150 feet above Six Flags Discovery Kingdom in Vallejo. Firefighters arrived and assisted a park official in using a park crane to deliver water bottles to the riders. Thankfully, the crane was not needed for a rescue and a mechanic successfully restarted the ride, returning the stranded riders to the ground without any injuries. While the park ruled out mechanical issues, they have not identified a cause for the stall.

Surprisingly, while the United States Consumer Products Commission regulates the manufacture of fixed-site amusement rides, no federal agency sets uniform safety standards or investigates serious accident at permanent amusement parks. The State of California, however, does have state-level amusement park regulation, inspection and reporting requirements. In general, fixed-site rides do have a fairly strong safety record. An industry group found that approximately 290 million visitors enjoyed 1.7 billion rides at fixed-site U.S. parks in 2010. Those rides led to an estimated 1,207 injuries with only 59 listed as “serious,” meaning the injury required overnight hospital care.

According to the SF Examiner, Muni is working on installing new digital cameras on about 350 of its buses. The Department of Homeland Security is providing $6 million in funds to purchase and have Muni install the cameras over four years. If the cameras are deemed successful at catching or deterring criminal behavior they could be installed on all buses and light rail vehicles.

The installation of the digital cameras follow Muni’s $1.2 million spree to repair and replace malfunctioning on board cameras in 2009. In July 2009, the stabbing of an 11 year old boy that normally would have been captured on tape was never recorded because the cameras were non-operational. The failure of the Muni cameras was also questioned in a crash that same month in which two Muni trains hit each other and 48 passengers were injured. Neither of the trains had functioning cameras and therefore no data was available from them to analyze the crash.

As a result, an audit was conducted which found that 52% of Muni on board cameras did not function properly, SF Gate reported. Problems ranged from complete disrepair, to blurry images, vandalism, bad cables and more. By September 2009, Muni claimed it had decreased that number to 20% of cameras. It had trouble replacing many old parts which were not available anymore. It was also revealed that Muni did not conduct routine inspections of its camera equipment and needed to develop a plan to do so, since none was in the works.

Muni also decided to install “DriveCam” on all of its vehicles. The camera is activated by jarring movements, like unexpected acceleration or braking, which affects the force detected by its sensors. The cameras record both the exterior and the interior of the Muni vehicle during an incident. In April 2010, on board cameras were non-operational on a 10 Townsend coach which hit a row of parked cars. However, DriveCam captured the image of the driver leaning over with his eyes off the road.

The SF Examiner published an account of DriveCam’s effectiveness after one year of use. It reported that the total number of bus accidents decreased from 964 in 2009, when Muni started installing DriveCam on buses, to 483 in 2010, when all buses were equipped with the camera. DriveCam focuses on the driver’s actions and allows Muni to identify and retrain or discipline drivers with multiple safety violations. With DriveCam, footage is constantly recorded on a short loop and newer footage overwrites the oldest footage when no event triggers storage of a certain loop. Events are stored for a total of one year and therefore, in the case of an accident, should be requested within that time frame.

The new digital cameras will focus on passenger safety on the bus. Hand in hand, the two surveillance systems should provide more data on both traffic accidents and criminal behavior affecting the system. These reporting systems are important to the integrity of the public transportation. SFMTA saw a 3% increase in ridership from 2009 to 2010, which can only be sustained with an improving track record on safety.
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When news reports began covering the use of synthetic bath salts, most people found themselves confused. Over time, it became clear that the recreational drug had nothing in common with a relaxing soak in the tub. Our San Francisco bath salts law firm understands that the innocent-sounding substance is highly dangerous, both to the user and to innocent victims who may encounter someone high on the drug.

There have been countless headlines involving bath salt use. One story currently receiving national attention involves a woman from central Pennsylvania who had just recently giving birth. The Altoona Mirror, a paper local to the incident, carried the Associated Press report. On June 17, just two days after delivering her child, thirty-one year old Carla Murphy allegedly smoked bath salts while she was still on the maternity ward at Altoona Regional Hospital. According to the report, while experiencing the effects from the drug, Murphy stripped naked, rolled around on the bathroom floor, and fought with staff attempting to subdue her. Other news sources report Murphy assaulted a nurse as well as a responding police officer. A search uncovered bath salts among her belongings at the hospital and also in her home.

Sadly, this is not even the most shocking report linked to the substance in recent months. In May, frantic calls were made to police who responded and found a naked man trying to eat the face of a homeless man. The attack occurred in Miami, in broad daylight, and the attacker is believed to have been high on bath salts. The attacker was shot by police after failing to respond to commands to stop. Amazingly, the victim survived but he has been severely disfigured.