San Francisco Injury Lawyer Blog

San Francisco Attorney Comments on Damages in Brutal Fan Beating

February 6, 2012 | Gregory J. Brod

Along with much of the country, our San Francisco personal injury attorney was shocked by last year’s beating of a Giants fan. There is no excuse for such violence. However, as an experienced San Francisco victim’s law firm, we know that the law can provide vital compensation as the victim travels the long path to recovery.

Bryan Stow was brutally beaten in the parking lot of Dodger Stadium on March 31, 201, opening day for last year’s baseball season. Marvin Norwood and Louis Sanchez have pled guilty and are awaiting trial following their arrest for the assault. Stowe has also filed legal claims against the Dodgers alleging that the team’s poor security and general negligence, including the alleged sale of half-priced beer (a disputed claim), contributed to the attack. The ball club is currently in federal bankruptcy proceedings and recent filings suggest the team has debts totaling $573 million. Stow’s claims have been brought in the Delaware proceedings as is required by bankruptcy law. Both The Los Angeles Times and The Oakland Tribune report that the Dodger organization filed a forty-four page motion last week asking the court to reject Stow’s claims, asserting that he cannot prove a connection between the claimed failures and the assault.

We do not have enough information to comment on the viability of Stowe’s claims. However, this lawsuit raises several important issues that apply generally to compensation the personal injury arena. First, and often foremost, a verdict is only as good as the plaintiff’s ability to pay. Stowe’s injuries were severe and will have long-term impacts and his lawyers have estimated the costs related to the beating to be $50 million. Despite the bankruptcy, the Dodgers are much more likely to carry insurance that could pay a verdict than the assailants. In vehicle-related injuries, individual plaintiffs typically have applicable insurance but that is not always the case in other situations. It is important for victims to have a skilled, experienced Northern California personal injury lawyer who can help ensure all avenues for recovery are fully explored and all relevant defendants included in a lawsuit.

Toxic tort attorney addresses water contamination caused by fracking

February 4, 2012 | Gregory J. Brod

In the United States, we have a serious energy crisis, and natural gas is an important resource, and the cleanest of the fossil fuels. In recent years, exploration methods have enabled natural gas to be released from shale, a sedimentary rock. David Brooks wrote an article for the New York Times, entitled “The Shale Revolution”, reporting that natural gas from shale comprised of approximately 1% of all natural gas supply in the United States in the year 2000. By 2011, the amount of natural gas from shale in our country had reached 30% (though the Association of California Water Agencies suggests the number is 15%). “Fracking”, which I have wrote about in previous blog entries, is a method used to release natural gas from the shale by pumping water and chemicals into the subsurface, in an attempt to release the gas.

There has been no universal determination that the process of fracking is inherently dangerous, however there are instances where contamination can occur, particularly with regards to drinking water supply. The need to obtain precious natural resources must be balanced with the strongest concern for public safety. If your town, municipality, district or city is in a reasonable proximity from where fracking is taking place, and you have experienced water contamination, please do not hesitate to call us. Our attorneys fight for people who have been affected by toxic torts, including water contamination, and the initial consultation is always free.

California Consumers Should Be Wary About Poisons and Pesticides in the Home

February 3, 2012 | Gregory J. Brod

Spiders, cockroaches, ants, rats, and moths: invasions by household pests induce cringing and exclamatory yelps. Many people want to prevent unwanted encounters with such pests and the destruction they may cause by putting out pesticides meant to deter or kill rodents and bugs. Consumers are driven by costs, effectiveness, and a concern for safety when choosing a pest-control product. The Environmental Protection Agency (EPA) emphasizes the safe use and regulation of poisons and pesticides used in the home.

The Environmental Protection Agency requires all manufacturers of household pesticides to have an EPA registration number on the label. If a product does not have the registration on the label it may be an illegally imported product. Consumers should also be aware that some products are only meant for use by licensed commercial entities. Two illegal products that concern many poison control agencies are the so-called “Miraculous Chalk“, a pesticide originating in China, and “Tres Pasitos” a rat poison originating from Latin America. The insecticide chalk is troublesome because it is a cheap remedy that looks identical to the chalk used on blackboards, yet it is poisonous and poorly labeled. “Tres pasitos” is a made of aldicarb, an extremely toxic pesticide that has deleterious effects on humans through ingestion and even if absorbed through the skin. If handled improperly the products cause symptoms such as stomach pains, vomiting, and convulsions. Business are subject to penalties for each sale of an illegal pesticide.

Consumers should also follow directions on approved products very carefully. For instance, the use of mothballs, usually made of naphthalene, can be dangerous if the not utilized correctly. The National Pesticide Information Center at Oregon State University advises that mothballs should be sealed with clothing in an airtight container. Mothballs left out in the open let off toxic fumes that are potentially dangerous to humans. Moreover, mothballs may appear to be food to children or pets. Ingestion of moth balls by a small child will lead to a scary trip to the emergency room. Furthermore, some mothballs are distributed illegally because the production and labeling of the mothballs were not overseen by the Environmental Protection Agency.

The EPA and its Californian counterparts stress that it is illegal to use pesticides in a way other than specifically directed on the product label. This is especially of concern if a business is hired to apply insecticides to exterminate bugs. Commercial exterminators in California must be licensed by the California Department of Pesticide Regulation (CDPR). Consumers who are concerned with the methods or licensing of a commercial applicator of pesticides may file a complaint with the CDPR. The CDPR will investigate and work with a violating business to improve their procedures or, if necessary, take enforcement action against the business.
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More Research Needed to Find Life Insurance Beneficiaries in California

February 3, 2012 | Gregory J. Brod

This week California joined six other states-Florida, Illinois, New Hampshire, North Dakota, Pennsylvania, and New Jersey-in signing a settlement with Prudential Insurance Co. of America, the country’s second largest life insurer. The settlement requires that the insurance company use enhanced researched techniques to find the beneficiaries of California life insurance policies where the dead policyholder’s benefits were never claimed. California Insurance Commissioner Dave Jones said that this is to ensure that when a life insurance holder dies, the intended beneficiaries get the owed benefits. A Prudential spokesperson asserted Prudential was not accused of any wrongdoing and that Prudential is happy to work with industry regulators on best practices and standards and is pleased to get out in front of the industry on this issue.

The agreement includes an expanded use of matching criteria when Prudential uses Social Security’s master list of deceased people (the so-called “Death Master” file) and the use of computer programs to find deaths that might have been overlooked in the past. This will help Prudential discover in a more timely fashion when a policyholder has died and ensure that policies do not go unpaid for years. If a Prudential policyholder dies, the agreement requires the company to conduct a thorough search for beneficiaries, using both their records and online search and locator tools. If no beneficiary can be located, Prudential is to turn over the proceeds from the policy to the state as required under California’s unclaimed property laws. Additionally, the settlement includes a $17 million payout by Prudential, which will be used to monitor compliance. California’s share has not been determined yet, but it is expected to exceed $1 million.

San Francisco Bicycle Accident Attorney on Safety and The Policy of Contributory Negligence

February 3, 2012 | Gregory J. Brod

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

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

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

Fatal Sacramento Train Crash Highlights Importance of Transit Safety

February 1, 2012 | Gregory J. Brod

Our Sacramento train accident lawyer was saddened this week to see a local tragedy dominating both Northern California and national headlines. As details of this sad accident emerge, we wanted to take a moment to comment on transit safety and the importance of Sacramento personal injury lawsuits in holding parties responsible for their actions.

The Sacramento Bee reports that regional transit authorities have called Saturday’s accident the worst light-rail incident in the twenty-five year history of the transit system. Louis Leon Williams (age sixty-two), Shante Hope Williams (age twenty-five), and twenty-two month old Damian Antiwon Williams, were killed when a light rail train crashed into their sports-utility vehicle. The accident also injured a fourth occupant of the SUV, fifty-seven year old Demetric Deann Good Williams. The victims were travelling on 26th Avenue in south Sacramento when the Meadowview line train struck the vehicle, flipping the Nissan Pathfinder and pushing it twenty yards. A number of the train’s fifty passengers also suffered injuries in the crash.

Investigators are still examining the accident but it appears that the driver of the SUV attempted to drive around a lowered guardrail. The Bee reports note that this behavior is often the result of driver frustration which can be multiplied where light-rail and freight trains share tracks resulting in increased delays for automobile traffic. This appears to have been a factor in the weekend accident where the gate arms remained lowered for seven and a half minutes as two freight trains passed before the commuter train arrived thirty-seven seconds later, travelling at between fifty and fifty-five miles per hour. It appears that the SUV’s driver assumed the second freight train was the final train and attempted to cross the tracks as the light-rail train arrived at the crossing.

Kia Recall Could Affect Bay Area Drivers

January 31, 2012 | Gregory J. Brod

On January 13, 2012, the National Highway and Traffic Safety Administration announced that KIA Motors America, Inc. noticed a recall on Kia Optima sedans manufactured from September 29, 2005 through January 29, 2008. In addition the company is recalling Kia Rondo vehicles manufactured from September 13, 2006 through March 21, 2008. Both models were manufactured with an air bag clock spring that may become damaged over time. Over 145,000 vehicles are potentially affected by the recall, which starts in March 2012.

An air bag clock spring is named for its coiled shape. It provides an electrical connection between the airbag and the controlling computer. The clock spring sits inside the steering column along side the horn and cruise control. Its coiled shape allows the wiring to make a connection without blocking the steering wheel’s functionality. If the clock spring becomes too worn it will develop a high resistance to electrical current, which could block the signal that activates the air bag. In this case, the driver’s side air bag may not deploy in an emergency situation. If the horn or cruise control on a car is not functioning properly, it is a sign that the clock spring may be damaged and the air bag may also be non-functional.

Kia vehicles owners experienced a flurry of recalls in 2011.The Kia Spectra was recalled in April, 2011 because corroded straps supporting the fuel tank could allow the tank fall to the level of the road. In May, the Kia Sorrento and Kia Soul were recalled for faulty interior lighting which could potentially cause a fire. The Kia Sorrento was also recalled for a second reason- it was susceptible to transmission failure due to a misaligned drive shaft.

A search of customer complaints submitted to the National Highway and Traffic Safety Administration reveals that in addition to the problem with the driver’s side airbag, many consumers submitted complaints about faulty passenger side airbags for multiple Kia models manufactured in 2006-2008. The chief complaint was that the passenger side airbag would not register as active although the car was carrying someone in the passenger seat.

California upholds strict liability for product defects. Therefore, even if a car company took reasonable safety measures to prevent manufacturing defects, it will still be liable for damages caused by any defective products were available to consumers. The California Civil Jury Instructions require 5 factors in order to find that a company is liable for a defective product.

The defendant must have manufactured, distributed, or sold the product. The product must have already contained the defect when it left the company’s possession. Moreover, the plaintiff must be actually harmed by using the product in a way that was foreseeable to the defendant. Finally, the product must be a substantial factor in causing the harm.
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Anti-Bullying Push in Berkley Puts Focus on School Safety

January 30, 2012 | Gregory J. Brod

It seems sometimes like bullying has reached epidemic proportions. As an Oakland bullying victim’s law firm, the Brod Law Firm applauds the efforts to bring attention to this problem. Our Northern California school injury lawyer also favors efforts by local school authorities to crack down on the problem and ensure the safety of our young residents.

The Oakland Times reported last week on efforts by Berkley schools to enact anti-bullying policies. The move comes in response to seven gun-related incidents at Berkley High School last year, one of which involved shots being fired in a school lavatory. In the new policy, bullying is defined as “systematic and chronically inflicting physical hurt or psychological distress” aimed at either students or teachers. Whether online, telephonically, or in person, the policy requires reporting of bullying incidents as well as investigation by school principals but leaves punishment details up to the school’s discretion based on the age of the offender and the severity of the incident. District officials acknowledged that schools owe an obligation to ensure bullying is taken seriously, noting the investigation should include separate interviews for witnesses, victims, and alleged perpetrators. Individual schools will be required to submit an annual report detailing bullying incidents and the school response.

Some statistics suggest that one in seven students were either bullied or involved in bullying during 2010. Other studies put the number even higher and, in the same year, well over half of students reported being witness to at least one bullying event. Bullying fears are a frequent cause of missed school days with BullyingStatistics.org suggesting fifteen percent of absences in 2010 were related to fear of victimization. Bullying can lead to both mental and physical anguish and is a factor in many cases of youth suicide. Parents should be alert to signs that their child is suffering at the hands of a school bully, especially in the middle school years when bullying appears to peak. A victim may show low self-esteem, may isolate themselves from others, and may display increased anger and frustration. Bullying may result in physical harm or may be primarily mental/emotional in nature.

San Francisco Taxi Driver Runs Amuck Outside the Hall of Justice

January 27, 2012 | Gregory J. Brod

Most drivers instinctively improve their driving habits when passing police stations. Not so with one taxi driver, who cut off a bus while trying to make a right turn on Thursday, January 26. The Yellow Cab driver pulled the aggressive maneuver right outside the Bryant Street Police Department and the Hall of Justice, which houses the Traffic Division of the San Francisco Superior Court.

The SF Appeal reports that the taxi caused the bus to collide with it rear right bumper, sending it spinning into a fire hydrant. Luckily, none of the bus’s passengers was harmed and the fire hydrant remains intact. However, the taxi’s passenger was taken to the hospital with minor injuries.

Taxi drivers are culturally regarded as aggressive drivers. Thursday’s accident may not help improve that image. Studies by both University of California, Los Angeles (UCLA) and University of Sydney, Australia posit that a combination of factors may make individual taxi drivers more likely to drive aggressively. Two factors that affect taxicab driver safety are the relatively low income and low regard that drivers receive in exchange for their work. Drivers feel pressure to increase the number of fares they have in a day, thereby raising their income, but also increasing the threat of accidents. Taxi drivers in the UCLA study cited avoiding the loss of income brought on by an accident as the biggest negative incentive to aggressive driving, rather than the importance of customer satisfaction.

In addition to income pressures, taxi drivers also deal with long hours in consistently stressful situations. A taxi driver’s job is essentially to commit to an endless commute. A driver may stay behind the wheel for longer hours than expected in order to make extra fares. Long hours and missed breaks contribute to driver fatigue and increase the chance of an accident.

A University of California, Berkeley study set out recommendations to tweak the taxi medallion system used in San Francisco since 1978. The medallions limit the number of permitted taxi drivers in the city, increasing income as a whole for taxi drivers, therefore alleviating the pressure to engage in risky behaviors in order to increase the number of fares. San Francisco Municipal Transit Agency is also looking into possible schemes for increased access to health care for taxi drivers. After everything is said and done, the Berkeley study lukewarmly asserts that a San Francisco taxi ride is reasonably safe. Of course, individual driver personality is a substantial factor in driver behavior. Therefore, it is impossible to generalize about the safety of taking any particular cab.
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Help for California Homeowner’s Insurance Consumers

January 27, 2012 | Gregory J. Brod

Our San Francisco insurance lawyer knows that far too many local community members have found themselves in the nightmare scenario of paying for insurance for years only to find out the benefits, for whatever reason, are not available when a disaster strikes. Often a consumer finds out he or she does not have sufficient coverage or that there is an exemption in their insurance policy for something only when the damage is already done. And insurance companies are frequently guilty of confusing business practices, i.e. hiding an exemption in tiny print or legalistic language, or outright intimidation of uninformed consumers.

Fortunately, new rules are in effect now to help California homeowner’s insurance consumers (https://www.brodfirm.com/lawyer-attorney-1844610.html) avoid these kinds of nightmarish scenarios. The California Department of Insurance has put in place the new rules to help homeowners be more informed about their policies and keep consumers from being underinsured. Insurance agents and brokers do not have to help consumers come up with a coverage figure, but under the new rules, if they do, the number must be based in reality. The brokers and agents cannot make up a number or give you a random estimate. If the broker or agent gives a homeowner a figure of how much coverage protection they need for their home, that figure must be made on a concrete calculation. In addition and in conjunction with this, the agents and brokers are required to have specific and ongoing training to teach them to do these calculations.

Some insurance brokers and agents have already been doing this voluntarily, but the insurance companies are not happy with these new rules mandating this procedure if a coverage amount is given to a consumer. Naturally, insurance companies do not want to be responsible for telling consumers what coverage is needed. The current system works to the companies’ advantage and helps their bottom line-which is to make more and more money for their coffers, not to assist consumers in times of trouble if they can avoid it. The companies are so concerned with these new rules that law suits have been filed to overturn the rules, but so far the rules are still in effect.