San Francisco Injury Lawyer Blog

One City’s ‘Get Tough’ Approach towards Landlords Who Ignore Bed Bugs in Northern California

March 17, 2015 | Gregory J. Brod

Just reading about bed bugs is enough to make most of us start to feel a bit itchy. Imagine then how hard it is to live with the blood-sucking pests and to have your landlord, someone who is supposed to ensure your rental is in habitable condition, ignore your pleas for help. Conditions like these led one California city to take the unusual step of instituting a pilot criminal program addressing bed bug matters, specifically focusing on instances in which an owner or landlord ignores bed bug infestations. These problems are also the reason Attorney Greg Brod has dedicated part of his practice to serving as a Northern California bed bug lawyer, representing tenants in disputes with disreputable landlords who operate unsafe and unsanitary rental properties in San Francisco, Oakland, Santa Rosa, and surrounding communities.

Concord’s Program Creates Penalties for Landlords When Bed Bug Complaints Are Ignored

Last Spring, the city of Concord decided to get tough on bed bugs. As reported in a May 2014 Contra Costa Times article, the city created a pilot program aimed at controlling the bed bug problem in rental housing. Under the program, bed bugs are considered a public nuisance and a police unit is granted authority to address tenant’s bed bug complaints, matters previously overseen by the Public Health Department. Pursuant to the new program, after a resident files a bed bug complaint the Police Department’s Code Enforcement Unit sends a notice to the property owners and they have 30 days to hire professionals to inspect and exterminate the unit. If there is no response within 10 days, an Environmental Health Division employee visits the unit. Fines for non-compliance begin a $100 and rise to $500 per citation plus a re-inspection fee.

Crosswalks & Pedestrian Safety

March 13, 2015 | Gregory J. Brod

At the Brod Law Firm, we are more than a personal injury law office, we are a personal safety law office. We work to get compensation for those who are paying the price for someone else’s negligence, including families of those who paid the very highest price. We are also advocates for safety, encouraging people to take steps to prevent accidents. We believe in preventing people from causing accidents and also helping people avoid becoming victims. Safety tips are rarely perfect, but that doesn’t mean they shouldn’t still be followed, a truth that came to mind as our Santa Rosa pedestrian injury lawyer learned about a recent accident and explored the evidence regarding crosswalk injuries.

Crosswalk Crash Leaves Girl in Critical Condition Last Sunday night, a Santa Rosa family was walking to their car after visiting with relatives when their world was suddenly shattered by a terrible accident. The Press Democrat reports that the father and son had already crossed Petaluma Hill Road in the vicinity of Breeze Way and the mother and 6 year-old daughter were walking hand-in-hand through the crosswalk when tragedy struck. Police say the pedestrian warning lights were activated when a northbound car approached the crosswalk. Reportedly the driver saw the mother and daughter at the last moment and applied his brakes but he still hit the little girl, despite the duo’s attempt to jump out of the way. The child was thrown approximately 25 feet up the road. She was initially taken to Santa Rosa Memorial Hospital and then flown to Children’s Hospital in Oakland. As of Tuesday, she remained hospitalized with critical, life-threatening injuries. An investigation into the crash is underway and the driver is cooperating with police.

The NHTSA on Crosswalk Safety Despite Sunday’s accident, we strongly recommend pedestrians use (and localities install/maintain) crosswalks. In June 2008, the National Highway Traffic Safety Administration published a National Pedestrian Crash Report aimed at analyzing trends in pedestrian accidents between 1997 and 2006. The research found that only 9% of pedestrian fatalities occurred in crosswalks compared to 80% occurring in roadways. The report concludes: “This indicates that using a crosswalk is the safest way to cross a street.” Many other research pieces and safety guides from the NHTSA echo this sentiment, such as a 2012 Consumer Advisory that urges pedestrians to “walk with care” and use crosswalks whenever possible.

Northern California Child Injury Attorney Examines Rising Number of Bounce House Injuries

March 11, 2015 | Gregory J. Brod

From birthday parties to town fairs, bounce houses are a surefire way to make a child’s eyes light up. Somehow the same equipment that leaves many an adult with an upset stomach and a dizzy head makes children laugh and scream with glee. There are few joys as sweet as listening to kids have that much fun and it’s especially refreshing when modern day kids are enjoying something physical instead of staying “plugged in” and glued to a digital screen. Unfortunately while bounce houses are great fun, bounce house injuries are a very real danger and a concern to our San Francisco child injury attorney.

CPSC Reports on Increasing Number of Inflatable Amusement Injuries

Recently, the Consumer Product Safety Commission (“CPSC”) released a study looking at injuries associated with inflatable amusements. The study focuses on the ten-year period from 2003 through 2013 and looks at injuries tied to air-filled structures that use one or more blowers to provide a continuous air flow. Bounce houses, also called moon bounces or space walks are the most common type of inflatable amusements with slides, obstacle courses, and other games also falling into the category. Importantly, although they are quite similar, the report does not cover smaller structures that are only inflated once per use. Researchers used injury data from emergency room codes provided by a sample group and then extrapolated to create nationwide estimates.

The Danger of Fire Truck Crashes and Other Emergency Vehicle Accidents

March 10, 2015 | Gregory J. Brod

Serving as legal counsel in personal injury cases means our team knows that first responders save lives. We are incredibly grateful for the commitment emergency personnel make to San Francisco and its people. We are humbled by their bravery. Emergency personnel are indeed superheroes, but they are also human. Fire truck accidents and other accidents involving, and sometimes caused by, emergency vehicles are a reality. Both during emergencies and in non-emergency situations, drivers of police cruisers, fire trucks, and other emergency vehicles must never forget they are still drivers and that driving carries responsibilities whether you are a superhero or a civilian. People injured by these vehicles deserve the protections afforded to all accident victims. Our San Francisco emergency vehicle crash lawyer knows these are complex cases that are far too common and we help victims recover due compensation.

San Francisco Fire Truck Collides With Bicycle Rider Sadly, the notion of emergency vehicle accidents became a terrifying reality for one bicyclist over the weekend. As reported by the San Francisco Chronicle, a fire truck was returning to the station and headed southbound on Mason Street in the Tenderloin at approximately 2:15 Saturday morning. The fire truck collided with an unnamed bicycle rider at the signaled intersection with Turk Street, mere yards away from Market Street. The truck did not have either its emergency lights or its flashers activated.

The accident left the rider, a man in his 30s, with serious head injuries. He remained hospitalized as of the Sunday afternoon report. No fire personnel were injured in the collision. The fire truck operator tested negative for drugs and alcohol. Officials do not yet know who was a fault, but a police investigation is ongoing. Police are expected to examine security footage from area businesses, most of which were closed at the time of the crash.

Class Action Attorney Discusses Settlement in Flight 214 Case

March 6, 2015 | Gregory J. Brod

While twenty months have passed since the tragedy, the image of Asiana Airlines Flight 214 crashed on a runway at San Francisco International Airport (“SFO”) is still fresh in our minds at the Brod Law Firm. For the victims and their families, those moments will never be forgotten. Lawsuits are never a perfect answer; they cannot undo the harm done. Still, monetary compensation can be critical following an injury, helping the victims deal with the financial, physical, and even emotional (i.e. money for counseling, funds to live on if the victim can no longer work because of psychological scars) damage. By their very nature, plane accidents often involve many victims with similar, though never identical, stories. For this reason, our San Francisco airplane injury law firm believes that plane crash class actions can be a useful tool for victims and their families. As with other civil actions, meritorious claims filed as a class action often result in settlements, although settlement is a bit more complex in class action cases.

Seventy-Two Injured Plaintiffs Settle Flight 214 Claims As a report in this week’s Oakland Tribune recalls, Flight 214 crashed on July 6, 2013 as it prepared to land at SFO following a flight from South Korea. The plane collided with the seawall at the end of the runway, killing three and injuring nearly 200. Investigators concluded pilot error was to blame and suggested the setup of the 777’s flight control systems was an additional factor.

On Tuesday, a group of 72 passengers settled a class action lawsuit against Asiana Airlines, Boeing, and Air Cruisers Company which manufactured the plane’s evacuation slides. The class of plaintiffs, each of whom received an award commensurate with their injuries, included victims whose injuries had stabilized and were generally less severe than plaintiffs involved in other pending suits.

Mass Transit Safety and California Train Accidents

March 4, 2015 | Gregory J. Brod

Mass transit offers an affordable and environmentally-friendly alternative to America’s love affair with cars. In order to make mass transit a viable option, we must also make mass transit safety a priority. The Brod Law Firm supports general policy efforts to make mass transit safer. Additionally, our Northern California mass transit attorney represents individuals and families in the wake of train accidents and other transit tragedies. We believe this work not only compensates the injured and/or grieving but also encourages all involved to prioritize safety in the future.

Two Train Fatalities on Same Day in Bay Area

Monday saw two separate train fatalities in the Bay Area. Per a San Francisco Chronicle report, an Amtrak train travelling from Sacramento to San Jose struck and killed a person who was allegedly trespassing on the tracks in Albany at 2:10 P.M. Later that afternoon, also per the San Francisco Chronicle, a Caltrain struck and killed a pedestrian. The second incident occurred in southeastern San Jose between the Blossom Hill and Morgan Hill stops along Monterey Highway. It was the fourth pedestrian accident involving Caltrain in a little more than one week’s time. Notably, about 90% of Caltrain fatalities are later ruled suicides. Authorities have yet to determine a cause in either of Monday’s incidents.

Repeat Bed Bug Infestations Raise Issues of Landlord Liability

March 3, 2015 | Gregory J. Brod

Lawyers are taught to read each and every document carefully before signing or using it at trial. So, while Northern California bedbug eradication lawyer Greg Brod knows to read beyond a headline, he found the headlines of two articles in the Stanford Daily last fall said a mouthful on their own. The first headline dated November 9, 2014 happily touts “Bedbugs in Toyon Eradicated.” Less than a week later, the same paper declares “New Case of Bedbugs Found in Toyon after Reported Eradication.” These headlines headlight two interrelated truths — controlling a bedbug outbreak is hard, but residents in rented properties (including students in dorms) have a right to a vermin free life.

University Students Face Bed Bug Problems In early November, the Stanford paper reported that bedbugs had been seen in two rooms in an undergraduate residence hall. However, Rodger Whitney who heads the school’s residential living team told the paper that the problem was limited to those two rooms and the pests had been eradicated. The report notes an initial attempt to eliminate the bugs had failed but a more thorough three-week process had now been completed on one room and, per student request, a week-long procedure used on the second room. A Residential Advisor criticized the school’s communication efforts and the fact that bedbugs were not discussed in RA training. Six days later, the paper reported that another case of bedbugs had been found in the same dormitory. Apparently, the report only became public after yet another unit-specific effort to treat the pest invasion.

Eradicating Bed Bugs in Residential Spaces The University of Michigan’s Extension Program, a group focused on using University resources to tackle problems throughout their own community and the state overall, provides a relevant guidesheet titled “Prevention and Control of Bed Bugs in Residences.” While some of the advice (i.e. checking backpacks to see if bugs have hitched a ride) is student-oriented, much of it is applicable to everyone. The authors note that the best way to detect an invasion is to carefully check the area around where you sleep/rest (ex. mattresses, boxsprings, bed frames, and bedding) as well as under carpet edges, in cracks, and on luggage including purses or backpacks. You may see dead or live bugs, discarded skins, fecal matter, and/or brown and red stains. Once you confirm an infestation, stop and prepare for the step of control since disturbed bugs may move and worsen the infestation.

ATV Accidents: Statistics, Safety, and Legal Representation

February 27, 2015 | Gregory J. Brod

While cars are responsible for a strong majority of vehicle-related accidents, they are not the only culprit in the fatal or injury-causing accidents we see in our Northern California injury practice. All-terrain vehicle accidents (“ATVs” or “ATV accidents”), can cause serious injury or even death. When someone other than the injured is at fault, our Sonoma County ATV accident lawyer can help the injured victim or surviving family members obtain financial compensation from those responsible.

ATV Overturns, Seriously Injuring Petaluma Teen The Press Democrat reported on an ATV accident that occurred in Petaluma on Saturday and left a teenager seriously injured. Three teens were riding an ATV on private property when the vehicle overturned and rolled over onto one of the passengers, leaving him with a severely broken arm, a broken vertebra in his neck, and a severed artery. An uninjured rider called 911 and used his own shirt to staunch his long-time friend’s bleeding. The injured teen underwent emergency surgery and is expected to make a strong recovery.

ATV Accident Statistics In April 2014, the Consumer Product Safety Commission (“CPSC”) released its 2012 Annual Report of ATV-Related Deaths and Injuries. Through the end of 2012, the CPSC had received 12,391 reports of ATV-related fatalities between 1982 and 2012, including 353 in 2012 and 554 in 2011. Notably, accident numbers for the years 2009 to 2012 are expected to increase as reporting is finalized; in 2008, the last year for which reporting is deemed complete, there were 755 ATV deaths. Of the 12,391 reported deaths in the study period, 24% involved victims aged less than 16 years. CPSC statistics also show an estimated 107,900 ATV-related injuries treated in U.S. emergency rooms in 2012, with 25% involving children under 16.

California Child Injury Lawyer on the Danger of Scooter Accidents

February 25, 2015 | Gregory J. Brod

There are few sounds as good for the soul as the noise of children at play. In a world where technology often keeps even young children glued to screens, it is especially heart-warming to hear kids engaged in active, outdoor play. It is important for kids to take part in physical activity, but it is also important for that activity to be safe. Scooters have been one of the most popular outdoor toys for many years, but they are also one of the most dangerous. In today’s blog entry, our Oakland child injury lawyer focuses on the danger of scooter injuries, injuries that often involve defective products, careless drivers, or other forms of adult negligence.

Trio of California Scooter Deaths in Late 2014 Late 2014 saw at least three fatal scooter accidents in California. On November 11, a 14 year-old high school freshman was riding his scooter near his home in San Leandro. According to the San Francisco Chronicle a driver heading south in a northbound lane swerved, ran a red light, and crashed into the high school freshman who later succumbed to his injuries at an area hospital. Only one day later, a 13 year-old boy was riding his scooter to school when he was struck by a car and killed in Riverside, a town about an hour west of Los Angeles. Witnesses said that driver had also run through a red light and ABC7 reported that the 44 year-old driver was taken into custody on charges of driving under the influence of prescription drugs. A third child was killed in a scooter accident on December 26 in San Bernardino County. News station KTLA reported that 12 year-old boy was playing with his new Razor-brand scooter, a Christmas gift, when he the into the path of an oncoming vehicle.

Study Blames Scooters for Increase in Toy-Related Accidents In December, USA Today reported on a study published in the journal Clinical Pediatrics that focused on the problem of toy-related accidents. The study suggests that “kick” scooters, like the foot-powered collapsible Razor scooters that have been widely popular since around 2000, were largely responsible for a 40% increase in toy-related injuries between 1990 and 2011. According to the Consumer Products Safety Commission, 52,500 children under age 15 were taken to the emergency room and one died as a result of injuries stemming from non-motorized scooter accidents in 2013 (Side note: It is unclear whether this number includes traffic accidents). The study authors and the CPSC urge parents to be sure children wear safety helmets when using scooters.

San Francisco Apartment Rental Fires & The Law

February 24, 2015 | Gregory J. Brod

There are few images as peaceful and serene as a cozy room adorned with oversized chairs and handmade blankets, all set before a blazing fire. Fire can be beautiful and functional; fire can also be destructive, frightening, and even deadly. Fire can leave families facing injuries and financial losses. Fire can also leave people with countless questions. In the case of a San Francisco apartment fire, Northern California tenant’s lawyer Greg Brod can help renters get answers while protecting their legal rights and recovering any due compensation.

Fire Displaces Church Street Residents On Saturday afternoon, a team of San Francisco firefighters responded to a blaze at 301 Church Street, near the intersection with 15th Street. The San Francisco Chronicle reports that the initial call came in at 4:11 P.M., alerting the Fire Department to a fire burning between two buildings. Fire officials had the flames under control at 5:23 P.M., but not before the blaze grew to a three-alarm size and caused substantial damage to both apartment buildings. Luckily no one was injured (fire officials did rescue and provide oxygen to a pet cat), but an unknown number of residents were displaced by the firm. The upper levels of the two burned buildings appear to be severely damaged and uninhabitable while a third building seems to have incurred smoke damage.

An Overview of S.F. Renters’ Rights Following a Fire An overview of tenant’s rights after a fire under California and San Francisco laws/regulations can be found in a Home Guide: Tenants’ Rights After a Fire by the San Francisco Chronicle and also in the “In Case of Fire” section of a resource page produced by the Housing Rights Committee. As with many housing issues, much of the rights afforded to tenants after a fire stem from the implied warranty of habitability. Pursuant to that warranty, landlords must repair a damaged property as soon as possible. In general, the landlord is not responsible for the tenant’s personal property (renter’s insurance will usually apply). However, the tenant may have a claim if he can show that the fire was caused by the landlord’s negligence.