San Francisco Injury Lawyer Blog

California Dangerous Products Attorney Examines the Electronic Cigarettes Trend

January 6, 2015 | Gregory J. Brod

Each year, Oxford Dictionaries picks a “Word of the Year,” a term of that a group of experts finds reflects the mood or the preoccupations of the year and has “lasting potential as a word cultural significance.” Having discussed the unique issues posed by electronic cigarettes (“e-cigarettes”) on this blog, our San Francisco product liability attorney is not surprised to hear this year’s term is “vape.” The term, an abbreviation for vapor or vaporize, refers to inhaling and exhaling the fumes produced by an electronic cigarette or related device. E-cigarettes are battery operated devices that produce a vapor from liquid nicotine. With the rise in popularity, cities, states, and the federal government are all considering whether and how to regulate the devices. At the same time, researchers are examining the safety of vaping and its health impact.

Regulation Questions Loom as E-Cigarette Use Skyrockets

The San Francisco Chronicle reports that e-cigarette use has surpassed traditional smoking among teens in the United States. The popularity has both federal and state authorities considering whether and how to regulate the devices as health experts examine a range of issues including whether e-cigarettes help smokers quit or serve as something of a gateway into traditional smoking. The San Francisco Department of Public Health campaign is kicking off a campaign this week aimed at public awareness, with messages calling the devices harmful and referring to flavored versions as a way to hook young people on nicotine. Most health professionals say the devices expose users to fewer hazardous chemicals than regular cigarettes but the verdict is not yet in as to the overall impact on a user’s health. Sales are expected to grow 24% each year through 2018 and some analysts believe they will surpass traditional cigarettes for all users within a decade.

When Winds and Negligence Combine to Cause Injury to Northern Californians

January 2, 2015 | Gregory J. Brod

There are many weather threats that people worry about from earthquakes to lightning strikes to flooding. You might not put winds at the top of this list, but winds can and do cause major damage that can lead to serious injuries or even deaths. As with other weather-related safety threats, Mother Nature may seem like the primary culprit in wind injuries. However, our Sonoma natural disaster injury attorney knows that people and their decisions often share the blame. It can absolutely be appropriate to bring a civil claim when the negligence of a person, company, or even municipality combines with a known natural threat to leave you seriously injured or grieving.

Strong Winds Wreak Havoc in Sonoma County

As The Press Democrat reported, high winds in Sonoma County on Tuesday caused a wide range of property damage. Trees and power line were toppled, smashing into cars, damaging homes and blocking roads, closing Interstate 80 in Vallejo at the height of the afternoon commute. Winds also created other transportation problems throughout Northern California, shutting down the ferry service from San Francisco to East Bay, causing a power outage that interrupted BART services, and delaying flights out of San Francisco International Airport. Emergency dispatchers report receiving calls about more than 50 wind-related incidents and PG&E reports power outages impacted over 5,000 customers. While no injuries were reported in Sonoma County, winds were implicated in at least two deaths in Butte County, an area approximately 90 minutes north of Sacramento.

To a Safe and Happy New Year

December 31, 2014 | Gregory J. Brod

It seems like each year passes quicker than the last. At The Brod Law Firm, we are grateful for all of the clients who trusted us to advocate for them and to fight alongside them in 2014. We know the decision of which law firm to hire is often a difficult one and we are honored to have worked with you and for you this year. We understand that no one ever wants to need an attorney, but when you do, we hope you continue to entrust us with your legal needs whether in a personal injury, landlord/tenant, health care fraud, or other area.

We also want to remind everyone to be safe as you celebrate New Year’s Eve. As a Northern California DUI injury law firm, we see tragic consequences of drinking and driving. While we generally see the victims of drunk drivers and not the impaired drivers themselves, we believe everyone can use a reminder from time to time about the dangers of drinking and driving. As a recent campaign emphasized, Buzzed Driving Is Drunk Driving and the only safe level blood alcohol level is zero.

Elevated Risk on the Roadways on New Year’s Day

Northern California Bicycle Accident Lawyer Examines Bike-on-Bike Accidents

December 30, 2014 | Gregory J. Brod

Bicycling can be a fun hobby, an alternative to the gym for the fitness-minded, a wallet and environment friendly commuting method, or a combination of the above. While it is usually health-positive, bicycle accidents can range in severity from simple bumps and bruises to a fatal crash. We have written numerous posts addressing the dangers posed by drivers on auto-pilot who fail to pay attention to travelers on two wheels instead of four. This danger is real and is probably the source of the majority of serious bicycle collisions. It is not, however, the only threat to riders. Bike-on-bike collisions are dangerous on their own and can also be the first incident in a chain reaction that includes a motor vehicle crash. In some bike versus bike cases, according to our Oakland bicycle accident lawyer, an injury lawsuit may be appropriate.

Rider Killed During Group Bicycle Ride in Livermore

A Saturday morning bicycle ride turned tragic, claiming a rider’s life in the Livermore area last weekend. The San Francisco Chronicle reports that fifty to sixty cyclists were riding east on Highland Road near Manning Road. Two riders collided and a third, an unidentified cyclist riding towards the middle of the group, attempted to avoid the crash by crossing over the double-yellow lines into the opposing lane of traffic. In this attempt, the third rider, identified by other cyclists as Dublin resident and high school administrator Herman Shum, was thrown from his bike and landed in the road. At the same moment, a westbound truck driver noticed the collision and braked while veering to avoid the incident. Tragically, this happened at the very moment Shum fell and the truck hit the cyclist who was later pronounced dead at the scene. In addition to the fatality, one rider suffered major injuries and one incurred minor injuries. CHP Officer Eric Anderson told reporters that both crashes, the bike-bike and truck-bike collisions, are under investigation. Police do not believe alcohol or drug use was a factor.

Recovering Injury Compensation Following Mudslides

December 26, 2014 | Gregory J. Brod

“Natural disasters” – the term speaks volumes, both about terrible consequences and about the root cause. While it may seem like there is no recourse beyond one’s own insurance (and sometimes not even that) for victims of natural disasters, this is not always the truth. Although many companies in the insurance and a range of other industries would like victims to believe otherwise, the damage is often exacerbated by human acts and in some cases the disaster itself may be a hybrid, caused by both nature and man. One area in which this rings true, an area of particular concern given the recent storms throughout the West Coast — mudslides. Our Northern California mudslide lawyer wants people injured in mudslides to know that they may have legal claims against not only their own insurance policies but against a range of players whose acts may have contributed to the frightening events.

Mudslide Closes Roadway Near Golden Gate

Early this week, large mudslide closed sections of southbound Highway 101 in Sausalito, Marin County. A large mass of earth gave way at approximately 2 A.M. on Monday, about five miles north of the iconic Golden Gate Bridge. The mudslide left the highway littered with ten-foot boulders, chunks of soil, a tree, and even a light pole. While the event backed traffic up for miles and the San Francisco Chronicle warned North Bay commuters to expect long delays as Caltrans worked to clear the road, no one was injured in the slide. CHP warned, however, that the area would need to be evaluated for risks of additional slides.

Toy-Related Injuries in the Holiday Season

December 24, 2014 | Gregory J. Brod

Holidays such as Christmas and Chanukah are about many things — religious beliefs, longstanding traditions, family, and friends, to name a few. For kids, no matter how hard adults try to teach otherwise, these holidays are often about one thing – presents! As parents, aunts, uncles, and dear friends, we find there are few pleasures as sweet as watching a child’s joy when s/he opens just the right gift. The right toy can brighten a child’s entire face. And the wrong toy…to our Northern California child injury law firm the wrong toy is not the one that doesn’t match the child’s list but rather the one that results in a toy-related injury, a problem that is far too common this time of year.

40% Rise in Toy-Related Injuries Between 1990 and 2011

Earlier this month, CNN reported on a study in the journal Clinical Pediatrics abstract that found toy-related injuries increased 40% in the U.S. between 1990 and 2011. There were over 3 million kids treated in emergency rooms for toy-related injuries throughout the time span with the rate of injury rising from 18.88 per 10,000 children in 1990 to 26.42 in 2011. Dr. Gary Smith, lead researcher and Director of the Center for Injury Research and Policy at Nationwide Children’s Hospital, suggests these numbers underestimate the problem of toy injuries. The study included hospital emergency room visits but not injuries treated in urgent care centers and doctors offices in addition to those who did not seek treatment. The study also left out toy-related deaths.

Holiday Decorating Safety

December 23, 2014 | Gregory J. Brod

It is a season of magic and happiness. It is a time for family. It is a time for memories, recalling holidays past and making memories to last a lifetime (or even longer as stories are told to the next generation). It is a special time, whether you celebrate Christmas, Hanukah, Winter Solstice, or simply enjoy a cup of hot cocoa. Sadly, the same decorations that help make the season special can turn a happy scene into a tragic one. In this post, we look at the risk of holiday decorating injuries with the goal of helping readers stay safe this holiday season and ensuring your memories are of family and friends not paramedics and emergency room personnel (though we cannot thank these everyday heroes enough for their work, especially when they sacrifice time with their families to protect all of ours).

Holiday Decorating Injuries on the Rise

According to the U.S. Consumer Product Safety Commission (“CPSC”), between November and December 2012 approximately 15,000 people ended up in the emergency room because of injuries linked to holiday decorations. The number has steadily increased since 2009 when the figure was 12,000. Put another way, there are currently somewhere around 250 injuries each day during the holiday season with falls, lacerations and back strains topping the list. Another holiday danger is fire with 200 fires per year between 2009 and 2011 originating with the Christmas tree, incidents that left 10 people dead, 20 injured, and caused $16 million in property damage. Candles were another common fire culprit, leading to 70 deaths, 680 injuries, and claiming $308 million in property from 2009 to 2011.

The Uncertain Legal Status of Uber and Other Ride-Share Companies

December 19, 2014 | Gregory J. Brod

Perhaps the biggest phenomenon in the transportation world during 2014 has been the rise of Uber and other ride-share apps. While some have been in existence for a number of years, ride sharing companies grew exponentially this year with both riders and drivers taking advantage of technology allowing a person in need of a ride to connect with a driver for hire. Although the services have many loyal devotees, there are increasing concerns about what happens when things go wrong both in terms of car accidents and when either party has bad intentions. Our San Francisco injury law firm is closely following the related legal developments and fully prepared to represent people injured while using Uber or other ride-share services whether in a crash or as the victim of an assault.

“Common Carrier” or Just Another Driver?

Uber and other rideshare apps may save passengers money but customers may not have the same legal protections they have in a traditional taxi. As the California Civil Jury Instructions explain, “common carriers” are companies that are in the business of transporting the general public or their property. This is important because common carriers owe enhanced duties and “must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers [or property]” (California Civil Jury Instructions 902). In contrast, a typical driver only owes a duty of ordinary care, a much lower standard. The enhanced duties make it easier to recover in a personal injury lawsuit if a car accident occurs. It is well-established that taxis and buses fall into the category of common carriers. While at least some courts have found ride-share companies fall into this category, others have yet to rule on the issue and the companies strongly contest the label.

The Impact of Alcohol: Santa Rosa Injury Lawyer Examines the True Meaning of BAC

December 18, 2014 | Gregory J. Brod

In most news stories (and blog posts) about drunk driving accidents there is at least one reference to blood alcohol concentration (“BAC”). Most readers have probably heard that the legal limit in all states is 0.08%, but it can be hard to understand what BAC really means. Today, our Santa Rosa DUI injury law firm looks at what BAC means from a driving skills standpoint.

From “Buzzed” to Legally Drunk…

In a dedicated drinking and driving fact sheet, the National Council on Alcoholism and Drug Dependence (NCADD) looks at how alcohol impacts a driver even before reaching the 0.08 mark. It is worth noting that these are generalized based on an average person and some people may experience a greater impact from the same BAC.

Commercial Truck Accidents and Legal Liability: Who’s Responsible When Trucks Cause Injuries?

December 16, 2014 | Gregory J. Brod

Responsibility. It is one of the most important values we can pass on to our children. As children grow into young adults, it becomes increasingly clear that responsibility is at once a simple concept and a quite complex one. If you didn’t stop a friend from driving drunk and the friend causes a crash, are you responsible? If your boss tells you to deliver the pizza within ten minutes and you speed to get there, are you responsible, is your boss, or are you both? In today’s post, our San Francisco injury law firm looks at one small segment of this issue from one particular vantage point: truck accidents and legal responsibility.

Semi-Truck Involved in Five Car Pileup

Authorities are trying to determine what caused a multi-vehicle accident in San Francisco this past Saturday afternoon. Per the San Francisco Chronicle, the unidentified driver of a semi-truck suffered life threatening injuries after colliding with one vehicle and crashing into three parked cars before hitting a building located at 21st and Guerero. A second person was also injured in the incident. The Chronicle reports that photographs on social media sites show the truck bore a Safeway logo.