San Francisco Injury Lawyer Blog

Industrial Tragedy Rocks Texas Town, Tragic Week Continues with Fertilizer Plant Explosion

April 19, 2013 | Gregory J. Brod

It has been a week filled with difficult news. Our hearts go out to those injured in the Boston Marathon bombing and to the families of those killed in the attack. A day later, on Tuesday, a frightening story of envelopes potentially containing a dangerous poison followed. The week was already bad enough when, on Wednesday evening, an explosion rocked a Texas town. Our San Francisco industrial accident law firm is closely following this developing story, a case involving a workplace explosion and the added risk of toxic exposure.

Explosion Levels Town, Claims Lives, and Raises Concerns of Toxic Exposure

At the time of this writing, the story was still unfolding and The San Francisco Chronicle reported that the explosion at a fertilizer plant in Texas had claimed between five and fifteen lives. The incident occurred in the town of West, a community of 2,800 about twenty miles north of Waco. Reports indicate that an initial fire at the West Fertilizer Company broke out around 7:30 P.M. and was followed about 50 minutes later by a large explosion registering a 2.5 on the Richter scale. The blast leveled a five-block area and left a scene that Sergeant William Patrick Swanton of the Waco police department called “almost tornadic” in appearance. Other witnesses say it looked like a war zone. More than 150 people were taken to hospitals in the area, including at least 24 in critical condition and 38 more in serious condition at the time of the article. Injuries included broken bones, major lacerations, and burns. Emergency personnel who responded to the initial fire are believed to be among the victims and three to five firefighters were unaccounted for as of a briefing on Thursday morning.

San Francisco Accident Attorney on the Danger of Collisons Between Bicycles and Automobiles

April 18, 2013 | Gregory J. Brod

Last week our San Francisco based attorney wrote on a tragic accident in San Francisco when a biker collided with a 71-year-old man in the Castro district. While in that instance, the bicycle rider seems to be at fault in the accident, collisions involving bicyclists are not always caused by them, nor are they necessarily at fault. This week, we will look at collisions between bicyclists and automobiles.

Collision between pedestrians, bikers, and automobile drivers is not uncommon, especially in areas of dense population like San Francisco. Whether because of unfortunate circumstances, carelessness, or failure to follow road rules, accidents occur. It is the most unfortunate however, whenever a fatality occurs.

A couple of months ago, a woman, later identified as Diana Sullivan, a San Francisco native, was hit by a concrete-mixing truck while riding her bicycle. This occurred early Saturday morning in front of AT&T Park. Both Sullivan and the truck were heading westbound on King Street when they collided near the intersection of Third and King Street. Sullivan was taken to San Francisco General Hospital with life threatening injuries and was pronounced dead later that day. The driver was not cited and police do not believe drugs or alcohol were a factor in the accident.

California Landlord-Tenant Law Protects Renters from Common Contaminants

April 17, 2013 | Gregory J. Brod

There are some great landlords out there, but there are also some terrible ones. It is because of the latter that California law provides a number of specific protections for renters. This includes rights related to hazardous materials, rights that protect the health of California renters during their tenancy and for many years after. As a Northern California tenants’ law firm, The Brod Firm helps protect the right of renters to a safe, healthy home. In this post, we discuss four common forms of household contamination that can threaten the health of tenants:

• Mold

With the Toxic Mold Protection Act, effective in 2001 and codified in both the Civil Code and the Health and Safety Code, California was the first state in the U.S. to pass a law addressing toxic mold in the context of residential rental units. Landlords must issue written notice to prospective and current tenants if mold is known to exceed certain limits. Failing to do so entitles the tenant to file a legal action seeking reasonable compensation. Landlords must take reasonable action to prevent mold through common maintenance habits. If a tenant reports mold, landlords or building managers must respond in a timely fashion to maintain a habitable dwelling, making a reasonable effort to remove existing mold and prevent future growth. Failing to meet these obligations is deemed to cause harm and costs for the tenant. Notably, the law does not require landlords to test for mold. Mold issues require a complex mix between law and fact, making it essential that any tenant affected by mold seek counsel from direct experience helping tenants with mold issues in California.

Study Finds Elder Abuse Leads to Increased Rate of Hospitalization

April 15, 2013 | Gregory J. Brod

Sometimes the outcome of a study leaves us thoroughly surprised. Other studies have results that seem like common sense. While a recent elder abuse study falls firmly in the latter category, it is still a study of great importance. First, our San Francisco elder abuse lawyer believes firmly that any study that forces people to focus on the problem of elder abuse is important. Second, the study presents yet another reason why elder abuse must be considered an important issue by pointing to a major economic cost that impacts victims and our society as a whole. Third, by confirming a suspected link, the study also provides one more “sign,” noting an outcome that should raise suspicions and encourage professionals to consider whether elder abuse may be affecting a particular individual.

The Study: Methods and Conclusions

A study published in the April 8 issue of the Journal of American Medical Association and detailed in a press release from Rush University Medical Center concluded that older adults who experience elder abuse or neglect are more likely to be hospitalized than other seniors. Dr. XinQi Dong, the study’s lead author, noted that while elder abuse clearly led to an increased mortality risk, especially due to cardiovascular problems, no prior study had focused on the relationship between abuse and health care utilization in the senior population. His study involved 6,674 community-dwelling seniors (i.e. those not living in a care facility) in Chicago, including 106 whom social services groups concluded were victims of elder abuse between 1993 and 2010.

Vehicle Recalls: Keeping Drivers Safe on the Road

April 12, 2013 | Gregory J. Brod

When America met the car, it fell in love. Over the years, this love affair has turned into dependence. Americans rely on their cars more with each passing decade. The U.S. Department of Transportation reports that the nation’s highways saw an estimated 2.8 trillion vehicle-miles during 2000, a nearly four-fold increase since 1960. We trust in our vehicles, assuming they are built with safety foremost in the manufacturer’s mind. Automobile recalls are evidence that sometimes this trust is misplaced. When defective cars lead to injury or death in Northern California, our San Francisco defective vehicle lawyer is ready to help. These cases lie at the intersection of product defect and automobile injury law, and they require an understanding of the recall system, all areas expertise offered at The Brod Firm.

Three Million Vehicles Recalled for Air Bag Defect

Airbags began to hit the commercial vehicle market in the late 1980s and, in the ensuing decades, we’ve come to consider them a standard safety feature. This week, however, The San Francisco Chronicle reported that more than three million vehicles from Toyota, Nissan, and Honda are being recalled due to an air bag defect that could cause the passenger side inflator to burst and send plastic pieces flying in the vehicle. Recalled vehicles from the three manufacturers are believed to be in countries across the globe including North America, Europe, Japan, Latin America, and Africa. Overall, the recall includes an estimated 1.7 million Toyota vehicles, 1.1 million Honda’s, and 480,000 vehicles from Nissan. Other automobile companies may also be involved in the recall.

Pedestrian Death Following Collision with Bicycle in Castro

April 10, 2013 | Gregory J. Brod

Bicycling through the streets of San Francisco is a great treat due to the city’s unique landscape and breathtaking views. For those who work in the city, bicycling provides a fast and efficient means of transportation in a small, but busy and dense city. Visitors have the opportunity to explore the city on rented bikes along the Marina district or through Golden Gate Park, among many other areas. Although biking can be fun and a good alternative for travel throughout the city, it can also be a dangerous activity if bicyclists do not properly adhere to the rules of the road.

Tragic Collision in the Castro

A little over a week ago, Chris Bucchere, a San Francisco native, was riding his bike through the Castro district near the particularly busy intersection of Market and Castro, early in the morning. Shortly after 8 a.m., Bucchere collided with 71-year-old man Sutchi Hui, who was walking east in the crosswalk. Bucchere is reported to have lost consciousness from the collision but regained it after several minutes. Both were brought to the hospital where Hui died.

Preventing Gun Accidents, Protecting the Victims

April 10, 2013 | Gregory J. Brod

Debates are raging across the country on the topic of gun control. We do not intend to take a political stand on these issues. However, our Sacramento wrongful death lawyer knows that accidental shootings are a very real danger. These accidents can claim lives or cause serious injury and our firm is prepared to help the victims, regardless of which side of the political aisle they occupy.

Four Year-Old Picks Up Loaded Weapon, Accidental Kills Deputy’s Wife

This week, the Sacramento Bee’s website carried a tragic story from the Associated Press’s Nashville reporters. Wilson County is located in central Tennessee, just east of Nashville. According to investigators, Deputy Daniel Fanning of Wilson County Sheriff’s Office was showing a gun to a relative who was visiting his home for a family cookout on Saturday April 6. He had placed the gun on a bed when a four year old boy entered the room. The child picked the gun up and the weapon discharged. The bullet hit and killed 48 year old Josephine Fanning, the deputy’s wife. Sheriff Robert Bryan told reporters that the gun involved in the shooting was not the deputy’s service weapon and that the deputy normally stored his weapons in a safe.

Elder Abuse Forensics Centers: A Collaborative Approach to Combatting Elder Abuse

April 8, 2013 | Gregory J. Brod

To start, we’ll say that we believe the answer is “Yes.” The question is one posed in a recent article carried by Salon.com and The Crime Report – “Can elder abuse be stopped?” We believe the answer is yes, but we know this cannot occur without widespread efforts from law enforcement, courts, interest groups, and individuals. Our Northern California elder abuse law firm is proud to be a part of these efforts.

A “Dirty Little Secret”

As The Crime Report article notes, Americans over age sixty-five are the fastest growing demographic in the nation. Abuse targeting this growing population of seniors ranges from the economic to the physical, including sexual abuse and neglect. One advocate referred to elder abuse as “[a] dirty little secret” and experts agree too little is being done to stem the growing problem. A key obstacle to the battle against elder abuse is the lack of coordination between groups addressing the problem, including law enforcement, social services, and medical practitioners.

Brittle Rods Break During Construction of Bay Bridge Eastern Span

April 5, 2013 | Gregory J. Brod

Bridges are impressive works of architecture and engineering, a fact we here in San Francisco know particularly well. Driving across a bridge is an exercise in trust. We rely on the architects who designed the bridge, the companies that supplied the parts, and the engineers who built the span. Our San Francisco dangerous roads lawyer is prepared to hold any and all of these players responsible if the span proves unsafe and a defective bridge proves unworthy of our trust.

Dyson-Supplied Rods Snap, Caltrans Cites Contaminated Steel as Culprit

According to a report in The San Francisco Chronicle, Caltrans is planning to inspect materials used in the new Bay Bridge eastern span after rods made by the supplier failed a key test. Dyson Corporation made or supplied a range of materials used in the construction of the bridge, a $6.4 billion project scheduled to open in early September. The materials include 96 galvanized steel rods used to secure the cables that strengthen the bridge near Yerba Buena Island. Last week, Caltrans reported that more than a third of these Dyson-supplied rods snapped as workers tightened them into place. Caltrans also acknowledged this week that the agency had approved the bolts despite the fact that previous tests raised questions about whether the bolts could stretch during an earthquake.

Protecting California Renters: The Issue of Secondhand Smoke

April 3, 2013 | Gregory J. Brod

California has long led the nation in efforts to protect people from the health threat of second-hand smoke. An article published by The New York Times on the eve of 1998’s extension of the public smoking ban to refers to “the biggest assault yet on cigarette smoking in the United States.” While these laws have allowed Californians to visit a range of public places without worrying about exposure to secondhand smoke, some people have continued to battle the health threat in their own homes. City living often means living in close proximity to others and also involves more frequent moves into new locations that may still have lingering traces of former tenants. Our San Francisco tenants’ lawyer is closely watching as the courts and regulatory bodies consider secondhand smoke in multiunit living areas.

Jury Awards Damages to Tenants Impacted by Secondhand Smoke

A recent ruling by a Superior Court jury in southern California, reported in the Orange County Register, held a homeowner’s association negligent for their failure to fully address a dispute between neighbors about secondhand smoke. In March 2011, Kim and Kai Chauncey brought suit against Bella Palermo Homeowner Association and TSG Independent Management, adding Lauren and Richard Lee Pulido, the tenants whose unit was next door to the Chauncey’s unit in the Trabuco Canyon condominium. According to the complaint, the Chaunceys’ neighbors and their visitors frequently smoked on sidewalk and patio areas, leading to the presence of secondhand smoke in the Chaunceys’ own unit and aggravating their son’s asthma. They allege that they complained but that no action was taken by the homeowners association, the management company, the condo owner, or the tenants themselves. Eventually, the Chauncey family felt compelled to move and rent elsewhere.