San Francisco Injury Lawyer Blog

Lead Poisoning is Dangerous for Children and Adults

June 15, 2021 | Gregory J. Brod

There is no such thing as a safe level of lead in the blood. Even the smallest amounts can result in unpleasant symptoms and mood disorders. When children suffer from lead poisoning, it is particularly hazardous because it can result in developmental delays and lifelong problems. While many lead poisoning cases focus on child injuries, adults can also suffer serious consequences when they are exposed to lead. Regardless of who is hurt by lead poisoning, they can hold manufacturers, property owners, and sometimes even more parties responsible for paying damages.

The Dangers of Lead Poisoning in Children

Prior to 1978, it was very common for paint used in homes to contain lead. Although this practice has been banned since the end of that decade, homes and other properties built before that time still often contain the dangerous substance. There are approximately four million homes in the country that currently have children living in them that are being exposed to lead on a daily basis, according to the Centers for Disease Control and Prevention (CDC). Due to the fact that these properties are older structures, the paint is often flaking and deteriorating, causing children to inhale or ingest it.

Difference Between Wrongful Death and Survival Actions in Southern California

May 20, 2021 | Gregory J. Brod

No one should have to lose a loved one as a result of the negligent, or careless, actions of another person. When someone dies because of someone else’s negligent behavior, family members often know they can file a wrongful death lawsuit against the individual to secure certain damages. However, many people are surprised to learn there is another type of claim they can file known as a survival action. So, what is the difference between a wrongful death claim and a survival action?

Wrongful Death Claims in Southern California

California law allows surviving spouses, partners, children, and grandchildren of the deceased to file a wrongful death lawsuit. The damages sought in wrongful death actions are intended to compensate surviving loved ones for their losses. These may include:

Steps to Take After a Rideshare Accident in San Francisco

April 30, 2021 | Gregory J. Brod

Rideshare programs are becoming extremely popular today. Companies such as Uber and Lyft have provided a convenient way for people to get around. They have also been touted as a safer means of transportation, particularly for those who have been drinking alcohol. However, ridesharing drivers are just as likely to get into an accident as any other type of driver. When these crashes occur, it is important to determine which driver was negligent so that injured passengers can hold them liable. When filing a claim, taking the steps outlined below is important to increase your chances of success.

Call the Police

Whether you were the other driver involved in the crash, or the passenger inside the ridesharing vehicle, you should call the police after an accident. If the ridesharing driver was negligent, other motorists and passengers can file a claim against them or the company. If you were a passenger in the ridesharing vehicle and another driver was at fault, you will need to hold them liable. In any case, a police report will indicate the negligent behaviors that caused the accident, and the party that was at fault. All of these details will help bolster your claim.

Four Quick Facts About Personal Injury Law in CA

February 28, 2021 | Gregory J. Brod

Accidents happen every day in California, and when they do, they change the lives of accident victims. Most accidents are preventable and are caused by one careless or negligent action of another individual. After an accident occurs, you can file a compensation against the liable, or at-fault, party. Unfortunately, the personal injury claims process is not easy, and one mistake could cause you to forfeit the compensation you desperately need after an accident. Before filing your claim, consider the following four quick facts about personal injury law in California.

California Follows Tort Law

Along with most other states in the country, California is a tort state. This means that if you are injured in an accident caused by the negligence of another person, you must file a claim directly against the liable party, or with their insurance company. If you contributed to the accident and are found to be partially at fault, you can still file a claim to recover a portion of the damages available. California follows pure comparative fault law, meaning that even if you are assigned 99% of fault, you can file a claim for the remaining 1% of damages you sustained.

What is a Wrongful Death in California?

February 8, 2021 | Gregory J. Brod

Accidents can happen in an instant, and when they do, they can be tragically fatal for accident victims. After a fatal accident, surviving family members are left grieving one of the worst kinds of losses. In addition to the grief loved ones feel during this time, they are also left with costs related to their loss, including funeral and burial costs, loss of services, loss of companionship, and more.

Surviving loved ones can file a wrongful death claim to recover compensation for these losses, but wrongful death claims are some of the most complex to file. A San Francisco wrongful death lawyer can help family members overcome the obstacles these claims present so they receive the full damages they deserve.

What is Wrongful Death?

Do You Have a Valid Personal Injury Claim?

November 15, 2020 | Gregory J. Brod

Accidents happen every day, and it is not always easy to determine if you have a valid personal injury claim afterward. It is for this reason that you should always speak to a personal injury attorney after any type of accident. However, before calling a lawyer, you can also read through the guidelines below to determine if you have a valid personal injury claim.

You Were in an Accident

To file a personal injury claim, you generally must have been involved in an accident. Personal injury law covers a wide variety of circumstances. Car accidents, truck accidents, bicycle accidents, and slip and falls are just a few of the most common types of accidents. Additionally, you may have a valid claim if you were bitten by someone else’s dog or were hurt by a defective product.

How can Dashboard Cameras Affect Your Lawsuit?

October 15, 2020 | Gregory J. Brod

Dashboard cameras, more commonly known as dash cams, are becoming increasingly popular in California. People sometimes use them to capture the actions of police officers while on duty, or to obtain footage of potentially dangerous drivers, such as individuals other motorists suspect are driving while impaired. Dash cams are also sometimes used to collect evidence during car accidents, as they can show what happened in the moments leading up to a crash and determine which driver was negligent. The question is, do dash cams help your case, or can they actually hurt it?

Are Dashboard Cameras Legal?

Dashboard cameras have been legal in California since 2011. However, there are restrictions placed on them. Dash cams cannot be any larger than five square inches when they are located in the upper center of the windshield. When they are placed in the lower right corner, dash cams can be no larger than seven square inches. Dashboard cameras can also not be placed anywhere an airbag would deploy.

Property Owners are Responsible for Their Swimming Pools

July 30, 2020 | Gregory J. Brod

According to the CDC, 3,500 people die from unintentional drownings not related to boating every year. Many of those deaths occur in swimming pools located on the properties of hotels, apartment buildings, and condominium complexes. The owners of these properties are responsible for ensuring that their swimming pools are safe and that they have warning signs up regarding the risks associated with swimming pools. When property owners fail to do this and someone becomes injured or killed in their swimming pool, they can be held liable.

Responsibility of Property Owners

Property owners are responsible for ensuring that their property is safe and well maintained, and that includes swimming pools on the property. When it comes to swimming pools specifically, property owners are responsible for:

Distracted Driving Involves More Than Your Phone

June 15, 2020 | Gregory J. Brod

To most people, the term ‘distracted driving’ usually refers to texting while driving. Although texting and driving is a form of distracted driving, and against the law, there are many other types of distractions drivers contend with when behind the wheel. Although these other forms of distractions may not be against the law, a driver may still be found negligent when engaging in these behaviors. Accident victims can hold negligent drivers liable for providing compensation for any injuries or losses. For this reason, it is crucial that all drivers are aware of the different types of distractions, so they can avoid them.

Adjusting Controls in the Vehicle

Looking over to adjust the climate control in your vehicle, the radio, or any other type of control may seem like a fairly safe practice. When you do this though, you take your eyes off of the road, and you can cause an accident in that short moment. If possible, ask a passenger to make these adjustments, or use the controls on the steering wheel, if your vehicle is equipped with them.

How Much is My Dog Bite Claim Worth?

May 31, 2020 | Gregory J. Brod

Under California’s strict liability laws, individuals that are bitten by a dog are entitled to hold the owner liable for paying compensation. Dog bites are very serious injuries and can cause permanent scarring, disfigurement, deep cuts, and secondary infections. These injuries are not only painful, but they are also expensive to treat.

While it is important to remain realistic about the damages one may receive, it is just as important to not undervalue a claim. Although no one can say with certainty how much a dog bite claim is worth, there are some guidelines you can follow to determine how much you can recover in damages.

The Nature and Extent of Your Injuries