Fire Injuries

Cigarette Fires & Civil Liability

November 18, 2014 | Gregory J. Brod

For many years now, both scientists and lay people have known that smoking is not only dangerous, smoking kills. Smoking, according to the Centers for Disease Control (“CDC”), damages almost every organ in the body and holds the dubious distinction of being the top cause of preventable death in our country. Our Oakland fire injury lawyer notes that in addition to the health danger to smokers and bystanders, cigarettes and other lit products carry a fire risk that can cause additional injuries and fatalities. Cigarette fires are particularly tragic because they are wholly avoidable.

Hayward Home Fire Blamed on Cigarette

Instead of enjoying a leisurely Sunday morning, people on the 25600 block of Soto Road were jolted awake by fire alarms that sounded around 7:15 AM. As The Oakland Tribune reported, the fire began in one bedroom of the two-story home and spread to another bedroom, destroying both rooms. However, firefighters were able to limit the damage to the upstairs. While all three people living in the home were displaced, they did escape. Two cats perished in the fire and two others ran away.

Fires, Construction Sites, and Third-Party Injury Suits

November 6, 2014 | Gregory J. Brod

Construction work is a risky occupation. Certain dangers are particular to construction sites (i.e. falls from scaffolding); other times workers face an increased risk of a common danger. Construction site fires are an example of the latter type of threat. Although workers are usually required to turn to the workers compensation system for claims against their employers, third party liability can provide additional recourse. Our Oakland construction injury attorney stands ready to help injured workers obtain all the compensation provided under state and federal law.

Construction Site Fire Destroys Homes-in-Progress in Pleasanton Area

Firefighters were called to a construction site fire in Pleasanton around 2 A.M. on Tuesday November 4th. ABC7 spoke with Joe Tesla, Battalion Chief for the Livermore-Pleasanton Fire Department, who said firefighters didn’t need to look for the address for the site — the blaze was so big that they could see where they were headed the moment they left the station. The fire engulfed and destroyed homes being built on Valley Avenue. Two homes will need to be demolished, two others were minimally damaged.

SFFD Fine Against Property Owner Points to Example of When Seemingly Minor Infraction Can Lead to Major Disaster

September 12, 2014 | Gregory J. Brod

In the scheme of things, a fine or a single building code violation leveled against a landlord may not seem to be mean much to the layman, and there are plenty of responsible property owners who will properly attend to remediating the cause of the fine or violation. However, as San Francisco landlord-tenant law attorney Gregory J. Brod would point out, sometimes even a seemingly minor infraction can be the basis for a major incident.

That was the case, it turns out, with respect to at least one property in San Francisco recently. According to the San Francisco Chronicle, the San Francisco Fire Department issued two citations to a company that owns a Civic Center property in which the sprinkler system was improperly removed. The Build Group, Inc., of San Francisco was fined $1,000 for removing or disabling sprinklers at the former Renoir Hotel, which was consumed in a big fire August 4 that injured seven construction workers.

Build Group has been managing a $30 million renovation of the closed Renoir Hotel, which is slated to become a “high-end boutique hotel with 135 rooms,” two restaurants, a conference center and a rooftop bar, according to the company’s website. Construction work at the seven-story, 83,300-square-foot building has included seismic upgrades as well as remodeling.

The fire occurred when a spark, ember or flame from a welding torch spread from the second-floor crawl space and throughout the building at 45 McAllister St, according to SFFD spokeswoman Mindy Talmadge.

The SFFD issued Build Group a second $1,000 citation for removing the sprinkler system at another one of its construction sites, this one at 218 Buchanan St. Talmadge said that the company was instructed to leave the sprinkler systems at both of it sites intact.

Build Group, however, is appealing the citations because it believes it was following SFFD instructions and that it “never received a directive instructing the company to not remove fire sprinklers.”

One thing that is quite clear it that the SFFD believes that bringing the fire under control at the former Renoir Hotel would have been a much easier task had the sprinklers been in place, according to Talmadge. And since that is what sprinkler systems are designed for, the Fire Department’s assessment is not an unreasonable one.

Municipalities have building codes, fire regulations and other safety-related ordinances for a very valid reason: to help safeguard the lives and protect from harm the people who live or work in and visit their city. A seemingly minor infraction can, if not adequately addressed by a landlord, lead to unnecessary injuries or even deaths. In addition, a violation of the so-called implied warranty of habitability, a fundamental concept of landlord-tenant law that, under California law, mandates that every tenant has the right to a habitable unit, can be the basis for a tenant pursuing legal action against the landlord.
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Fireworks Safety on the Fourth of July

July 4, 2014 | Gregory J. Brod

The Fourth of July is a day to come together to celebrate our country and our freedoms. It is a day to appreciate those who’ve secured our many rights and the brave men and women who helped found our nation. Of course, it is also a day to have fun. It is a day for picnics, parades, and pool parties. For many, the day wouldn’t be complete without fireworks. While we appreciate the gorgeous displays put on by cities and small towns alike, our San Francisco fireworks injury law firm has seen the harm that fireworks can cause. This post is dedicated to safety and not becoming a fireworks injury statistic.

Fireworks Injury Statistics

According to a National Fire Protection Association (“NFPA”) Fireworks Fact Sheet, 8,700 people sought emergency room treatment nationwide in 2012 for a fireworks-related injury. As the NFPA notes, the risk of firework injuries extends beyond public and private displays to include anyplace they are made, transported, sold, or stored. While many people assume they are a safe alternative, sparklers were responsible for 16% of the firework injuries treated in emergency departments from June 22 to July 22, 2012, ranking second only to small firecrackers (18%).

California Vehicle Fire Lawyer Examines the Threat of Car Fires

June 13, 2014 | Gregory J. Brod

Our work representing the injured involves a wide array of circumstances and varied incidents. The common link — they all stem from a defendant’s negligent, reckless, or otherwise wrongful act. Having experience in a range of injury arenas is particularly helpful when, as is often the case, a single incident involves overlapping issues. Vehicle fires are a good example and our experience in both burn/fire cases and in auto accidents mean our team is well-equipped to serve as your Oakland car fire law firm.

Vehicle Being Towed Bursts Into Flames in Benica

Shortly before noon on Wednesday, according to the Contra Costa Times, a passenger car being towed from Point Reyes to Pittsburg burst into flames on Eastbound Interstate 780 near Southampton Road in Benica. Firefighters arrived to find the car engulfed in flames. The tow truck and a patch of grass were also on fire. The truck driver reported that a loud pop from the car caused him to pull to the shoulder as smoke began to appear. His effort to control the flames with a portable fire extinguisher failed due to the rapidly growing blaze. Luckily, no injuries were reported. An investigation is underway.

Injury Lawyer Discusses Prevention Following Pair of Tragic San Jose Mobile Home Fires

May 16, 2014 | Gregory J. Brod

When it is controlled, fire can light the darkness, warm the cold, and make food safe to eat. When uncontrolled, however, fire can destroy property, cause permanent and disfiguring injuries, and claim lives. This post focuses on the specific threat of mobile home fires, including advice on prevention and a reminder that our San Jose mobile home fire lawyer is available to help when a fire caused by someone’s negligence or recklessness leaves a victim injured or dead.

Two Fatal Fires Strike San Jose Mobile Home Park in Single Week

On Wednesday, the Sunnyvale Department of Public Safety responded to a call at Rancho La Mesa mobile home park where, according to the San Jose Mercury News, they found a home engulfed in flames. While 25 firefighters were able to gain control and prevent the fire from spreading, one person was found dead in the home and was so badly burned that an identification could not be made immediately.

Boating Fires: Causes and Seeking Compensation from At-Fault Parties

April 7, 2014 | Gregory J. Brod

It isn’t the first danger most people consider when boarding a boat. After all, there’s a touch of irony in the threat of fire when surrounded by water. Still, our San Francisco boating accident attorney knows that boating fires are a very real danger. Fires, fuel and non-fuel-related, were listed by the United States Coast Guard as the primary cause of 264 boating accidents in 2012 , leading to 5 deaths, 99 injuries, and more than $12 million in property damage (see Recreational Boating Statistics 2012, Table 16). When boating fires occur in the waters of Northern California because someone was negligent (for example, an owner, operator, manufacturer, or maintenance provider), we can help victims file personal injury and wrongful death claims and recover critical money damages.

Eight Passengers Escape Burning Boat Off Tiburon

Eight people, five adults and three children, learned about the potential for boating fires firsthand following a Saturday afternoon boat fire off the Tiburon coast. According to KGO-TV ABC7, the owner of a 35-foot fiber glass motor boat noticed smoke about an hour after departing from San Rafael’s Loch Lomond Marina. He alerted the Coast Guard and was told to have everyone don life jackets, jump into the water, and wait for help. The owner fired off flares to get the attention of nearby vessels. While no one spotted the first two flares, a pleasure craft responded to the third and pulled all eight individuals out of the water. Luckily, the riders were rescued after only five minutes in the water and no one was hurt.

Methamphetamine Manufacturing and the Risk of Explosions Threatening Innocent Bystanders

April 4, 2014 | Gregory J. Brod

While it isn’t a war in the traditional sense, the War on Drugs has claimed countless victims. In addition to those who’ve died as a result of their own drug use, the War’s victims include babies born addicted, people killed in car accidents caused by drugged drivers, and those caught in the violence of the drug trade. Certain drugs pose their own unique threats, such as the risks tied to methamphetamine (aka “meth”) production. Our San Jose methamphetamine injury lawyer is available to help when a meth explosion injures or kills an innocent bystander in Northern California.

Major Drug Bust Nabs Two, Recovers Meth from Hidden Compartments in Suspects’ Vehicle

Recently, the Santa Clara County Sheriff’s Office arrested two people in a motor vehicle that contained 37 pounds of methamphetamine stashed in hidden compartments. As reported in the Oakland Tribune, the arrests of Juan Manuel Ponce-Chavez (age 22 of San Jose) and Norma Yolanda Juarez (age 28 of San Jose) followed an investigation that lasted several months. Police believe Ponce-Chavez is a major drug trafficker whose ties run from San Jose to Michoacan, a Mexican state with a reputation for being rife with drug cartels. Investigators place the wholesale value of the seized meth at over $200,000 and note the value is significantly higher when it is split into street-level sale quantities. The suspects are being held in Santa Clara County Jail on bail listed at $1 million for Ponce-Chaves and $500,000 for Juarez.

Gas Leak Prompting S.F. Neighborhood Evacuation Comes on Heels of PG&E Indictment for 2010 San Bruno Explosion

April 3, 2014 | Gregory J. Brod

In the wake of the September 2010 gas pipeline explosion in San Bruno that killed eight people, it would be understandable to expect that residents in the Bay Area who smell natural gas in the air of their neighborhood would be concerned that another such disaster could be in the offing. Out of an abundance of caution that San Francisco personal injury attorney Gregory J. Brod would agree was the prudent course to take, dozens of residents were evacuated briefly Thursday morning in San Francisco’s Western Addition neighborhood after a gas line unexpectedly broke.

According to the San Francisco Chronicle, the evacuation was prompted by a rupture in a gas line caused by a construction crew that was working on Divisadero Street near Pine Street. Officials from the San Francisco Fire Department then went door to door in a four-square-block area asking residents to leave their homes. At 11 a.m., one hour after the construction crew’s digging caused the line to rupture, the leak was capped.

“When we arrived on the scene, there was a loud hissing sound and a very strong smell of gas,” SFFD Battalion Chief Khai Ali said.

One could say that there was a hissing of a very different sort connected with the 2010 San Bruno gas explosion in San Francisco on Wednesday from safety advocates and critics of Pacific Gas and Electric Co. According to the San Francisco Chronicle, their disappointment arose from a criminal indictment that a federal grand jury handed down Tuesday that accused PG&E of 12 violations of the federal Pipeline Safety Act but did not charge any PG&E executives or managers who made crucial decisions leading up to the Sept. 9, 2010, pipeline explosion.

Included among the questionable decisions made by PG&E executives and managers that were cited in the indictment was the use of a pipeline inspection method that failed to detect the problem with the San Bruno line – a badly made seam weld – as well as the operation of a 6,000 mile natural gas transmission system despite the fact that PG&E officials knew records were missing for large sections of the system.

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“It’s frustrating that it’s just corporate charges and not the individual, because the individuals are hiding behind the corporate veil,” said Carl Weimer, who runs the Pipeline Safety Trust advocacy group in Washington state. “The more you could hold people accountable the better. It really drills down to who really the wrongdoers were. The way it’s left now, it’s just the general corporation, with no individuals accountable.”

The charges listed in the Tuesday indictment carry a maximum penalty of $6 million and the possibility that a judge will appoint a monitor for PG&E’s natural-gas operations.
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In New York City Blast, Echoes of 2010 San Bruno Explosion Are Palpable

March 14, 2014 | Gregory J. Brod

As firefighters and other emergency personnel continue to search for survivors in the wreckage of two brownstones in New York City that were brought down by a powerful explosion on Wednesday, they will also be searching for clues as to what caused the disaster. And with preliminary findings pointing toward a gas leak of some kind as the culprit, San Francisco personal injury attorney Gregory J. Brod finds some unsettling similarities with another explosion that rocked a community in the Bay Area in 2010.

According to The New York Times, the Wednesday morning blast that destroyed two adjacent mixed residential and commercial buildings on Park Avenue near 116th Street in East Harlem resulted, as of Thursday’s count, in eight deaths. That figure matches the number of fatalities from the Sept. 9, 2010, explosion in San Bruno, which also seriously injured dozens more. Unfortunately, emergency responders have continued to find bodies at the East Harlem explosion site.

Whereas in the San Bruno blast, which was also linked to a gas line explosion, 38 homes were completely destroyed and almost another 70 were badly damaged, the New York explosion claimed just the two adjacent brownstones, which had businesses on the ground floor and apartments in the upper floors. However, in both cases many residents were displaced from their homes by the respective explosions. When the two buildings at Park Avenue and 116th Street collapsed, scores of people from neighboring buildings were evacuated – as of Thursday, 70 people from seven neighboring buildings have not been allowed to return home due to the fact that their power remains shut off.

While it is still too early to draw any conclusions as to the cause of the explosion in New York, city officials, investigators and community advocates have focused on the city’s aging infrastructure as a possible factor. At the site of the blast, a majority of the underground pipes were laid down more than a century ago. It will be interesting to see if there was a rupture in the Consolidated Edison gas main, what caused it and if it could have been prevented. Residents of the area have stated that Con Ed workers, firefighters and police were in the neighborhood to investigate possible gas leaks one week before the blast happened. Residents also reported smelling gas the night before the explosion – residents close to the San Bruno blast also reported smelling gas days prior to the explosion there.

In the San Bruno explosion, a government probe found that a break in a Pacific Gas and Electric gas line caused the conflagration. Federal investigators also found numerous defective welds in the PG&E pipeline.

As in the San Bruno explosion, several people suffered serious burn injuries and will be scarred for some time. Of the dozens of survivors who were injured, a few remain in critical condition. And the families of those whose fate remains undetermined have agonized over the status their loved ones, with many congregating at relief centers such as the Red Cross shelter or undergoing the painful experience of visiting the medical examiner’s office to obtain information that might help with identification.
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