Negligence

Construction Defect Lawsuits and the Never-Ending Saga of the Bay Bridge

October 27, 2015 | Gregory J. Brod

It’s a story we’ve followed for years – problems that plagued the Bay Bridge construction project and continue to arise more than two years after the grand re-opening. We hope that paying attention NOW helps prevent tragedy LATER, such as the frightening collapse of the previous span during the 1989 Loma Prieta earthquake. As a San Francisco construction defect injury law firm, we represent plaintiffs injured by construction defects, people for whom repairs come too late. We hope our services are never needed for injuries tied to the Bay Bridge construction (or any other project, for that matter), but when shoddy workmanship on a home, road, or any other manmade structure leads to injuries anywhere in Northern California we are here to help.

More Defects Found in Bay Bridge Components

According to the San Francisco Chronicle, new documents are raising new concerns about the integrity of steel rods used in the eastern span of the Bay Bridge. The newly released report includes statements from an independent engineer suggesting that previously discovered micro-cracks caused by water exposure are present in parts of the span far from where issues were first discovered. Cracking could, per experts, lead to failure. The report is part of a $20 million testing program undertaken after flooded sleeves caused cracking and, in one case, failure of tower rods.

Negligence and Responsibility in Northern California Apartment Fires

October 14, 2015 | Gregory J. Brod

Wildfires have ravaged much of our region this year. Our hearts go out to everyone who has been impacted by these terrible blazes and our thanks go out to the brave men and women who risk their own safety to battle the fires. While wildfires have made headlines, other types of fires can also destroy property, cause serious injury, and even claim lives. Apartment fires pose some unique issues and the actions (or inaction) of landlords and property owners can increase fire risk. When a renter is injured or a life is lost due to an apartment fire caused by owner/landlord negligence, our Santa Rosa apartment fire lawyer is prepared to use the power of the law to fight for the injured renter or grieving family.

Fire Attacks Santa Rosa Apartment Complex

The Press Democrat reports that a destructive fire ravaged a west Santa Rosa apartment building on Sunday. At around 7:45 AM, the fire department began receiving reports of smoke at the 266-unit, two-story complex located near the intersection of Piner and Marlow Roads. Firefighters initially found light smoke, but no visible flames. The battalion chief told reporters that a fire was burning inside the walls and the attic space. He warned that this type of fire is particularly dangerous because they often go undiscovered until smoke begins to billow out into the homes.

From the Playing Fields to Extreme Sports, Part Two: Overcoming Defenses in Recreational Injury Cases

October 9, 2015 | Gregory J. Brod

Last week, we wrote about civil claims for recreational and sports injuries in California, including injuries arising during everything from extreme sports to recreational youth teams. Today, we focus on the two most common defenses in these cases and how our San Francisco/Oakland recreational injury lawyer overcomes them. Specifically, we look at waivers and the doctrine of assumption of risk in the context of sports injuries and other recreational injury cases.

Express Waivers: They Can Be Overcome

Express waivers are often Defendants’ Exhibit One in recreational injury cases. Waivers take many forms, including agreements signed by parents enrolling children in youth sports, releases signed by participants in grueling obstacle course races, and even waivers printed on the back of ski lift tickets. Many people do not even pursue an injury claim because they assume a waiver precludes all legal claim. This is a mistake.

From the Playing Fields to Extreme Sports, Part One: Recreational Injury Claims

October 2, 2015 | Gregory J. Brod

Yes, this is a post about extreme sports and if you’ve arrived at our blog looking for information about extreme sports injuries and California law, you’ll find that. However, this post is also relevant to those who prefer simpler thrills. The California injury law principles we discuss in today’s blog entry apply when a person is injured in any type of recreational activity from cliff-diving to Pee-Wee soccer. Developed over many decades, these principles even apply to newly popular activities like the fast-growing arena of adult obstacle course races. In this first of two parts, our San Francisco sports injury law firm looks at civil claims that can arise as a result of recreational injuries. Next week, we will continue with a look at some of the most common defenses to these claims and how those defenses can be overcome.

Famed Extreme Athlete Dies in Skydiving Accident

A stunt display planned as part of the kickoff to a golf tournament in Squaw Valley took a tragic turn on Monday. The Press Democrat reports that while two other skydivers landed safely on the greens 39-year-old extreme athlete Erik Roner fell hard and crash landed into a tree. Roner’s parachute became tangled, leaving him dangling some 25 to 30 feet above ground. People on the scene scrambled to help, even attempting to form a human ladder to reach Roner, but he passed away before they could succeed. According to a fellow athlete who spoke with the paper, there was no protocol for attempting the type of rescue needed. Given the nature of the accident, the Federal Aviation Administration is conducting an investigation. Roner was a famed extreme athlete known for BASE jumping and his MTV appearances in addition to his skydiving prowess.

Cigarette Fires: Smoking Can Be Hazardous to All of Us

September 18, 2015 | Gregory J. Brod

We hear it even before we enter kindergarten: smoking is hazardous to your health. Typically, this refers to the risk of inhaling harmful chemicals, but other hazards exist. Cigarette fires are one of these dangers. They are particularly worrisome in light of the dangerous conditions that have made fires a constant concern for Californians and therefore a constant concern for our legal team. Our Santa Rosa burn injury attorney has the experience and knowledge necessary to advocate for people wrongfully injured in fires sparked by cigarettes. (Note: “Cigarette fires,” “smoking-material fires,” and similar phrases refer to fires caused by any form of smoking materials, but do not include fires sparked by lighting implements like matches or cigarette lighters.)

Tossed Cigarette Sparks Grass Fire

Last week, the Press Democrat reported on a fire that consumed a quarter-acre grass lot in Santa Rosa, a blaze investigators blame on a tossed cigarette. The fire occurred shortly before 7 P.M. on Tuesday September 8 near Santa Rosa Avenue and East Robles Avenue. Thankfully, firefighters quickly gained control, stopping flames just 50 feet from a business.

San Francisco Sports and Recreation Attorney Looks at Wave of Hang-Gliding Deaths in 2015

August 25, 2015 | Gregory J. Brod

Some activities are reserved for the thrill-seekers among us. These activities carry a certain level of danger, but the danger can be exponentially increased by the negligent acts of a company or individual. While hang-gliding intimidates most of us, fans call it an almost spiritual experience. Hang-gliding accidents are an understood risk, but it is unacceptable for this risk to be elevated by negligent or wrongful acts. Even in the riskiest of activities, victims are not without recourse. If a Northern California hang-gliding participant in hurt or killed because of someone else’s negligence, our San Francisco recreational injury law firm is here to help.

Sunday’s Hang-Gliding Fatality in San Francisco Part of a Tragic Trend

On Sunday afternoon, a hang-gliding accident in San Francisco claimed the life of a 69-year-old man. Fox40 reports that the accident occurred in the Golden Gate National Recreation Area. The glider appears to have crashed into a cliff just 30 feet below the Fort Funston launch pad. An early statement from the National Park service suggests the crash may have been caused by a mechanical failure.

Water Heater Fires: A Threat on All Our Minds

August 21, 2015 | Gregory J. Brod

Wildfires continue to dominate the headlines in California and throughout our region. For some, fires are a hard-to-watch story on the news. For others, they are a very present danger, a threat to property and well-being. Some wildfires are sparked by nature, but others are manmade. Our San Francisco fire injury lawyer represents people who are injured or suffer the loss of a relative because of a manmade fire. Attorney Brod and his team also use this blog to provide information that we hope helps prevent future tragedies. Today’s topic is fresh from the headlines — water heater fires.

Water Heater Blamed for Massive Fire

On Wednesday, officials with the California Department of Forestry and Fire Protection (“Cal Fire”) identified a faulty water heater located in an outbuilding as a significant factor causing one of our region’s massive fires. According to the Napa Valley Register, Cal Fire representatives said the gas water heater sparked one of two fires that eventually became the Rocky Fire. Flammable liquids in the outbuilding caught fire and then the blaze spread to nearby vegetation. The Rocky Fire consumed almost 70,000 acres, caused the evacuation of 13,000 residents, and destroyed 43 homes before it was contained late last week. Officials are still looking into the circumstances surrounding the fire and working to identify the cause of the second fire that became part of the Rocky Fire.

Looking at Refinery Fires Following Blaze at Rodeo Oil Refinery

August 4, 2015 | Gregory J. Brod

In the future, we may be able to rely solely on renewable energy resources, but for now oil and gas are essential to the operations of our country and our state. These fuels are highly flammable and generally quite dangerous if not handled with the utmost of care. Although it is too early to identify a cause in Sunday’s refinery fire, many oil and gas accidents occur because an entity failed to respect these potentially hazardous substances. When a fuel processing or distribution accident leaves injuries and/or fatalities in its wake, our Oakland refinery fire law firm helps victims uncover the cause of the tragedy and pursue money damages from those responsible.

Fire at Phillips 66 San Francisco Refinery in Rodeo

On Sunday, as reported by The Contra Costa Times, a small fire struck the Phillips 66 refinery on the 1300 block of San Pablo Avenue in Rodeo, about 20 miles south of Oakland. The Phillips 66 San Francisco refinery was built in 1896. It has an 80,000 barrel daily crude feed capacity and a daily clean fuels production limit around 4.3 million gallons.

Tubing Accidents and a Tragic Drowning at Lake Sonoma

July 10, 2015 | Gregory J. Brod

The remnants of a picnic lunch sit on a blanket. Mom shades her eyes as Junior calls out for her to watch. Dad fires up the boat pulling Junior along in an inner tube. He picks up speed and they all laugh as Junior struggles to hang on. Most likely the day will be remembered for laughs and fun; sunburn and perhaps a bruise or two are all the family fears. Sadly, tubing accidents can turn this seemingly idyllic summer scene tragic in mere moments. As we look at the threat, the hearts of our Sonoma County drowning injury lawyer and legal team go out to a grieving family that will never look at a day on the lake the same again.

Holiday Turns Tragic with Lake Sonoma Drowning

On Monday, the Santa Rosa Press Democrat reported that a dive team had recovered the body of a 14 year-old San Francisco boy who had been missing since July 4^th. According to reports, the boy and his younger cousin had been playing on inflatable toys during a Lake Sonoma gathering when they drifted further than they intended. After persuading 13 year-old aboard a personal watercraft to tow them to shore, the boys lost their grip on the rope and slipped into the water. Neither boy could swim; neither was wearing a life jacket. The survivor reports he initially panicked and held onto his cousin, but the pair separated. The younger boy made it to shore. His cousin never followed.

Building Defects and Design Defects: Key Forms of Construction Defect Injury Claims in California

June 24, 2015 | Gregory J. Brod

As we learn more details about last week’s tragic balcony collapse in downtown Berkeley, we are reminded how often we rely on the assumption that the buildings in which we live, work, and play are sound. When this proves not to be the case, injuries and fatalities often follow. In addition to premises liability claims against property owners (discussed in last week’s blog post, linked below), these tragedies can give rise to claims against those who built the faulty structure. Today’s blog post from our San Francisco construction defect injury law firm looks at this subset of civil injury litigation.

Waterproofing Problems Eyed in Deadly Balcony Collapse

According to the San Francisco Chronicle, the investigation in the balcony collapse appears to be focusing on the company responsible for waterproofing the structure. The paper says Berkeley Mayor Tom Bates has suggested that, while the investigation is still underway, there is a “high probability” that water caused the wood supporting the fourth-floor balcony to weaken. The article also cites experts who have examined photographs of the damage and identified signs of moisture-related rot. Further, these experts suggest the photos show damage to the waterproof membrane intended to protect the wood supports, damage the experts believe dates back to the balcony’s construction that may have allowed moisture to invade the structure and rot the beam.