Negligence

Bay Area Injury Attorney on the Rights of Balcony Collapse Victims

June 17, 2015 | Gregory J. Brod

For many apartment dwellers, a balcony is their version of a backyard providing a chance to enjoy a sunny day or cool evening and functioning as an extension of their home. Both occupants and visitors should be able to enjoy a balcony with confidence in its stability. Sadly, as we were reminded this week, balcony and deck collapses are a very real danger. San Francisco balcony collapse lawyer Greg Brod is prepared to use California law to help injured victims and grieving families following devastating balcony collapse tragedies.

Berkeley Balcony Collapse Kills Six, Injures Seven

In the early hours of Tuesday June 16, a balcony collapsed in downtown Berkeley claiming at least six lives and leaving seven others injured. According to the San Francisco Chronicle, the collapse occurred at Liberty Gardens, a four-story apartment building on Kittredge Street near Shattuck Avenue. The victims were attending a birthday celebration when the balcony of a top-floor apartment detached from the building and sent partygoers tumbling. Most of those attending the party were Irish students participating in work-study programs.

The Untold Dangers of Roller Coaster and Amusement Park Accidents

June 16, 2015 | Gregory J. Brod

Roller coaster fanatics travel far and wide to check out a new attraction, experience a unique thrill, or take a ride on a historic attraction. For fans, part of the thrill is feeling scared and out-of-control while knowing they are ultimately safe. Sadly, that sense of safety is sometimes false; roller coaster injuries and other amusement park accidents are a reality. When a memorable day of fun turns tragic, our Northern California amusement park injury lawyer can help.

Two Injured at Santa Clara Amusement Park

According to the San Francisco Chronicle, two people were injured in an accident at California’s Great America on Friday June 12. The incident involved the Flight Deck roller coaster (previously called Top Gun), an inverted coaster that allows riders’ legs to dangle free. Based on official statements and witness accounts, it appears that an employee of the Santa Clara amusement park was struck in the head by a rider as the coaster was returning to the base station. A rider also suffered a hand injury during the incident.

Exploring the Boundaries of Worker’s Compensation: The Case of Tenant Employees

May 8, 2015 | Gregory J. Brod

Certain areas of injury law are governed by their own systems and rules. Workplace injury suits involve a unique scheme set apart from the typical civil compensation system. It is important to understand the limits of worker’s compensation, when it applies and when it does not and the injured can and should bring a traditional civil claim. San Francisco injury lawyer Greg Brod has been following a developing case that, much like the case we recently discussed that tested the boundaries of medical malpractice law, helps clarify the rules for California’s injured.

Overview & Facts in Wright vs. California

In late April, as reported in the San Francisco Chronicle, the Supreme Court of California declined to review a decision issued by the Court of Appeals, allowing the ruling that paved the way for a prison guard’s civil injury suit to stand. According to the appellate court, a year after beginning work at San Quentin State Prison (“San Quentin”), Monnie Wright voluntarily moved into a State-owned rental unit owned within the prison’s gated grounds. He was not required to move and he paid market rent. The lease did require Wright to obtain rental insurance.

Homeowners’ Lawyer on Individual and Class Action Claims for Construction Defects in California

May 1, 2015 | Gregory J. Brod

Home – a simple word representing a complex, nuanced concept. Home means much more than a physical structure, but the physical structure is often essential to the larger concept. This becomes particularly evident when a construction defect threatens a dwelling’s safety and security. In some ways, a house or condo that has a major defect is not a true home. Our Oakland construction defect attorney helps individuals and groups use California construction defects laws to hold builders and others responsible for physical defects that can turn a dream home into a nightmare dwelling.

Class Action Filed Involving Non-Compliant Sprinkler Systems

In March, a group of Nevada homeowners filed a class action lawsuit alleging that Ryland Homes failed to follow safety codes and endangered the buildings’ inhabitants. WTRF reports that all three-story Nevada homes built by the nationwide company are defective because Ryland did not meet code requirements for fire sprinklers. The homeowners claim this failure caused monetary damages, including the cost to repair the problem, and posed an imminent threat to health and safety. Plaintiffs’ counsel call it is “a classic case of a large corporation putting profits before people.”

Court Rules on Claims of “Ordinary Negligence” in a Medical Setting

April 29, 2015 | Gregory J. Brod

Medical facilities are growing. Hospitals stretch across multiple blocks and often seem like a small city. Visitors often need to stop at an information desk or consult a map to find their destination. In addition to medical personnel, large medical centers may employ dozens of workers in non-medical roles. Injuries can and do occur on hospital grounds, including many that don’t stem directly from medical care. In this post, our San Francisco injury attorney looks at a recent appellate ruling that clarifies the law on hospital slip-and-fall accidents and other instances in which standard negligence (as opposed to medical negligence) leads to an injury on hospital grounds.

The Facts and the Lower Court’s Dismissal

In June 2010, heart health concerns led to Asma Pouzbaris being admitted to West Anaheim Medical Center. When she left her bed to use the bathroom, Pouzbaris slipped and fell. According to the Complaint filed in the Superior Court of Orange County, the floor had recently been mopped but no warnings had been posted. Responding to the defendant’s request for summary judgment, the court ruled the claim was barred by the statute of limitations. Recently, the appeals court reviewed the trial court’s decision and, in a ruling available via the California Judicial Branch’s website, reversed and found the suit was filed in a timely manner.

Child Care Injuries in Northern California

March 25, 2015 | Gregory J. Brod

While our culture often defines success by looking at someone’s material possessions, our work reminds us every day that our own health and the well-being of our loved ones that truly matters most. From the moment your child is born, he/she matters more than any trendy smartphone or fancy car. Modern life often means entrusting children to day care providers. When this trust is violated, the child pays the price. Our Northern California child injury law firm in Sonoma, Oakland, and San Francisco works with parents and guardians to recover financial damages that can protect a child’s future after a daycare injury.

One Teen’s Impressive Courage Despite Daycare Injury Earlier this week, The Press Democrat profiled a courageous young man from Windsor. Jack is an 18 year old high-school junior and interested in day working in the public safety arena. In addition to being an athlete, Jack is part of the Rincon Valley Fire and Windsor Police Explorer Programs. While he works diligently, he has had to accept that certain career options are not possibilities. He envisions a career with the fire department but knows he could never be the type of firefighter who rushes to the scene of a fire and carries people trapped inside to safety. Jack is mostly blind.

Jack’s blindness is the result of violence he suffered when he was only 3 ½ months old. At that tender age, he was severely shaken by a daycare worker. Initially, his mother was told he would never walk or talk. Jack has fought hard to overcome his remaining challenges and no longer thinks about the woman who changed his life in an instant.

San Francisco Injury Attorney Examines Legal Standards for Emergency Vehicle Crashes

March 18, 2015 | Gregory J. Brod

Last week, we discussed the danger of fire trucks colliding with other vehicles. This post picks up where that one left off, looking at the California law on emergency vehicle crashes. In this entry, which encompasses all emergency departments (i.e. not just fire), our Northern California emergency vehicle crash lawyer focuses on crashes where an emergency official driving a department vehicle is at fault and a civilian is injured or killed.

A General Rule of Liability

Several provisions in California’s statutory law address emergency vehicle crashes. The most general provision, Vehicle Code Sec 17001, provides that a public agency is liable for death, injury, or property damage caused by the negligence or wrongful act/omission of an agency employee who is operating a motor vehicle in his/her official capacity. While this general rule makes agencies liable for accidents caused by an employee’s negligent or wrongful driving, the provisions that follow chip away at this liability.

Northern California Child Injury Attorney Examines Rising Number of Bounce House Injuries

March 11, 2015 | Gregory J. Brod

From birthday parties to town fairs, bounce houses are a surefire way to make a child’s eyes light up. Somehow the same equipment that leaves many an adult with an upset stomach and a dizzy head makes children laugh and scream with glee. There are few joys as sweet as listening to kids have that much fun and it’s especially refreshing when modern day kids are enjoying something physical instead of staying “plugged in” and glued to a digital screen. Unfortunately while bounce houses are great fun, bounce house injuries are a very real danger and a concern to our San Francisco child injury attorney.

CPSC Reports on Increasing Number of Inflatable Amusement Injuries

Recently, the Consumer Product Safety Commission (“CPSC”) released a study looking at injuries associated with inflatable amusements. The study focuses on the ten-year period from 2003 through 2013 and looks at injuries tied to air-filled structures that use one or more blowers to provide a continuous air flow. Bounce houses, also called moon bounces or space walks are the most common type of inflatable amusements with slides, obstacle courses, and other games also falling into the category. Importantly, although they are quite similar, the report does not cover smaller structures that are only inflated once per use. Researchers used injury data from emergency room codes provided by a sample group and then extrapolated to create nationwide estimates.

California Child Injury Lawyer on the Danger of Scooter Accidents

February 25, 2015 | Gregory J. Brod

There are few sounds as good for the soul as the noise of children at play. In a world where technology often keeps even young children glued to screens, it is especially heart-warming to hear kids engaged in active, outdoor play. It is important for kids to take part in physical activity, but it is also important for that activity to be safe. Scooters have been one of the most popular outdoor toys for many years, but they are also one of the most dangerous. In today’s blog entry, our Oakland child injury lawyer focuses on the danger of scooter injuries, injuries that often involve defective products, careless drivers, or other forms of adult negligence.

Trio of California Scooter Deaths in Late 2014 Late 2014 saw at least three fatal scooter accidents in California. On November 11, a 14 year-old high school freshman was riding his scooter near his home in San Leandro. According to the San Francisco Chronicle a driver heading south in a northbound lane swerved, ran a red light, and crashed into the high school freshman who later succumbed to his injuries at an area hospital. Only one day later, a 13 year-old boy was riding his scooter to school when he was struck by a car and killed in Riverside, a town about an hour west of Los Angeles. Witnesses said that driver had also run through a red light and ABC7 reported that the 44 year-old driver was taken into custody on charges of driving under the influence of prescription drugs. A third child was killed in a scooter accident on December 26 in San Bernardino County. News station KTLA reported that 12 year-old boy was playing with his new Razor-brand scooter, a Christmas gift, when he the into the path of an oncoming vehicle.

Study Blames Scooters for Increase in Toy-Related Accidents In December, USA Today reported on a study published in the journal Clinical Pediatrics that focused on the problem of toy-related accidents. The study suggests that “kick” scooters, like the foot-powered collapsible Razor scooters that have been widely popular since around 2000, were largely responsible for a 40% increase in toy-related injuries between 1990 and 2011. According to the Consumer Products Safety Commission, 52,500 children under age 15 were taken to the emergency room and one died as a result of injuries stemming from non-motorized scooter accidents in 2013 (Side note: It is unclear whether this number includes traffic accidents). The study authors and the CPSC urge parents to be sure children wear safety helmets when using scooters.

Civil Child Sexual Abuse Cases: Accountability for those Who Turn a Blind Eye to Abuse

January 29, 2015 | Gregory J. Brod

Parenthood is an intense, rewarding love. Parenthood also means never-ending concern. High on the list of every parent’s greatest fears is that someone will sexually, physically, or emotionally abuse your child. Darkness to Light, a nonprofit focused on preventing child abuse, reports that 90% of sexually abused children know their abuser(s). It is often someone the parents trust.

Our Oakland child abuse law firm believes in the dual approach of prevention and legal accountability. Accountability includes criminal and civil suits against abusers and those who turn a blind eye to child abuse, particularly when they had a legal and moral obligation to protect the victim. Civil child sexual abuse cases provide compensation that allows the child to get the help he or she will need to move forward from abuse and also makes those who allowed abuse to occur to be accountable pay for their negligence.

Judge Allows Use of “Perversion Files” in Sexual Abuse Case Against Boy Scouts