Negligence

Playground Injuries: When It Is More than an Everyday Childhood Stumble

September 17, 2014 | Gregory J. Brod

If asked to point to a scene that truly defines the word “joy,” we’d be hard-pressed to find a better image than that of children at play on a playground. On the playground, the kid next to you can become your best friend, at least for the duration of your visit. The sound of laughter fills the air. Sometimes, however, there’s a different sound – a child crying. Playground injuries, and we’re talking about injuries that require more than a small bandage, ice pack, and Mom’s magical kiss, can be a serious matter. Terrible injuries and even deaths can stem from faulty equipment, negligent supervision, improperly constructed play areas, and other legally actionable wrongs. When such injuries strike a child in Northern California, our Oakland playground injury attorney is ready to help.

IKEA Recalls Swings Due to Fall Hazard

The swing is one of the iconic pieces of playground equipment and companies have adapted swings for home use. One such swing is being removed from the market due to a fall hazard. ABC7 News reports that Ikea issued a recall for its Gungung swing. The swing was sold for $20 at Ikea stores across the U.S. and online. The swing, made for children ages 3 to 7, includes a green polyester fabric seat, suspension fittings and steel hooks and marketed for both indoor and outdoor use.

Intracranial Hematomas: Looking at a Dangerous Brain Injury

September 12, 2014 | Gregory J. Brod

In yesterday’s blog entry, we discussed the tragic death of a woman injured in the Napa earthquake. While that post looked at the cause of that injury, a television toppling over during the quake, this blog entry takes a closer look at the injury itself, a subdural hematoma. Intracranial hematomas are a type of brain injury that can be fatal or can have lifelong consequences. They often result from a blow to the head, such as might occur in a traffic accident, a serious slip and fall, or even an assault. As a Northern California brain injury lawyer, Attorney Greg Brod represents clients who have faced these difficult injuries and families who have lost loved ones to this sometimes quiet killer.

Brain Injury Leads to First Reported Death Tied to Napa Quake

As detailed by the San Francisco Chronicle, Laurie Anne Thompson has become the first reported person to die as a result of injuries incurred in last month’s 6.0 magnitude earthquake. At home when the quake struck, Thompson was hit in the head by a television that fell from its stand. Although she was briefly knocked unconscious, Thompson refused to seek treatment immediately, saying she only had a dull headache. The next day, however, family members noticed she had become disoriented and seemed to be speaking slowly. They persuaded her to go to the doctor, but she wanted to shower first. Thompson then collapsed and suffered a seizure.

The Dangerous Mix of Earthquakes and a Negligent Lack of Preparation

September 11, 2014 | Gregory J. Brod

Living in California, we all know that earthquakes are a threat. Still, nothing can truly prepare you for feeling the ground shake beneath you, especially to the degree it moved during the history-making 6.0 quake that hit Northern California on August 24, 2014. Given our region’s propensity towards earthquakes, it is important to take steps in advance to help avoid earthquake injuries or death. If you or a loved one is hurt or a close relative is killed because another person/entity negligently failed to prepare for an earthquake, our Napa earthquake attorney may be able to help you hold those responsible liable and recover money damages in civil court.

Woman Hit By Television Becomes First Fatality of Napa Earthquake

On Friday September 5, a woman became the first reported death linked to the recent earthquake. The San Francisco Chronicle reports that 65 year-old Laurie Anne Thompson was asleep on a recliner in her home when the quake hit. A television toppled off a stand, hitting Thompson in the head. Although she was knocked unconscious, she did not seek treatment immediately. The following day, family members noticed a sudden decrease in cognitive ability and later, while preparing to go to the doctor, Thompson collapsed and seized. Doctors diagnosed a subdural hematoma and began treatment using a tube to drain blood and fluid from the brain. After Thompson improved for seven days and the tube was removed, she began to decline and eventually passed away. The coroner listed intracranial hemorrhage as the cause of death.

Representing the Victims of Motorized Scooter Accidents in Northern California

September 10, 2014 | Gregory J. Brod

Modern day travel involves more than just cars. On a given day, a stretch of roadway might see travelers on bicycles, motorcycles, trucks, roller skates, and their own two feet. Motorized scooters are another form of travel and, like many other travelers, operators are vulnerable to reckless drivers. When a driver puts a rider at undue risk and harms the more vulnerable traveler, our Oakland scooter accident lawyer can help recover monetary compensation for the injured party. Motor scooter accidents are a real danger and the mix of prevention and representation are key to reducing the threat.

Police Investigating a Fatal Sunnyvale Scooter Accident

A 50 year-old Los Altos man lost his life on Friday following a scooter crash detailed in the San Jose Mercury News. Brian David Lazara was hit by two cars while riding a motorized scooter in Sunnyvale. The crash occurred just before 9 A.M. at the intersection of Central Expressway and Mary Avenue. Emergency responders arrived to find Lazara injured and lying in the roadway. They performed CPR and took him to Stanford Hospital’s trauma center where personnel declared him dead. Both auto drivers are cooperating with the ongoing investigation.

Earthquakes, Insurance, and Liability

August 27, 2014 | Gregory J. Brod

Over the weekend, our area was hit by a 6.o earthquake. As Californians, we all know that earthquakes can happen, but it is always a bit surprising when it does and Sunday’s quake was the largest since 1989. In this post, our Northern California earthquake injury law firm looks at two issues relating to earthquakes and the damage they leave behind. First, we look at why earthquake insurance is of limited assistance following tremblers. Second, we turn to the issue of earthquakes and civil liability. Specifically, the second section examines the liability of a property owner for injuries sustained during a quake because the property was not earthquake-safe.

The Limits of Earthquake Insurance

An article in the San Francisco Chronicle explains that only a small portion of those whose homes were damaged in the Napa quake will be covered by earthquake insurance policies. Glenn Pomeroy, the California Earthquake Authority’s chief executive, noted that a mere 5% of homeowners in the quake zone compared to about 10% statewide.

Negligence Per Se – Applying a Legal Theory to the Collision of a Big Rig and a Muni Light Rail

August 6, 2014 | Gregory J. Brod

Few concepts are as fundamental to the field of civil injury law as the notion of negligence. As a plaintiff’s law firm, a key part of our job is proving that the defendant was negligent and that this negligence was the cause of the plaintiff’s injuries. In this post, our San Francisco personal injury attorney looks at a special form of negligence – negligence per se – a concept that helps plaintiffs fulfill their legal burden and show the judge/jury that the defendant should be held liable and ordered to compensate the plaintiffs for their injuries.

Big Rig’s Illegal Turn Leads to Crash with Light Rail Train

San Francisco’s ABC affiliate reported on a serious collision that occurred last Friday between a big rig and a light rail train. Witness reports helped San Francisco Police conclude that the driver of the big rig attempted to turn left onto Third Street from Innes Avenue despite signs clearly stating that left turns were not permitted. While attempting the illegal turn, the 18-wheel truck was struck by the Muni light rail train. Police did not immediately charge the driver despite concluding he was at fault

Lightning Strikes and California Injury Law

August 1, 2014 | Gregory J. Brod

Whether you find it beautiful, terrifying, or both, lightning is a “striking” example of nature’s power. Lightning can cause enormous property damages and it can also cause serious injury or even death. While you can’t sue Mother Nature for lightning injuries, there are sometimes individuals or entities that contributed to the danger. Our San Francisco lightning injury law firm can help victims pursue money damages and hold such entities responsible for their role in lightning tragedies.

Venice Beach Lightning Strike Injures 13, Kills 1

As CNN reported, people enjoying Southern California’s Venice Beach last Sunday saw their day quickly shift from relaxing and fun to frightening and deadly. A round of thunderstorms had been forecast and a lightning strike hit the water and beach at 2:51 PM. The bolt left 13 people injured; all had been in or near the water and 8 required hospital treatment. One additional person, a 20 year old man, was killed, although officials were not initially certain whether he died because of the lightning itself, drowned, or was trampled.

San Francisco Skateboarding Accident Attorney Protecting Skateboarders Injured by Negligent Drivers

July 30, 2014 | Gregory J. Brod

At The Brod Firm, we’ve found that people often make quick judgments based on a person’s choice of hobby or choice of travelling vehicle. Motorcycle riders are a prime example, with many assuming they are rough-hewn, “scary” individuals. Another example: Skateboarders. While some do take unnecessary risks, others enjoy the hobby and make every effort to skate smart. Too frequently, these individuals are put at risk by negligent drivers. When a skateboard accident stems from a driver’s negligent or dangerous decisions, our Northern California skateboard accident lawyer is here to help.

15 Year Old Skateboarder Seriously Injured in Fremont Collision

This week, CBS’s San Francisco Bay affiliate reported on a skateboard-vs-car collision that left a teenage boy seriously injured. The 15 year old was riding near Lake Elizabeth in Fremont on Monday afternoon. At approximately 4:50 PM, he attempted to cross Paseo Padre Parkway at Baylis Street when he was hit by a Toyota sedan. The teen, who was taken to an area trauma center, suffered major injuries that thankfully were not deemed life threatening. The Toyota’s driver remained at the scene and cooperated with authorities. Pasedo Padre Parkway remained closed until around 9:30 P.M. Authorities are continuing to investigate the cause of the collision.

Much Remains to Be Determined in Deadly Santa Clara County Trucking Accident

July 11, 2014 | Gregory J. Brod

When a big rig collided with 10 vehicles on northbound Highway 17 near the Lexington Reservoir in Santa Clara County on Thursday the result was a horrific scene in which one person died and seven others were sent to the hospital. And San Francisco trucking accident attorney Gregory J. Brod would point out that tragedy not only left behind much death, injury and destruction, but also several questions regarding how the multi-vehicle crash could have occurred as well as the matter of liability.

According to the San Jose Mercury News, a big rig was traveling just south of Bear Creek Road when, a witness reported, traffic came almost to a standstill near the reservoir and the truck “rolled over everything in its path.” As a result, a 25-year-old San Jose State graduate from Santa Cruz who was driving one of the vehicles caught in the mash-up died after he was ejected from his car. In addition, seven other people in the remaining nine vehicles were sent to area hospitals with injuries, with one listed in critical condition and the others sustaining minor to moderate injuries. The California Highway Patrol did not arrest or cite the driver of the big rig and has determined that he was not intoxicated at the time of the crash. The CHP said that investigators do not yet know what caused the crash.

Thel National Highway Traffic Safety Administration reports that there has been an increase in the number of traffic fatalities involving trucks in the United States, with such deaths going up by 3.7 percent from 2011 to 2012 alone. And, as the nation has grown increasingly dependant on truck traffic for shipping goods, the number of accidents overall involving trucks has steadily increased.

Whenever there is a trucking accident, the questions of what caused the collision and who is responsible often go beyond the obvious on-the-road participants – unfortunately, in Thursday’s tragedy, the number of people who were directly impacted by the crash was on the high end. Barring any fault placed upon the drivers of passenger vehicles involved in a crash with a truck, if the focus of fault hovers over the truck driver, there are other key parties who may be judged responsible for victims’ injuries aside from the truck driver, including:

the owner of the truck;
the person or company that leased the truck from the owner;
the manufacturer of the vehicle, tires or other truck parts that may have played a role in the cause or severity of the accident; and
the shipper or loader of the truck’s cargo in those cases that involve improper loading.

Looking at Traumatic Brain Injuries as Jury Rules in Dodgers’ Beating Case

July 11, 2014 | Gregory J. Brod

A verdict was handed down this week in a case that many in the Bay Area have been following for nearly three years. As our San Francisco brain injury law firm looks at the verdict, we also consider the danger of traumatic brain injury. Whether it results from an intentional beating or a negligent car crash, we are prepared to help people in Northern California who are facing these life-altering injuries.

Dodgers Held Responsible in Fan Beating

As The Oakland Tribune recounts, opening day 2011 saw a face-off between California rivals as the San Francisco Giants battled the Los Angeles Dodgers. Bryan Stow was wearing a Giants jersey when, according to his lawyers, the 45 year-old was attacked by two Dodgers fans in the parking lot of Dodgers Stadium. The altercation left Stow wheelchair-bound, facing disabling brain damage and requiring round-the-clock care.