Premises Liability

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.

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.

The Surprisingly Common Danger of Vehicles Crashing Into Buildings

January 20, 2015 | Gregory J. Brod

It’s the type of news story that always grabs attention. Yet, it is also an event that happens much more often than you might imagine. As the following blog post notes, vehicle-into-building crashes happen dozens of times each day in the United States. These crashes can cause injuries and death, putting the driver, the building occupants, and other bystanders at risk. Depending on the circumstances, the driver and building management may be liable to those injured in the crash. Our Alameda County injury attorney is prepared to help the injured and those who have lost a loved one recover needed compensation from all those responsible for the crash.

Car Plows Into Newark Macys Store

Last week, ABC7 reported on an accident in Newark, a California city located about 25 miles south/southwest of Oakland. Shortly before 5 AM on Wednesday, a car jumped a curb and crashed into the Macys store at NewPark Mall located south of Interstate 880. A 63 year-old woman was driving the vehicle which ended up about 50 feet inside of the store. Six people, the driver and five bystanders, were taken to the hospital including one customer in serious condition. A subsequent ABC7 article indicates one young woman nearly lost her right foot in the incident and one man remained hospitalized the next morning. Police believe the driver may have suffered some form of medical condition that contributed to the crash.

When Winds and Negligence Combine to Cause Injury to Northern Californians

January 2, 2015 | Gregory J. Brod

There are many weather threats that people worry about from earthquakes to lightning strikes to flooding. You might not put winds at the top of this list, but winds can and do cause major damage that can lead to serious injuries or even deaths. As with other weather-related safety threats, Mother Nature may seem like the primary culprit in wind injuries. However, our Sonoma natural disaster injury attorney knows that people and their decisions often share the blame. It can absolutely be appropriate to bring a civil claim when the negligence of a person, company, or even municipality combines with a known natural threat to leave you seriously injured or grieving.

Strong Winds Wreak Havoc in Sonoma County

As The Press Democrat reported, high winds in Sonoma County on Tuesday caused a wide range of property damage. Trees and power line were toppled, smashing into cars, damaging homes and blocking roads, closing Interstate 80 in Vallejo at the height of the afternoon commute. Winds also created other transportation problems throughout Northern California, shutting down the ferry service from San Francisco to East Bay, causing a power outage that interrupted BART services, and delaying flights out of San Francisco International Airport. Emergency dispatchers report receiving calls about more than 50 wind-related incidents and PG&E reports power outages impacted over 5,000 customers. While no injuries were reported in Sonoma County, winds were implicated in at least two deaths in Butte County, an area approximately 90 minutes north of Sacramento.

Recovering Injury Compensation Following Mudslides

December 26, 2014 | Gregory J. Brod

“Natural disasters” – the term speaks volumes, both about terrible consequences and about the root cause. While it may seem like there is no recourse beyond one’s own insurance (and sometimes not even that) for victims of natural disasters, this is not always the truth. Although many companies in the insurance and a range of other industries would like victims to believe otherwise, the damage is often exacerbated by human acts and in some cases the disaster itself may be a hybrid, caused by both nature and man. One area in which this rings true, an area of particular concern given the recent storms throughout the West Coast — mudslides. Our Northern California mudslide lawyer wants people injured in mudslides to know that they may have legal claims against not only their own insurance policies but against a range of players whose acts may have contributed to the frightening events.

Mudslide Closes Roadway Near Golden Gate

Early this week, large mudslide closed sections of southbound Highway 101 in Sausalito, Marin County. A large mass of earth gave way at approximately 2 A.M. on Monday, about five miles north of the iconic Golden Gate Bridge. The mudslide left the highway littered with ten-foot boulders, chunks of soil, a tree, and even a light pole. While the event backed traffic up for miles and the San Francisco Chronicle warned North Bay commuters to expect long delays as Caltrans worked to clear the road, no one was injured in the slide. CHP warned, however, that the area would need to be evaluated for risks of additional slides.

A Warning About the Danger of Falling Furniture from Our California Child Injury Law Office

November 28, 2014 | Gregory J. Brod

Throughout the year and especially in the holiday season, there is little we are more thankful for than family. As parents, aunts, uncles, grandparents, and family of the heart, the team at the Brod Law Firm knows that protecting our youngest loved ones is one of our greatest duties and greatest honors. We are proud to serve as an Oakland child injury law firm and we are also dedicated to preventing accidents that hurt young children. One danger that often goes unnoticed until it is too late is improperly mounted and/or unsecured furniture, a danger illustrated in a recent accident at an area preschool and one that everyone who loves a child should know about.

Two Children Injured By Falling Cabinet at Fremont Preschool

This week’s Oakland Tribune reported on an accident that left two youngsters injured at a Fremont preschool. According to police, an improperly-mounted large wall cabinet fell onto two children while they were napping at an unnamed preschool located near Warren Avenue and Warm Springs Boulevard. Fire officials and police responded and found one child, a 3 year-old female, unresponsive. She was taken by helicopter to a children’s trauma center with critical injuries. As of Monday, her status had improved but she remained in the hospital. A second child incurred minor injuries.

Northern California Injury Looks At the Danger of Trampoline Injuries

October 29, 2014 | Gregory J. Brod

Children are often so filled with energy that they appear to bounce from place to place. It is little wonder that trampolines are a beloved piece of equipment in gymnasiums and backyards alike. While they can be fun and can encourage the active exercise too many children lack, trampolines can also be dangerous and trampoline injuries are all too common. When these injuries stem from equipment problems, installation issues, or other safety failures, our Oakland child injury attorney is prepared to work with parents to advocate for their injured children.

Antioch Girl Injured in Trampoline Accident

While, as we’ll discuss below, most trampoline injuries occur on home equipment, an East Bay gymnastics center was the site of a frightening accident last weekend. ABC7 reports that a 10 year old girl was attending a Halloween party at Four Stars Gymnastics Academy on Saturday afternoon. As she neared the end of her turn on the trampoline, she jumped up and, instead of returning safely to the trampoline, went flying through the facility’s large glass window and landed on the ground. The girl sustained deep gashes on her arms and legs, requiring over 100 stitches. The gymnasium did not provide any comments for ABC7, but reporters looking in from outside the facility spotted three large trampolines standing within a couple feet of large windows.

“The Sky Is Falling!”: Bay Area Injury Lawyer Examines Legal Rights Following Injuries from Falling Debris

October 15, 2014 | Gregory J. Brod

It may seem like something out of fiction, or even out of an old-school cartoon, but the problem of falling debris is quite real. There are a wide-range of related scenarios such as debris from a crumbling building hitting a passerby, a customer being injured by an item tumbling from a store shelf, or a worker being injured by material falling off a warehouse storage rack. Whether it is debris, merchandise, or other materials, items falling from significant heights can cause significant injuries and even death. Our San Francisco injury attorney is here to help those injured by falling items recover needed compensation and begin the healing process. Note: This discussion will focus on events outside the employment context, although our firm can help with third-party suits and other recoveries beyond workers’ compensation in the on-the-job arena.

Recent Headlines Demonstrate the Threat of Falling Debris and Other Objects

If objects had minds, it would seem a building scheduled for demolition in San Francisco’s Financial District decided to get a head start on the process. ABC 7 News spoke with a fire dispatcher who confirmed that a call came in at 8:20 A.M. on Monday October 13 reporting the partial collapse of a building near the intersection of Pine and Montgomery Streets. Luckily, no one appears to have been injured as debris fell, creating a pile that pushed into the street. While the Fire Department had left the scene by the time of ABC’s report three hours later, there will be an investigation conducted by the Department of Building Inspection.

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.