Product Liability

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.

Beyond Workers’ Comp: A Look at Third Party Claims Inspired by Scary Moments for Two Sets of California Window Washers

October 3, 2014 | Gregory J. Brod

When an employee is injured on the job in California, as in most U.S. jurisdictions, workers’ compensation is a key part of their financial recovery. However, despite often being referred to as an “exclusive remedy,” there are many situations in which the employee has recourse beyond that offered by the workers’ compensation system. While suits against the employer are sharply limited, the workers’ third-party liability claims remain. For example, when the worker is injured due to a defective product, a claim against the manufacturer or seller may exist. In such cases, as in other third-party liability situations, our Northern California products liability attorney can help fill the gaps left by workers’ comp coverage.

Two Days, Two Sets of Stranded Window Washers in California

Twice in as many days, window washers were left dangling from California high-rises and two stories that could have ended tragically had happy endings. On Wednesday, NBC Los Angeles reported that two window washers were stranded on the side of an office building at 5 Park Plaza in Irvine, California. The pair had been using a metal platform suspended on cables when they became stuck about 225 feet from the ground. An urban search and rescue team lowered additional cables to the “swing stage” platform and the workers used hand-operated cranks to rise to the roof. Despite the heat of the day, neither worker was injured.

Guardrails: When a Safety Device Becomes Dangerous

September 19, 2014 | Gregory J. Brod

They are supposed to be there for our safety. Guardrails can help prevent an out-of-control vehicle from careening over a cliff or other hazardous terrain and can also keep such vehicles away from opposing traffic. In these roles, they save lives. However, guardrail accidents can also be a serious danger and our Oakland highway crash attorney is closely following developing studies on balancing the role of guardrails as safety devices and the potential for guardrails to be roadside hazards.

FHA to Conduct Study Following Research Showing New Guardrail Design Raises Risk of Serious Injuries and Death

This week, ABC7 News reported that the Federal Highway Administration (FHA) is looking into the safety of guardrails after multiple reports of people losing limbs or dying in pain because a guardrail pierced their vehicle. The focal issue in the planned research study is whether the “guardrail heads,” the start/end piece of a rail, can absorb a head-on impact at up to 62mph in real life conditions. A team of public and private highway engineers as well as other subject-matter experts will conduct the FHA research.

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.

Appeal, Safety of Compact Fluorescent Lamps Come into Question

June 10, 2014 | Gregory J. Brod

Compact fluorescent lamps have been billed as an energy-efficient means for reducing carbon emissions, and the so-called CFLs have steadily displaced the traditional incandescent light bulbs on store shelves in the United States as our government has banned the manufacture or importation of the latter. However, like many consumer advocates and product safety specialists, San Francisco products liability attorney Gregory J. Brod has concerns over whether the new technology is all that it has been hyped up to be or even safe.

The now-recognizable spiral-shaped CFL was first invented in 1976 by Edward E. Hammer, an engineer with General Electric, in response to the stateside pinch in energy supplies that was caused by the 1973 oil crisis. In 1980, Philips introduced its model SL, which was a screw-in model of the CFL, and in 1985 Sylvania began to market it model EL lamp, which was the first CFL to feature an electronic ballast. Work on newer models strived to develop a CFL that would be able to fit into the same volume as comparable incandescent lamps, which required a bulb with high-efficacy phosphors that could withstand more power per unit area than the phosphors older-generation large fluorescent lamps employed.

Modern CFLs are said to emit the same amount of visible light as incandescent lamps, use one-fifth to one-third the electric power, and last eight to 15 times longer. However, there are some issues with CFLs that dim their appeal as well as raise questions over their safety. Some factors that may take away the luster of CFLs include the following:

The actual lifespan of a CFL depends on a variety of factors such as operating voltage, manufacturing defects, exposure to voltage spikes, mechanical shock, frequency of turning a CFL on and off, lamp orientation and ambient operating temperature, among other factors;
While CFLs, under optimum conditions, last up to 15 times longer than incandescent bulbs, they cost three to 10 times more than the traditional light bulbs;
Due to the fact that it has so many component parts, the electronic ballast within a CFL may fail, and any failure may be accompanied by discoloration or distortion of the ballast enclosure, odors or smoke;
CFLs are generally not compatible with dimmers, and the use of the two items together can shorten the lifespan of the former – dimmable CFLs must be used for the desired results;
Some manufacturers of CFLs have claimed that the bulbs could be used to replace higher-power incandescent lamps while their light output has belied that claim – a more accurate assessment of equivalent wattage can be determined through the lamp’s actual output of light, measured in lumens and marked on a package; and
CFLs are not designed for outdoor use and will not start in cold weather.

In addition to the aforementioned shortcomings of CFLs, there are also concerns related to health and the environment. For example, CFLs may pose a health risk to people who suffer from skin conditions due to the ultraviolet and blue light that the bulbs emit; a European Commission scientific study found that CFLs could produce ultraviolet exposures that approach current workplace limits in force to protect workers from skin and retinal damage. In addition, a recent study found that exposure to CFL light caused significant cell damage in cultures; further analysis confirmed the presence of significant UVA and UVC radiation, which the study thought might be attributable to damage in the bulbs’ internal phosphor coatings.

Should the base of a CFL not be made to be flame-retardant, which is required in voluntary CFL standards, overheating in electrical components in the bulb may cause a fire hazard. And, as in the case of any other light bulb, if a CFL breaks there will be quite a mess to clean up, a hazardous situation that is not limited to glass shards in the case of a CFL – like all fluorescent lamps, CFLs contain highly toxic mercury as vapor inside the glass tubing, which is released into the atmosphere when a CFL breaks. Any CFL that makes it through its lifespan without breaking may very well end up broken in landfills if proper disposal techniques recommended for CFL cleanup and/or disposal are not followed.
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Summer Safety Primer: Avoiding Accidental Pool Drownings

May 26, 2014 | Gregory J. Brod

With the informal kickoff to summer, the young and young-at-heart are looking forward to sunny days on the beach and by the pool. We hope that Summer 2014 will be filled with laughter and a time for people throughout our Northern California community to build wonderful memories with friends and family. Safety is crucial to ensuring happy summer memories are happy, not tragic. As the summer begins, our San Francisco child injury law firm looks at one major element of summer safety – preventing accidental drownings.

Summer Drowning Statistics

Drowning can occur in any season, but vigilance is especially important in the summer months. A news release authored by the Consumer Products Safety Commission (“CPSC”) reports that at least 202 children aged 1-14 years drowned between Memorial Day and Labor Day 2013. Consistent with the fact that drowning is the number one cause of accidental death for children between 1 and 4 years old, 143 of these were children under age 5. California saw the third highest number of summer drownings for children under age 15, with media reporting 23 occurrences, a number the CPSC suggests may be under-inclusive.

Spotlight on Listeria as Retailers Pull Dips from Shelves Nationwide

May 23, 2014 | Gregory J. Brod

Many of us have experienced the horrible feeling known as food poisoning. Illness can kick in anywhere from hours to days after eating and often involves intense gastrointestinal symptoms including vomiting and diarrhea. Most cases involve a very intense but relatively brief period of sickness. However, some foodborne illnesses can be life-threatening and our California food safety lawyer is following a voluntary recall involving a potentially fatal danger – listeria contamination.

Hummus & Other Dips Recalled for Possible Contamination

According to The San Francisco Chronicle, more than 14,000 pounds of hummus and other dips are being voluntarily recalled due to concerns they may carry the listeria bacteria. The dips are distributed by Hot Mama’s Foods of Massachusetts and sold across the nation including at the popular Trader Joe’s retailer and under the Archer Farms label at Target stores. Officials with the Texas Department of Health identified the threat and the company has asked all retailers to remove the potentially affected products from their shelves. Additionally, the Food and Drug Administration (“FDA”) recommends that customers who purchased any of the dips either throw out the items or return them to the place of purchase for a refund. A complete list of items involved in the recall can be found on the FDA website. Thankfully, no cases of illness had been reported at the time of the Chronicle’s article.

Recall Highlights the Importance of Child Safety Seats

April 16, 2014 | Gregory J. Brod

Child safety seats, now standard fare, are a fairly new innovation. Many adults, especially those who came of age in the 1970s or prior, recall having free reign to roam the back seat, a freedom today’s children couldn’t imagine. Today, we know that proper restraints can save lives and prevent serious injury. This blog entry focuses on the proper use of child safety seats to keep our youngest travelers secure. It also provides an important reminder that even “safety equipment” can be unsafe. If a defective car seat contributed to an injury or a fatality, our San Francisco child injury attorney is prepared to help.

1.3 Million Child Safety Seats Recalled for Latch Problem

Evenflo Company Inc. recently issued a voluntarily recall for buckles used in more than 1.3 million child safety seats manufactured between 2011 and 2014. As the San Francisco Chronicle reports, the buckle may become stuck in the seat’s latch. This could be dangerous, even life-threatening, if it hampers a caregiver’s ability to get the child out of the seat in the event of an emergency. The article details the specific seats involved in the recall (not all seats made by Evenflo in the time frame are affected). Evenflo asserts that the malfunction only occurs when the buckle/latch has been exposed to contaminants such as food particles and says they have not received any reports of actual injury due to the problem. The company plans to alert all appropriate registered owners of the recall and to supply replacement parts.

California Lawyer on the Dangers of Carbon Monoxide Poisoning

March 19, 2014 | Gregory J. Brod

It’s a frightening opponent, a colorless and odorless gas that can kill people in their sleep – carbon monoxide. Our San Francisco carbon monoxide poisoning lawyer knows that exposure to this potent gas can be the result of shoddy construction or repair work, a faulty appliance, or other forms of negligence. When careless corner-cutting causes illness or death, including when improperly performed work leads to carbon monoxide poisoning, we believe in holding people accountable and in obtaining monetary damages for the victims.

Involuntary Manslaughter Claims Filed in Connection with Deadly Carbon Monoxide Exposure

Prosecutors in Nevada County, California are pursuing charges against a contractor whose negligence is believed to have led to the deaths of two men, a development detailed in an article in The San Francisco Chronicle. Last fall, Albert Senzatimore, age 69 of San Jose, and Gary Trovinger, age 57 of Los Gatos, both died as a result of carbon monoxide poisoning. The two men were exposed to the gas in a home in the Tahoe Donner ski community.