San Francisco Injury Lawyer Blog

As lawyers for small businesses in San Francisco and the surrounding region, the Brod Law Firm knows that the vast majority of local business operators follow the law. We also know that most business owners want their organization to be open and accessible to all customers, including those with disabilities. A recent series of articles in the San Francisco Chronicle highlights the fact that even these businesses can become the target of “opportunistic” suits under the Americans with Disability Act (“the ADA”) and related state and local policies.

We can help your San Francisco business with ADA claims. Having spent countless hours in courtrooms, we know that preventing lawsuits is always preferable to trial. As is highlighted in the recent Chronicle series, there are many resources available to California businesses to help them comply with all legal obligations. The City of San Francisco has a specialized Office of Small Business that provides a lot of information to help business owners and management personnel comply with the law. With respect to the ADA, businesses must ensure their facility is accessible to all customers by removing any existing architectural barriers and by following accessibility codes for any construction. If your business is undertaking construction efforts, consulting a Certified Access Specialist is recommended. These experts can provide feedback during the process. Furthermore, an inspection report is very useful if a lawsuit arises, creating a 90-day stay on a lawsuit and providing for an Early Evaluation Conference that can help eliminate meritless claims without the need for a full trial. Tax incentives exist to help businesses with the cost of ADA compliance.

Unfortunately, even businesses that have been proactive in complying with the ADA will sometimes face legal complaints. If you receive a verbal or written complaint alleging that your business has violated the ADA, it is vital that you seek the assistance of a Northern California small business attorney immediately. Early representation can help you avoid missing any deadlines and can help you achieve a timely, positive resolution. As counsel to area businesses, our team can evaluate the merits of an ADA claim and determine if changes to your place of business are warranted under the law. We can evaluate the merits of the claim, retain useful experts, and provide effective pre-trial guidance. Our team will also examine the history of both the claimant and their representatives to determine if they have a history of making unsupported claims since, sadly, there are repeat players who have a record of abusing the ADA for profit. At the Brod Law Firm, we will make every effort to resolve the claims early and cost-effectively. We are also always prepared to represent our business clients at trial should the need arise.

As San Francisco small business attorneys, the Brod Law Firm is committed to helping our clients achieve the results they expect in all business interactions. The recently reported resolution to a dispute between a large corporation and a smaller, local organization is a reminder that often the best result is one that avoids litigation. We will always be zealous advocates for our clients in court, but we are also committed to helping avoid trial whenever possible while still providing a positive result.

The Oakland Tribune recently reported on the successful resolution of a dispute between Kellogg Company and Maya Archaeology Initiative (“MAI”), a small organization based in Walnut Creek that seeks to protect the history and culture found in Northern Guatemala. Both the MAI and the Froot Loops line, owned by Kellogg, use a toucan in their logo. This overlap led to a dispute with Kellogg’s legal team demanding that MAI stop using the toucan symbol, suggesting the logo was too similar to the Froot Loops toucan and violated the company’s trademark. This week, the organizations announced that the dispute had been resolved without litigation and that Kellogg would be contributing $100,000 to MAI’s initiatives. Further, Kellog agreed to promote knowledge of the Mayan culture on future cereal boxes and to include the web address for MAI.

As Oakland small business attorneys, we understand that the threat of a lawsuit is frightening to business owners. This is particularly true when the dispute pits a small, local organization against a very large corporation with access to greater financial resources. It is important for local business owners to seek counsel as soon as a potential dispute arises so that all options can be discussed. Our team is dedicated to pursuing all forms of dispute resolution on behalf of our small and medium sized business clients.

Most parents view education as a key foundation for their child’s future. Californians send their children to school to learn and, in doing so, trust that their child will be safe while at school. However, recent threats received by personnel at schools in Martinez remind us that even school is not always a safe haven. While these threats did not result in any injury, any incident at a school requires an understanding of the law and the help of an attorney who understands California school safety laws. Our Oakland school injury attorney is well aware of the harm that can result when schools fails to act appropriately to keep students safe.

As The Oakland Tribune reported, the Martinez school district held a forum last week to discuss school safety and the response to threats to schools and students. This meeting was spurred by a series of events. In mid-October, a school employee received an email that included a threat against Alhambra High School. The school responded with an increase in security and notified parents on the day after the email was received. A week later, the school was placed on lockdown and parents were notified when an empty gun case was discovered in the high school auditorium. Further threats against two elementary schools arrived via separate letters later that week. In one case, the school was closed. In the other, the threatened school remained open and parents were not notified until the morning after the letter arrived. Police have arrested Larry Bantola on suspicions related to the series of threats. The Tribune reports that Bantola allegedly signed the name of a former friend to the notes.

Luckily, none of the threats in the Martinez area incidents resulted in any harm to students. However, parents should be aware that schools have a special duty to help protect their students. California education law requires that school districts develop and maintain a school safety plan that is aimed at preventing crime and violence on school property. These plans must be updated yearly. The State Board of Education further mandates that students have a right to safety in the school environment. Schools must have plans in place for conflict situations, including procedures for involving law enforcement when needed. School districts are specifically urged to collaborate with parents and guardians as well as other community groups and law enforcement authorities in order to ensure student safety. These rules are spelled out in both the state code and in California State Board of Education Policy 01-02.

The San Francisco Chronicle reported on an incident at the Occupy Oakland protests that occurred Wednesday evening. The protests present a unique traffic hazard, but even in normal conditions car crashes involving pedestrians are not nearly as rare as one would hope. The incident serves as a reminder that anyone involved in an automobile-related injury in our area should always seek out a Northern California automobile accident attorney for advice.

According to news reports, a silver Mercedes-Benz struck two individuals involved in a march near the intersection of 11th and Broadway. The pedestrian protesters suffered non-life-threatening leg and ankle injuries and were taken to Highland Hospital. Police did question the driver, who does not appear to have been injured, and he was allowed to leave the scene. Witness accounts make it unclear whether the crash was an accident or a result of “road rage” with the driver acting on frustration and being provoked by other protesters. Early reports suggest that the driver did have a green light but that his car was blocked by the crowds.

Regardless of political positions, this incident can serve as a reminder of the importance of involving a skilled Oakland personal injury attorney when a car accident occurs. As the Chronicle noted, there were conflicting reports from the many witnesses at the scene. This incident had a particularly volatile context, but emotions will always run high where cars and injured pedestrians are involved. Differing reports from eye-witnesses are common. It is important that anyone involved in an Oakland car accident seek the assistance of a lawyer as soon as possible. An attorney can help gather information while it is fresh and make sure that a complete investigation is undertaken. Early involvement is ideal since time can fade memories and make it more difficult to locate all relevant witnesses. While the police are often involved, they have limited time and resources. It is vital that an attorney be engaged who is dedicated to helping uncover the truth and advocate on behalf of those involved.