San Francisco Injury Lawyer Blog

California Inmates’ Deaths Raise Questions Regarding Proper Care and Civil Rights Violations

September 1, 2017 | Gregory J. Brod

When individuals are jailed while criminal charges are pending or imprisoned after a conviction, they do not lose their civil rights. Inmates of state and federal facilities have the right to receive adequate physical and psychological care, including treatment for any injuries or medical conditions. However, recent inmate deaths in California shine a spotlight on the issue of inmate care and civil rights. Two individuals lost their lives in state facilities after receiving potentially negligent care.

If you have a loved one currently in jail or prison and you believe he or she has been injured due to a lack of proper care, contact an experienced attorney of Brod Law Firm at (800) 427-7020.

59-Year-Old Dies at Sonoma County Jail

Opioid Crisis May Lead to Elder Abuse and Neglect

August 30, 2017 | Gregory J. Brod

The opioid crisis in the U.S. continues to spread and at this point, few families and individuals are left unscathed. In addition to the deep physical and psychological impact an addiction has on a person, it also has profound effects on that person’s family. This is one of the ways in which the opioid crisis is affecting more and more seniors. While elderly individuals can be addicted to opioid painkillers themselves, they are also often taken advantage of, neglected, and abused by those suffering from this affliction.

If you or an elderly loved one have been physically, emotionally, or financially injured by someone addicted to drugs, contact your local senior social services or law enforcement to ensure you or loved one can get to or create a safe environment. Next, contact an experienced San Francisco elder abuse attorney from Brod Law Firm to learn about your rights.

How Opioid Addiction Lends Itself to Elder Abuse

Pasadena City Council Strengthens Tenant Protections

August 28, 2017 | Gregory J. Brod

In August, 2017, the Pasadena City Council approved the final draft of the revised Tenant Protection Ordinance. The new changes clarify when displaced tenants are eligible for moving and relocation financial assistance.

When and whether landlords need to pay displaced tenants for their troubles has become a significant issue throughout California as evictions continue to rise. If you have been evicted from your unit without having done anything wrong and now you are having trouble finding a new place to live, look into your rights. In certain circumstances, your landlord may owe you money for the cost of moving and relocating. Contact an experienced tenants’ rights attorney from Brod Law Firm to learn more.

Pasadena’s Updated Tenant Protection Ordinance

Forklifts Involved in Dangerous Workplace Accidents

August 25, 2017 | Gregory J. Brod

In mid-August, Edwin Gomez-Zarate, 35, was working for SiteOne Landscape Supply and operating a forklift to load and unload paver stones for a residential driveway project. Details are not immediately known, but Gomez-Zarate became trapped in the forklift in some way. Police were sent to the worksite that afternoon and Gomez-Zarate died shortly after 3 p.m. before arriving at a hospital.

This tragedy is an example of the dangers of many common workplace vehicles and equipment. While forklifts are routinely operated across the country, they require special training and a great deal of care. If the operator and workings around vehicle are not careful and observant, deadly accidents can occur.

The situation that led to Gomez-Zarate’s death is currently under investigation by the California Division of Occupational Safety & Health (CAL/OSHA), which may lead to more information. If there is evidence of a health and safety violation, SiteOne Landscape Supply may be sanctioned. Additionally, evidence of a violation or another person’s negligence may support a legal claim by the surviving spouse.

San Francisco Discovers Dozens Living in Basement of Laundromat

August 23, 2017 | Gregory J. Brod

In January of 2017, San Francisco authorities discovered that there were 20 to 26 people living in squalid and unsafe conditions in the basement of The Clean Wash Center on Mission Street. The basement had been home to dozens of people, ranging in age from 12 to 72 years old, for more than a decade and was known as 5 Persia Avenue – a made up address. Some of the tenants are undocumented immigrants and many do not speak English well. Despite the poor conditions, they were charged up to $1,000 per month for a small room.

This is an extreme example of the illegal and unsafe conditions many tenants are forced to endure throughout San Francisco, particularly immigrants who may be unaware of their rights or face a language barrier when searching for accommodations. However, tenants have numerous rights based on federal, state, and local law. If you or someone you know is living in substandard conditions, contact the local authorities or call a San Francisco tenants’ rights attorney from Brod Law Firm to learn about your options.

Illegal Basement Units Went Unfound for Years

Family Sues for Elder Abuse After Patient Denied Physician-Assisted Suicide

August 21, 2017 | Gregory J. Brod

Under the California law, the End of Life Option Act, which went into effect June of 2016, terminally ill patients have the right to request life-ending medications. They must do so in a specific way and endure a waiting period before they can receive the drugs. However, the way the law is set up, physicians and medical facilities do not have to participate. Individual doctors can refuse to offer the medications as an end of life option, while others are prohibited from doing so by their employer’s guidelines.

In addition to the option to not participate in physician-assisted suicide, doctors do not have to warn patients upfront that they do not provide this end of life option or help patients find a physician who will. As was the case with Judy Dale, who was denied life-ending medication. Dale’s family, who watched her suffer while trying to find another physician to help her, is now suing University of California San Francisco (UCSF) Medical Center for fraud and elder abuse.

The Dale Family’s Suit

Bakersfield Hospital Sued for Neglect and Wrongful Death

August 18, 2017 | Gregory J. Brod

The family of an elderly Korean War veteran, Robert Hopkins, who passed away after falling from his hospital bed, has filed a lawsuit against Valley Convalescent Hospital located in Bakersfield, California. The family is citing neglect as the cause of their loved one’s wrongful early death. Specifically, the family is asserting that the nursing assistant employed by the facility failed to properly set a side rail on Hopkin’s bed, which led to a fall from his bed. This particular fall, which turns out to be one of nine Hopkins suffered after being admitted to Valley Convalescent, led to a broken vertebrae. He died approximately a week later. California’s Department of Public Health (CDPH) determined the fall from his bed caused Hopkin’s death and fined the medical facility.

Additional Signs of Neglect

Evidence that Hopkins suffered nine separate falls from either his hospital bed or wheelchair, and that his wife was not aware of all of these falls prior to his death, points to a lack of proper care. Medical facilities that care for elderly patients are well aware of their patients’ mobility issues and the increases risk of fall. These medical professionals should also be aware of the high risk of injury and death related to falls and take care to prevent as many falls as possible.

Northern California Landlords Settle Complaint Based on Discrimination Claims

August 16, 2017 | Gregory J. Brod

This summer, landlords in Greenbrae, California, settled a complaint brought by a female tenant with a disability and the Fair Housing Advocates of Northern California (FHANC) based on disability discrimination. The female tenant, Stacey Kitchin and FHANC alleged Shultz Investment Co. and Greenbrae Management, Inc. discriminated against the resident due to her medical condition and service animal when she lived at the Bon Air Apartments. Following an investigation into the allegations of discrimination by the U.S. Department of Housing and Urban Development (HUD), the landlords settled with Kitchin and FHANC for $72,000.

Leading up to the Complaint and Settlement

Over a 15-year period, Kitchin was forced to endure discriminatory statements and retaliatory actions due to her service animal, including false claims that the small dog was disruptive, had bitten a maintenance worker, and was not a lawful service animal under California law. Despite receiving an approval for her service animal in 2010, she repeatedly received notices of lease violations due to the presence of her dog. In 2014, she then received a three-day Notice to Cure or Quit, requiring her to remove her service animal or leave. Kitchin’s attorney discussed the law with the landlord who rescinded the notice. However, the landlord continued to create and implement discriminatory policies regarding service animals. Eventually, these issues led to the cancellation of Kitchin’s Housing Assistance Program voucher, forcing her to move.

Garbage Truck Involved in Highway Collision in San Francisco

August 14, 2017 | Gregory J. Brod

Garbage trucks are a constant presence on city streets and highway. While they are providing a crucial civic service, these sizable vehicles are sometimes part of serious collisions.

On Thursday, August 10, a garbage truck was involved in a collision with at least one other vehicle on Interstate 280, north of Alemany Boulevard. The truck driver appears to have lost control, hit the center divider, and eventually ended up with the cab on the shoulder of southbound lane of I-280, while the trailer was in the northbound lane of I-280.

It was not immediately clear whether anyone suffered serious injuries. However, it was reported that at least one person was taken to the hospital.

Senators Push for More Fraud Protection for the Elderly

August 11, 2017 | Gregory J. Brod

Senators Susan Collins (R-ME) and Amy Klobuchar (D-MN) sponsored Senate Bill 81, the Seniors Fraud Prevention Act of 2017. Both senators have spoken out about the need to protect seniors from fraud and scams. From Internet fraud to charity scams and Ponzi schemes, elderly citizens are often targeted. The intention of the Seniors Fraud Prevention Act would require the Federal Trade Commission (FTC) to coordinate with other agencies to best monitor for fraud schemes and to distribute information to seniors and their families about how to recognize and report scams.

Seniors Fraud Prevention Act Passes Senate

Without any objection or amendment, the Seniors Fraud Prevention Act passed the Senate on August 2. It was then referred to the House Committee on Energy and Commerce. The companion House Resolution 444, sponsored by Rep. Deutch (D-FL), remains with the House Subcommittee on Digital Commerce and Consumer Protection. It is now up to the House of Representatives to review the bill and determine whether it moves forward and whether it moves toward becoming law as is or with adjustments,