San Francisco Injury Lawyer Blog

Bay Area Bicycle Accident Attorney Comments on Justice for Cylists

February 10, 2011 | Gregory J. Brod

Police in San Francisco have a new entity, a type of watchdog/public eye, to contend with: The Bike Accident Tracker App. According to baycitizen.org-the creators of the app– police will write an accident report only if an ambulance is called. As you can imagine, a lot of reports go unwritten because many victims don’t have health insurance and can’t afford a trip in an ambulance. Some injured victims will resort to picking themselves off the pavement, getting the driver’s information themselves, and finding their own way to the emergency room. Then they will go to a police station to file a report, at which point the police may not write one and will only give a case number. In order to get a full picture of bike collisions, baycitizen.org has engineered the Bike Accident Tracker App to allow cyclists or motorists to submit their own crash data. Their hope is that this, combined with statistics from the police, will provide a better idea of where and why crashes are taking place.

Since launching the Bike Accident Tracker, they’ve received about 30 reports, and they’re adding them to the map. The self reported accidents are all different. For example, one woman got caught on the F-Line tracks while turning left onto Valencia Street form Market Street. In another incident, a man trying to cross Geary Boulevard was doored by the passenger of a car that decided to stop in the intersection. Just as in other cases, the police refused to take a report of these cyclists because they did not want to go the hospital. Since police reports are used for insurance purposes, they are key component in the filing a claim and the foundation of a demand for compensation. Here at the Brod Law Firm, we think all cyclists should be treated fairly after they are injured in an accident and that no cyclist should have to choose between having a report written and taking their injured selves to the emergency room. For over 10 years we have been fighting for the cyclists from all bay area cities. Whether you suffered an injury here in San Francisco or in Walnut Creek, we have the ability and experience to help you get the compensation you deserve.

Oakland-San Francisco Class Action Attorney Comments on Product Liability and False Advertising

February 8, 2011 | Gregory J. Brod

A recent class action against Dial argues that there are no reliable studies showing that Tricloasn–the active ingredient in Dial Complete–provides any of the results allegedlly promised by Dial or that it provides a benefit over washing with regular soap and water. Sadly, it is often the case that a company will use misleading and even illegal marketing claims, such as “kills bacteria,” “fights germs,” protection against mold,” “odor-fighting” or “keeps food fresher, longer” and potentially endanger the health of unsuspecting shoppers in order to make a profit. An extensive report put out by the Environmental Working Grouphas revealed how harmful Triclosan is to humans. In addition, the report found that the addition of Triclosan to home-use products, which is usually added in indiscriminate amounts, is unnecessary, does not appear to provide any additional protection form infection, and may breed Triclosan-resistant super germs. It turns out, people are exposed to the chemical more than they know, as it is in antibacterial soaps, dishwashing detergents, and body care products including toothpaste and deodorant. The American Medical Association recommends against using Triclosan in the home because it may encourage bacterial resistance to antibiotics. An advisory committee to the Federal Food and Drug Administration has found that household use of antibacterial products provides no benefits over plain soap and water
Triclosan has been linked to liver and inhalation toxicity. Low levels of Triclosan may disrupt thyroid function. Wastewater treatment does not remove all of the chemical. Triclosan ends up in lakes, rivers and water sources. Studies have linked Triclosan to cancer and developmental defects. Triclosan tends to bioaccumulate, meaning it becomes more concentrated in the fatty tissues of humans and other animals. As a result, this chemical has been detected in human breast milk, and in blood samples as well. Higher levels of Triclosan in blood and breast milk are linked to use of body care products containing Triclosan. A recent lab study found the chemical to exert both estrogenic and androgenic effects on human breast cancer cells. The daily household use of Triclosan may alter a developing body’s natural microbial community following chronic exposure to the chemical and cause immune system abnormalities.

If you have been harmed by a product due to false claims made by the company that manufactured and sold it, please contact our firm today. We have over 10 years experience fighting for victims of unsafe products and will win you the compensation you deserve.

San Francisco Taxi Cab Accidnet Attorney Comments on Taxi-Limousine Collision

February 7, 2011 | Gregory J. Brod

According to SFAppeal.com, six people were injured at around 2am on Sunday Morning after a taxi cab and limousine collided in an intersection near Nob Hill. After they collided, the limousine struck and shattered the bottom sleeve of a nearby light post. Two pedestrians were hit with the debris. Four victims were transported to San Francisco General Hospital and two victims were transported to St. Francisco Memorial Hospital-all were diagnosed with non-life threatening injuries. At the moment, it is unknown how many of the victims were passengers, drivers or pedestrians. Witnesses have reported that the collision may have been the result of one of the vehicles running a red light.

Sadly, accidents like this are not surprising. Taxi drivers in san Francisco are notorious for driving over the speed limit, pushing the time allowed to cross at a yellow light, changing lanes without checking over their shoulder-and generally placing passengers in danger. On the flip side of that is the unfortunate fact that passengers don’t always think top buckle up, nor are they encouraged by drivers to do so. The combination of all these factors makes for a disaster in waiting.

Despite taxi driver reputation, San Francisco taxi companies are common carriers, which means they are under obligation to provide a certain standard of care, what is referred to as “the highest duty of care.” As a passenger, you want any taxi you use to abide by this and adhere to this standard, since any time you get into a taxi, or any motorvehicle, there is the potential for an accident to happen. Taxis must be in safe and in good working order, and seat belts must properly function. Drivers of taxis must be familiar with city streets, obey all speed limits, and comply with right of way and traffic light rules. As for limousines, most people don’t know that limousines are not officially licensed taxis. They may or may not have insurance. You can tell when a limo is licensed and compliant with Public Utilities Commission Insurance requirements, as they will have a “TCP” number on the front and rear bumpers.

San Francisco Class Action Lawyer Comments on Safeway Class Action

February 4, 2011 | Gregory J. Brod

According to SFGate.com, a class action lawsuit has been filed in California by two Safeway shoppers, Dee Hensley-Maclean of Montana and Jennifer Rosen of San Francisco, with the aid of the Center for Science in the Public Interest. The lawsuit says that Safeway failed to notify its regular customers about a Salmonella recall, even though it had the tools to do so through its Safeway Club Card program. Safeway is claiming that it is not always possible to reach shoppers via its loyalty program, although it says it attempts to do so in other ways, such as posting recall information on its website, complying with legal and regulatory requirements regarding food recalls, and sending out press releases.

Hensley-Maclean said she bought peanut butter crackers and Nutter Butter sandwich cookies that had been recalled because of Salmonella contamination. Rosen said she bought eggs that had been recalled ude Salmonella-contaminated eggs, though no one in her family became ill. Both plaintiffs argue that they and others who bought recalled food should be refunded the price of those purchases and that Safeway should commit to using its Club Card program to contact consumers about future recalls. Rosen is upset mostly because she has two small children who could have become sick, or perhaps died, had they consumed contaminated eggs.

When a Safeway shopper fills out an application for a club card, they are asked to fill out their name, address, telephone number and email address so they can be notified of store promotions. Then that information goes into a database that the company uses to analyze customer shopping habits. Here at the Brod Law Firm we believe that if Safeway can use club member information to notify them about special deals in order to boost sales, then they should do the same by notifying customers about recalls in order to boost consumer confidence and loyalty. This lawsuit is not about people becoming sick or injured due to eating contaminated food, it is about asking Safeway to take off its corporate tinted glasses, take a look at the bigger picture, and do what is right by the consumer.

Oakland-San Francisco Defective Products Attorney Comments on Plavix Side effects.

February 3, 2011 | Gregory J. Brod

Plavix, a popular drug used to prevent blood clots in people at risk for a heart attack, has been linked to some serious side effects, including bleeding. According to its label, Plavix can lead to gastrointestinal and cerebral hemorrhaging, bleeding of the eye (conjunctival, ocular, retinal) bleeding, musculosketal bleeding, fatal intracranial bleeding, respiratory tract bleeding, and skin bleeding. It turns out that bleeding, including life-threatening and fatal bleeding, is the most commonly reported side effect. For some time now, Plavix, prescribed along with asprin, was thought to cause less bleeding than the alternative blood thinner drug Warfarin. However, a recent study conducted by the U.S. Centers for Disease Control (CDC) found the risk of hemorrhaging among Plavix-asprin users significantly higher than thought, although still less than Wararfin risks. Yet the number bleeding related emergency room visits were similar for users of both drugs.

What does all this mean? Well, it means that patients and doctors should be aware of the risks involved with the use of Plavix, that doctors should inform their patients that Plavix could cause them to bleed more easily, that it could take longer than usually to stop bleeding, and that patients should report any unanticipated, prolonged or excessive bleeding. Bleeding and other adverse side effects from taking Plavix can have potentially life-threatening consequences. If you have taken or are currently taking Plavix, you may wish to consult with your physician to discuss possible alternatives, especially if you have had a recent surgery or trauma.

If you or a loved on suffered injuries due to the use Plavix or any other medication, please contact our firm. If you have questions regarding your options or have questions regarding defective products/product liability law, we are available to talk with you about your legal rights. We have over 10 years experience helping victims of defective products receive the compensation they deserve.

Oakland-San Francisco Accident Attorney Comments on Train Accidnets

February 1, 2011 | Gregory J. Brod

Last Saturday a train hit a truck in Watsonville at Kirby and Elkhorn road just after 1pm. The engineer did try to apply the emergency system to bring the train to a stop, but there was not enough time to do so. The train ended up hitting the truck at approximately 50 miles per hour. Both people in the pick-up died at the scene. Nobody on the train was hurt. The specific cause of the collision is still under investigation, but CHP said the driver wasn’t speeding and doesn’t believe she was under the influence.

According to the Federal Railroad Administration Office of Safety Analysis (FRAOSA), Highway-rail and trespassing incidents account for 95.46% of all fatalities, and highway-rail incidents represent 17.73% of all reported events. As defined by the FRAOSA, a highway-rail incident is any impact between a rail and a highway user at a crossing site, regardless of severity and includes motor vehicles and other highway/roadway/sidewalk users at both public and private crossings. In 2010, there were 1817 incidents, 245 fatalities and 751 nonfatal incidents at crossings, and 428 fatalities and 351 incidents at non-crossings.

Here at the Brod Law Firm, we are usually surprised by reports of train-crossing accidents, as it is hard to comprehend how a train could sneak up on someone. However train accidents, such as the one that happened over the weekend, and the above statistics prove that they happen more than one would think, which underlies the need for learning life-saving practices to help avoid a collision with a train. The following are a few safety tips to keep in mind the next time you approach a railroad crossing:

San Francisco Wrongful Death Attorney Comments on Wrongful Death Suit

January 28, 2011 | Gregory J. Brod

The parents of the 22-year old Nils Yannick Linke, the young man who was killed on Masonic Avenue last August after being run down by a negligent driver, have filed a wrongful death lawsuit. The complaint describes the sad details of the accident, from the behavior of the two defendants before the accident to their behavior after the accident –when they left the defendant for dead. The story goes like this: At approximately 7:30p.m., defendants and over the following two hour time period consumed alcoholic beverages including two bottles of wine, a champagne cocktail, a beer, and two shots of liquor. The defendants left the restaurant at approximately 10 p.m. and drove while intoxicated. After striking Nils the defendants got out of car and saw Nils lying in the street, convulsing and bleeding. At that point they moved the bicycle to the sidewalk and returned to the car without rendering aid to Nils. Then they fled the scene at a high rate of speed, without contacting emergency personnel. Shortly after, they were stopped by the police, whereby they performed a driving under the influence investigation. Even though it had been two hours since the accident, it was determined that the defendant’s blood alcohol level was 0.10, and also tested positive for cannabinoids.

The parents allege that the defendants acted with conscious and deliberate disregard of the rights, safety, and interests of others by voluntarily commencing and thereafter continuing to consume alcoholic beverages to the point of intoxication knowing from the outset that one of them must thereafter operate a vehicle. They also allege that because of their negligent, careless, reckless, wonton behavior and that because they decided to unlawfully drive and operate a vehicle, that they be held liable for general, specific, and punitive damages; for interest to the extent allowable by law; for the costs of the suit; and for such further relief as the Court may deem proper.

Here at the Brod Law Firm, we don’t feel there is really anything left to say, except that we hope Nil’s family is fully compensated for there loss and that they are able to move past this tragedy in there own time.

Oakland-San Francisco Personal Injury Attorney Comments on Stroller Recall

January 25, 2011 | Gregory J. Brod

According to the U.S. Consumer Product Safety Commission (CPSC), Jogging Strollers, which were imported by phil&teds USA Inc, have been recalled for repair due to risk of amputation and laceration hazards. The CPSC reported that when someone is opening or closing the stroller they can get a finger caught in the hinge. So far phil&teds has received three reports of injuries to adult users, one of which was a finger amputation. The other two included finger lacerations. Consumers are advised to stop using the recalled jogging strollers immediately and be aware that it is illegal to resell or attempt to resell a recalled consumer product. The recall includes the sport v2 and v1 models, both of which have three wheels The company has received a total of three reports of adults that have been injured as they unfolded or folded these strollers. The recalled strollers were manufactured in China and sold in specialty juvenile stores nationwide from May 2008 through July 2010 for between $350 and $450.

Around 22,000 of these strollers, sold between May 2008 and July 2010 at specialty stores, are involved in the recall. The serial numbers on the v2 model range from 0308/001 to 0510/0840, and on the v1 model they range from 0308/001 to 0510/0906. The serial number has the first four digits as the month and year of manufacture, while the last four digits refer to the individual stroller number and can be found on the folding hinge. Consumers who have a recalled jogging stroller can contact phil&teds USA to get a free hinge-cover kit and repair instructions. They can also visit www.philandteds.com or call the company toll-free at (877) 432-1642 for more information.

Here at the Brod Law Firm, we believe that any company, not just phil&teds, that sells things that people pay good money for and expect a certain level of safety from, should be able to meet those expectations, and, if they can’t, then they should take every step necessary to provide full compensation to the consumer. If you have any questions regarding product liability law or suffered an injury due to the use of an unsafe product, please contact our firm for a free consultation.

San Francisco-Oakland Product Liability Attorney Comments on Toyota Class Action Settlement

January 21, 2011 | Gregory J. Brod

According to ConsumerAffairs.com, hundreds of Toyota Prius owners have been complaining about a headlamp related problem since 2006. The complaints are similar: the headlamps flicker and then go out. Some Prius owners had their headlights go out while they were driving at night, and one person in particular was going around a blind curve at night when the lights went out. When owners take their Prius to the dealership to have the problem fixed, the price to cost the problem can range between $300-$2000, depending on if it is mechanical or electrical, or, if it is electrical, how extensive the electrical issue. For those who had their headlamps fixed or replaced, many of the headlamps would fail to function normally-either they pointed to high or low, would not adjust properly, or would go out again in as little as 6 months. Needless to say this is a costly burden to loyal Toyota customers.

The good news is Toyota Motor Corp. is going to alleviate this costly burden. They have agreed to settle the class action lawsuit regarding the faulty headlamps in its 2006 to 2009 Prius hybrids, which resulted in at least 2,500 complaints from motorists. The complaint stated that Toyota concealed the problems from owners even though the automaker had long been aware of the problem, a problem the suit called a “dangerous but undisclosed safety defect.” Under the terms of the settlement, eligible Prius owners will be reimbursed for their costs to fix failing headlamp systems. They will also get their warranties for headlight problems extended to five years or 50,000 miles, instead of the standard three years or 36,000 miles. Toyota can now rest assured that they have put the 2006-2009 behind them, which means no more court appearances, no recalls, and they can begin to rebuild their reputation of being a car company that deliverers quality and reliability-as they have faced several lawsuits over the past few years regarding sudden acceleration, all of which have damaged their image.

If you feel you have a product liability claim or have a question about product liability law as it pertains to a particular incident that happened to you, please contact our firm. We have over 10 years experience fighting and winning product liability suits and would be happy to consult with you regarding a potentential claim.

San Francisco-Oakland Attorney Comments on Nursing Home Lawsuits

January 18, 2011 | Gregory J. Brod

California Watch reported last week that, since 2010, five lawsuits have been filed against nursing home operators, all of which allege neglect or abuse due insufficient staffing. The lawsuits are a “big wake-up call,”according an attorney representing one of the plaintiffs. State data was used by prosecuting attorneys to identify nursing home chains and facilities that provided inadequate numbers of staff, and their message is clear: the practice of earning profits through understaffing is no longer acceptable, now that plaintiffs are fighting back. Complaints by the plaintiffs varied and include: being left unattended, call lights were left unheeded; received inadequate help with getting to the bath room, which resulted in sitting in a urine-soaked bed for yours; one resident was not moved enough to avoid developing bed sores; inadequate assistance with eating and rough handling by staff; being drugged until feeling sleepy and groggy; surgery to correct bedsores.

As we have stated before, deciding to place a family member in a nursing home is painful and difficult. Some families, however, have no other choice when the medical and physical demands make other options impossible. Choosing the right and appropriate home is not a task to be taken lightly. Families should make an appointment to tour each home in which they are interested. During each tour they should ask to see more than the public areas and visit several residents’ rooms. And, if possible, families should try to walk through the facility on their own, which will allow them to experience it without input from staff or the managing director, who may have a one-sided biased interpretation. Also, It is advisable for families to meet the other caregivers, faculty, and staff, and establish a relationship with them, and make sure that their loved ones receive care in a manner and in an environment that promotes dignity and respect. Here at the Brod Law Firm, we believe there is no substitute for visiting and seeing for yourself if a particular nursing home is acceptable-we have heard too many horror stories from families about relatives that were neglected or abused due to lack of oversight.