San Francisco Injury Lawyer Blog

San Francisco Product Liability Attorney Comments on Harmful Canned Foods

December 17, 2010 | Gregory J. Brod

Here’s a headline that caught our attention: “Botulism Risk May Hide in Homemade Holiday Gift Baskets.” Botulism and Holiday gift baskets? Hmm… we could not immediately see the connection between the two. The article explained that with the economic downturn, people are finding creative ways to save money on gifts, and one way people are saving money is by purchasing cans and jars and making canned food items to give as gifts. The problem with this gift idea is that some people don’t know what they are doing and end up giving canned goods that actually end up harming the people who eat the contents. According to the article, three people required hospitalization after eating green beans that were inappropriately canned at home in 2009. A common source of food-borne botulism is in home canned foods that are low in acid, such as green beans, corn and beets.
The May Clinic states that botulism is a rare but serious condition caused by toxins from bacteria called Clostridium botulism and that food-borne botulism is harmful bacteria that thrive and produce the toxin. Also according to the Mayo Clinic, signs and symptoms of food-borne botulism typically begin between 12 and 36 hours after the toxin gets into your body and include difficulty swallowing or speaking; facial weakness on both sides of the face; blurred vision; drooping eyelids; trouble breathing; nausea; vomiting and abdominal cramps; paralysis. Anyone experiencing the above symptoms should seek medical care. Early treatment increases chances of survival and will help to alert public health authorities, who can help prevent people from eating contaminated food.
So be careful this holiday season and be cautious if you receive a gift basket with home canned foods. The holidays should be a time of joy, a time to celebrate good health, friendship and family. If you or a loved one fell ill due to improper food handling or packaging, either homemade or commercial, contact our firm. We have over 10 years experience fighting and winning product liability lawsuits. Please call our office if you have any questions regarding product liability law or if need help determining if you have a claim.

San Francisco-Oakland Injury Attorney Comments on Safety on San Francisco Buses, or Any Bus in the Bay Area

December 14, 2010 | Gregory J. Brod

Muni has received the approval rating in almost a decade, according to the SF Examiner. Thousands of riders take Muni each day, and during the past year, they have been paying more and more while the agency has tried to fix its deficit. The price for a monthly pass has increased twice, from 45 to 70, while service has been slashed on many lines. Generally, passengers feel $70 dollars is too much money to pay for waiting for a bus for 45 minutes or ride buses that are overcrowded and/or unsafe. Consider, for example, the two incidents that happened on the N-Judah recently. On November 30th two suspects shoved a gun into the stomach of a Muni passenger and demanded money, punched him several times and stole his laptop. Then two days later on December 2nd, another passenger was terrorized by armed suspects while riding the N-Judah, whereby one of the suspects sat down next to the passenger and pulled out a knife and demanded his possessions. Some say that miserable service overshadows any breakthroughs the SFMTA accomplishes. Let’s hope the Muni rider with financial knowledge, investment experience-and, most likely, rider frustration-that Gavin Newsom has nominated will be able to serve Muni riders.
The folwoing are some common sense, safety tips you can take into account when you ride the bus. Think about sitting near the middle, near the door in case you need to exit ASAP. Also, don’t show off your new iPhone or iPod, or a new and expensive anything. Try substituting black earphones rather than wear the white iPod earphones, a signal to others you have one. Don’t cling to tight to your things, which gives you a fearful look and inevitably draws attention to you. Try to act casual, but stay vigilant and don’t look like an easy target. Avoid suspicious looking and crazy people. If you don’t feel safe, just get off and wait for the next bus or, if you are not too far from your destination, walk the rest of the way. And don’t forget that some drivers are not on your side, as they may ignore your being assaulted or even cause you to be injured by way of their own negligence. If you or a loved one was injured due to an incident or accident on a bus, please contact our firm today.

San Francisco-Oakland Injury Attorney Comments on Food Safety

December 9, 2010 | Gregory J. Brod

In July the U.S. House of Representatives passed H.R. 2749, and one week ago the senate passed the FDA Food Safety Modernization Act (S.510) by a vote of 73-25. Yet, the day after S. 510 passed in the Senate, the House of Representatives determined that, due to S. 510’s revenue provisions. Accordingly, the only way to fix this problem is through House action, and so the House is expected to introduce and act on a new bill, which then must be passed by the Senate. But the 111th Congress only has little time remaining, so it must act quickly.

Food safety affects all of us. The FDA is responsible for 80% of our food supply, yet they currently do not have the authorities or the resources they need to regularly inspect all the food production facilities under its jurisdiction. Government inspectors inspect facilities once every 8-10 years. The new legislation would increase the FDA’s inspection frequency on once every 5-7 years. Additionally, the new measure would require manufacturers and farmers to come up with strategies to prevent contamination and then continually test to make sure they are working. The bill would also give the FDA the authority needed to force companies to recall contaminated items, test widely for dangerous pathogens, and provide the resources and authority to prevent food safety problems.

These provisions really need to be passed if we plan to properly deal and keep up with both the global and domestic food demand and challenges expected to develop within the next few decades, as we have not seen any significant food safety legislation in 70 years. Each year thousands of people become ill and businesses spend billions of dollars as a result of lost sales, recalls, and legal expenses caused by tainted food. If you or a loved one became sick due to food contamination, please contact our firm for a free consultation.

Gas Explosions in the San Francisco Bay Area–A Danger Lurking Around the Corner?

December 6, 2010 | Gregory J. Brod

After the September 9th gas line explosion in San Bruno that killed eight people and destroyed and damaged more than 50 homes, it makes sense that Pacific Gas and Electric Co.’s board of directors is hiring an independent consulting firm to review its natural gas transmission and distribution. According to Bloomberg,the spokesman for PG&E said the study is aimed at identifying best practices in the natural gas industry and steps the utility can take to provide confidence it’s following them. Consultants, from Process Performance Improvement Consultants, will assess the company’s safety practices and then recommend changes where appropriate. The firm also will examine new industry trends for gas line inspections, accident prevention, maintenance, capital planning and engineering. Once the review is complete, it will be overseen by independent members of the board and is expected to be completed by September of next year. The California Public Utilities Commission is also looking into the San Bruno Explosion and trying to determine exactly what caused it, and they have asked that PG&E reduce pressure in certain transmission pipelines by 10 percent, according to southsanfranciscopatch.com. During that time, PG&E will give $25 debit cards to customers who use less gas this month compared to average use at the same address for the past three Decembers. They will also offer a 20 percent credit on utility bills for customers who use 10 percent less gas than during those same months last year.
It goes without saying that even though the residents of San Bruno and the surrounding cities know that natural gas is highly needed during the winter months, they realize what is more important is that they comply with the request to use less, as natural gas is extremely dangerous and no one wants to live thru another accident. We all expect that PG&E properly installs and maintains their equipment, but as the explosion revealed, we can never assume that we are completely safe. The consequence of flawed or defective products and workmanship can be catastrophic explosions, which usually result in deaths and people being severely burned or disfigured. Here at the Brod Law Firm, we have successfully handled and won burn cases. If you or a loved fell victim to a natural gas explosion or burn injury, please contact our firm for a free consultation.

Oakland-San Francisco Elder Abuse Attorney Comments on the Reporting and Prevention of Elder Abuse

December 3, 2010 | Gregory J. Brod

The laws regarding the handling of nursing home complaints may vary slightly by state, but most states have a policy requiring that investigation of nursing home complaints begin one to two weeks after they are filed. Individuals who file legitimate nursing home complaints have the right to be free from retaliation, to remain anonymous, to receive a response, and to accompany the investigator to the site if desired. According National Committee for the Prevention of Elder Abuse (NCPEA), a recent national study of Adult Protective Services (APS), there were 253,421 reports of abuse of adults age 60 or older. Considering the large amount of underreporting, the Senate Special Committee on Aging estimated has that as many as five million older Americans may be victims of abuse, neglect, and/or exploitation every year.

There is good news in California, however, regarding the development of ways to prevent elder

abuse and protect seniors. Specifically speaking, during 2010 new efforts were made at zeroing in and cracking down on the different types of abuse against elders. One such effort was the creation of a new software system to increase safety for domestic violence victims. The system, called the California Courts Protective Order Registry , will be used by the trial courts in all 58 counties and will help judges issue protective orders, including protective orders for elders. Another effort is being made by the California Department of Managed Care, which involves an investigation into insurance agents who defraud seniors by disenrolling them in Medicare– without their knowledge– and enrolling them in Medicare Advantage, a program where the federal government pays the premiums to the private insurer.

San Francisco Personal Injury Attorney Comments on Water Safety

November 30, 2010 | Gregory J. Brod

According to the pressdemocrat.com, the body of a kayaker was recovered from the ocean south of Mendocino last week, one day after he was reported missing. The victim, Donnie Kelly Foster, 56, was from Mountain View. He had set out on his 7-foot blue, whitewater kayak near Mendocino Bay and the Big River area at about 3p.m. on Tuesday. Foster and his wife went to the coast for the Thanksgiving holiday. Forrester had gone out on the ocean on Monday and Tuesday Morning and returned safely, but did not return after he went out Tuesday after noon. He was the second person to die Tuesday in the rough waters off the Sonoma and Mendocino coasts. A 71 year old Sacramento man who was crab fishing with friends north of Bodega Bay drowned after his vessel capsized. Forester’s wife told rescuers that her husband was an adventurous person who enjoyed extreme outdoor activities. According to Coast Guard rescuers, he was not wearing a life jacket, and he was nothing but a thin dry-suit-like jacket and fleece pants.

Here at the Brod Law Firm we often hear stories of water sport enthusiasts who underestimate the often treacherous conditions of the ocean and then become injured because they did not take the proper safety precautions, like wearing a life jacket. Considering the many boating and kayaking fatalities, the unpredictable nature of waters, the instability of kayaks, and the risk of drowning or hypothermia from capsizing or falls overboard, it makes sense to always wear a life jacket. A properly fitted life jacket can prevent most fatalities. The following are safety tips from the U.S. Coast Guard:

• Always wear a life jacket • Be comfortable in the water, out of your boat • Obtain the knowledge, skills and ability necessary for kayaking and canoeing • Always boat with a group. Three boats is a recommended minimum.

San Francisco-Oakland Injury Attorney Comments on Staying Safe During the Thanksgiving Holiday

November 23, 2010 | Gregory J. Brod

The Brod Law Firm is posting a very short blog today and taking the rest of the week off.

Don’t forget to stay safe during theThanksgiving holiday. Specifically, stay alert while driving to and from relatives and friends, be careful in the kitchen, if you’re the one cooking the Thanksgiving dinner, and be aware of your surroundings while shopping on Black Friday.

Happy Thanksgiving!

San Francisco Auto Accident Attorney Comments on Toyota Class Action

November 22, 2010 | Gregory J. Brod

According to the LA Times, a federal judge has ruled that he will permit Toyota owners of Toyota Motor Corporation vehicles to proceed with a class action lawsuit that alleges the issue with unintended acceleration resulted in a drop in car value. The attorneys for Toyota requested that the U.S. District judge, Judge James Selna, dismiss the case, arguing that attorneys for the plaintiff group were not able to isolate a defect in the vehicles, which means, essentially, that there is no case. In his tentative ruling, however, Judge Selna did not agree and allowed the case to go forward. Toyota has issued the following statement in response to the ruling: “Importantly, today’s hearing did not address the merits of Plaintiffs’ allegations and did not consider any evidence…At this early stage, this analysis by the Court requires a basic assumption that the plaintiffs’ allegations are true, even though they are unproven. The burden is now squarely on plaintiffs’ counsel to prove their allegations an Toyota is confident that no such proof exists.”

Even though Toyota is claiming they are innocent, the National Highway Traffic Safety Administration said it is likely that Toyota vehicles have been involved in about 90 deaths linked to unintended acceleration crashes since 2000. Since last November, Toyota has recalled many millions of vehicles worldwide over floor-mat interference and sticking pedal problems that may lead to incidents of unintended acceleration. Some vehicles are subject to both recalls. Also, they are being sued by Allstate Insurance Co. over the millions of dollars paid in claims that have to do with accidents involving unintended acceleration. What is more, Toyota has just settled a lawsuit with the relatives of California Highway Patrol trooper Mark Saylor and his three family members, all of whom were killed in an accident involving unintended acceleration.

If you need help filing a claim involving defective Toyota vehicles or want to know if you have grounds to file a claim, please contact our office today. Here at the Brod Law Firm, we have over 10 years experience helping victims of car accidents receive the compensation they deserve.

Oakland-San Francisco Attorney Comments on Dangerous Intersections

November 19, 2010 | Gregory J. Brod

According to streetsblog.com, surveillance video from a Tenderloin market shows a 65-year-old woman, who clearly had the right of way, in the crosswalk on Geary Boulevard and Leavenworth Street Wednesday afternoon when the driver of a UCSF shuttle bus loaded with passengers made a left turn onto Geary and struck and killed her. Suman Dhakal, who works at Star Market on the southeast corner, played the video for streetsblog before turning it over to SFPD investigators. It looks like it’s the driver’s fault from the shop video, because the light was a green and the woman was right in front of the bus. Dhakal said he thought that the driver was not paying attention, but, from looking at the video, it looks like he should have seen the lady.

What is particularly grim about this accident is the driver hit her once and then, perhaps out of fear, panic, and confusion, backed up and hit her again. Elizabeth Stampe, the executive director of Walk SF, said that the intersection of Geary and Leavenworth has been a troublesome spot for years. Dhakal said that he sees minor crashes and near misses on a daily basis. Most intersections like this one, intersections where a pedestrian walks alongside fast-moving, one-way traffic, are very dangerous indeed. Most drivers forget to slow down when they begin to turn, and slow down only when they see a pedestrian a few inches in front of them, which often leaves little time to safely stop. Like that shop owner at Geary and Leavenworth, you’re likely to see near misses at all these types of intersections. What is needed at intersections like this one is better street design, design that makes pedestrians a top priority and drivers aware.

Whether you have been injured or harmed in a pedestrian accident or whether you are the relative of someone injured as the result of a pedestrian accident caused by a negligent driver, you should seek legal assistance as soon as possible. At the Brod Law Firm we can help you get the compensation that you deserve. It is important to hire an attorney right away after an accident, so that your attorney may take statements from witnesses and have enough time to prepare a solid case. If you are unsure if you have grounds for a claim, please call us for a free consultation.

Oakland-San Francisco Attorney Comments on Insurance Bad Faith

November 18, 2010 | Gregory J. Brod

Insurance companies employ bad faith tactics in different ways. There is no doubt about it, though, that no matter the way, insurance denial can wear people down. The following is a common scenario involving disability benefits. First, an insured person files a claim involving an injury. Then the insurance company approves it, which is surprising, especially if someone has a previous condition that became worse over the years. One of the most used tactics is to deny a claim based on a pre-existing condition. However, an injury can become worse due to work, and can be the reason a claim is approved. After that the insured files for short term disability benefits (STD), and after a certain amount of time, say 20 weeks, long term benefits go into effect, automatically.
But things can go wrong while a person is receiving their STD’s– such as the insurance company deciding to scrutinize the claim within the first few weeks of issuing the STD. Once that happens, it can be nothing but headaches and pain for the person seeking benefits. At that point the insurer may begin to ask for the same information over and over or they may ask that the insured have XRAY’S or MRI’S taken to prove the severity of an injury. Even if doctors and surgeons review the documents and confirm the severity of the injury, anyone else, such as a nurse, on the insurer’s medical staff can disagree with and override the findings, which results in the insured being cut off from benefits. When that happens, the insurance company will usually send the insured an appeals packet. This is when it is time to hire an attorney, as the appeals process can be lengthy (sometimes insurances companies claim they did not receive an appeal and ask to resend it over and over to various departments) and frustrating.

If you are seeking a results-oriented law firm to assist you with an insurance-related concern, contact the Brod Law Firm today. Our firm has over 10 years experience representing policyholders in insurance-related disputes. We have helped many clients in a wide range of insurance-related issues. We stand up to the powerful insurance companies, with their vast resources and arsenal of lawyers. With our knowledge and expertise, we help protect the rights of all policyholders and fight to ensure they are treated fairly and in good faith.