San Francisco Injury Lawyer Blog

Can My Landlord Prohibit Having Marijuana in My Apartment?

August 9, 2017 | Gregory J. Brod

Various forms of marijuana are now legal in California. However, it is still heavily regulated and illegal based on federal law. This creates a great deal of gray area and questions. If you are a tenant, you may wonder how your right to possess, use, and grow cannabis can be affected by your lease. Does your landlord have the right to dictate that there is no marijuana on the premises? Or can you fully enjoy marijuana so long as you are obeying California law?

If you are having trouble with your landlord in relation to your marijuana use or possession, contact our San Francisco tenants’ rights attorneys at Brod Law Firm to learn more about your rights, limitations, and legal options to deal with your current situation.

When is Possessing Marijuana Legal in California?

Hazardous Chemical Spills in Port of Long Beach

August 7, 2017 | Gregory J. Brod

On August 6, a hazardous concentrated industrial solvent began leaking from a container vessel near Port of Long Beach. The solvent, propyl acetate, is used as a food flavoring and in fragrances, but is also a flammable liquid, according to the Long Beach Fire Department. In large or concentrated amounts, propyl acetate can harm the eyes, skin, and lungs.

The leak injured eleven shipyard workers and the response caused one firefighter to get hurt. All but one of the workers were treated at the scene for mild-to-moderate injuries while the other worker and firefighter were taken to a local hospital.

Hazardous Chemicals can Lead to Serious Injuries

Bus Driver Faces Criminal and Civil Consequences After Deadly Accident

August 4, 2017 | Gregory J. Brod

Following a deadly charter bus accident in August 2016, Merced County district attorneys have brought multiple charges against the driver, Mario David Vasquez. A law enforcement investigation uncovered Vasquez was overly tired, talking on his cell phone, and violating multiple commercial regulations at the time of the crash, which led to four fatalities. Due to the evidence of Vasquez’s negligent actions while behind the wheel, he has been charged with four counts of vehicular manslaughter and five misdemeanor traffic violations.

While Vasquez faces criminal charges, he and his employer, Auto Buses Coordinados USA, could also face civil wrongful death suits based on his actions. If the families of those lost in the charter bus crash can prove the driver’s negligence, they may be able to obtain compensation for their losses.

California’s Wrongful Death Law

San Diego Provides New Nursing Home Resource

August 2, 2017 | Gregory J. Brod

A new website, Choose Well, is trying to help families in San Diego find safe and quality nursing homes for their loved ones. After seniors lost their lives in negligent assisted-living facilities and a San Diego Union-Tribune investigation uncovered a significant amount of neglect and abuse in area nursing homes, San Diego County decided it was time to do something. This website is the city’s attempt to be more proactive about protecting seniors and helping their families make difficult choices like putting their elderly loved ones into nursing homes.

San Diego Union-Tribune Investigation

In 2013, an in-depth investigation by San Diego Union-Tribune found that at least 27 seniors had died in San Diego County facilities due to neglect in a five-year period. The investigation found substandard care, neglect, and abuse ran rampant because of poor state oversight and little-to-no public transparency. When residents die due to neglect or abuse, facilities might face an investigation and a minimal fine. However, in many cases, state authorities never investigated. In fact, the Union-Tribune found that in the five-year period, complaints of poor care rose 13%, yet the number of state penalties declined 30%.

California Residential Lease Terms and Provisions You Need to Understand

July 31, 2017 | Gregory J. Brod

Whether you are a first-time renter or are suddenly having trouble with your landlord, you need to make sure you have read and fully understand your lease. Your lease dictates most of the terms of your agreement. Some other aspects of your rental situation are dictated by state law. If you are looking to rent a place or feel you are being treated unfairly by your current landlord, then go to your lease first.

Some California lease provisions you must understand include:

Security deposit provisions: There could be one or more lease provisions regarding your security deposit. There should be information regarding about the amount, whether it will accrue interest, and when it can be withheld. This is also where state and local law comes in. You should carefully review what the lease says about security deposits and then compare it to your local law. Many city or county ordinances require that your deposit be kept in an interest bearing account and that you receive that interest each year.

Protect Your Elderly Loved Ones From the Heat This Summer

July 28, 2017 | Gregory J. Brod

Certain areas of the U.S., particularly the west coast and southwest, are known for their high temperatures. Temperatures can stay in the 90s and 100s for weeks or months at a time. Unfortunately, this excessive heat has already led to fatalities this year. Santa Clara County officials confirmed in June that two elderly residents passed away due to hyperthermia, which is the condition of the body’s internal temperature becoming too high and the body being unable to cool itself down.

Elderly individuals, meaning those over the age of 60, are particularly vulnerable to heat-related illnesses and death. As summer fully sets in and California experiences very high temperatures, it is crucial that individuals and facilities take extra precautions to protect seniors from the heat.

Elderly are Particularly Vulnerable to Heat-Related Illnesses and Death

California Professor and Philanthropist Dies in Small Plane Crash

July 28, 2017 | Gregory J. Brod

William Sachs Goldman, 38, passed away in July after his small personal aircraft crashed for an unknown reason. Goldman was an assistant professor of international studies at the University of San Francisco. He was the son of Richard Goldman and Susan Sachs Goldman, and the grandson of well-known philanthropists Richard N. and Rhoda Goldman, who established the Goldman Environmental Prize. As a member of a philanthropic family, Goldman and his wife were on numerous institution’s boards.

Small Plane Accident to be Investigated

Goldman was one of four passengers in the single-engine Cirrus SR22 plane, which crashed in a field in Schell Vista, southwest of Sonoma Skypark Airport. Goldman’s two minor children, George and Marie, and their caretaker, Valeria Anselmi, were the other passengers. They were all taken to local hospitals to treat their serious injuries.

When Your Landlord Can and Cannot Enter Your Apartment

July 26, 2017 | Gregory J. Brod

Once you rent an apartment, the unit is yours. You are entitled to a great deal of freedom and privacy within your apartment, with only specific limitations and exceptions. For instance, you are entitled to determine who comes in and out of your unit. You control your guests. Meanwhile, your landlord, despite being the unit’s owner, has lost his or her right to the unit. Your landlord cannot come and go from your unit as he or she pleases. However, your landlord may not explain that to you. Many California landlords try and take advantage of a tenant’s lack of knowledge to snoop around or harass tenants and their guests.

When Your Landlord can Enter Your Apartment

For your landlord to be able to come into your apartment, there must either be a valid, lawful reason or you have to give your consent. Your landlord has the right to enter your unit without your permission only if:

Is Your Loved One’s Nursing Home Prepared for Dementia or Alzheimer’s Patients?

July 24, 2017 | Gregory J. Brod

In July, Gary Lee Potts, 62, was arrested for his part in the 2014 death of Mauricio Edgar Cardenas, 65, who was an elderly nursing home resident with dementia at The Manse on Marsh. Potts, the owner of the facility, and another former facility administrator, Christopher E. Skiff, have been accused of elder and dependent abuse and involuntary manslaughter based on the care they and their facility failed to give to the elderly man.

If you believe your elderly loved one is not receiving the care he or she is entitled to at a nursing home, or you think that negligent care caused your relative’s death, contact our San Francisco elder neglect and abuse attorneys at Brod Law Firm right away. It can be difficult to investigate nursing home care. However, we are well-versed in these matters and will fight to get to the bottom of what has happened to your loved one.

Nursing Home Owner and Employee Charged With Manslaughter

Three Individuals Hit by Vehicle While Crossing the Street in Oakland

July 21, 2017 | Gregory J. Brod

Two young women and a 5-year-old boy were struck by a vehicle while walking in an Oakland crosswalk in mid-July. A surveillance video at a nearby restaurant recorded the accident that took place at the intersection of Fruitvale and Brookdale. The three entered the marked crosswalk while walking home from the bus. They noticed the vehicle, yet have stated that they thought it was far enough away that they assumed it would stop. The vehicle did not stop and directly struck the three pedestrians. The two women were thrown into the air and the toddler was dragged under the car.

Each individual survived, but is suffering from significant injuries. One of the young women has a broken pelvis and fractured leg. The other suffered chest injuries and broken ribs. The young boy is now paralyzed due to a spinal cord injury and may be in the hospital for a considerable length of time.

A Dangerous Oakland Intersection