San Francisco Injury Lawyer Blog

Three Killed by Gunman at San Francisco UPS Facility

June 23, 2017 | Gregory J. Brod

On Wednesday, June 14, a gunman opened fire in a United Parcel Service facility in San Francisco, killing three people and wounding two others before he killed himself. The shooter has been described as a UPS driver and was dressed in a company uniform at the time. Unfortunately, violence is committed by unhappy workers all too often. This violence leads to unnecessary injuries and fatalities that other workers and their families are left to deal with. In situations like these, the wounded employees and their families may have the right to pursue workers’ compensation claims with their employers and personal injury or wrongful death suits against the deceased gunman’s estate.

Filing a Lawsuit Against the Offender’s Estate

When an accident or violent act leads to the death of the at-fault party, the victims of the incident may worry that they can no longer recover the compensation they deserve. For instance, the individuals wounded in the San Francisco UPS shooting may worry about gaining compensation for their physical, emotional, and financial injuries. The families of those who were killed in such an incident may now wonder whether they can pursue a wrongful death claim and gain compensation for their injuries. The answer is yes, it is possible. California allows individuals injured by carelessness, recklessness, and intentional misconduct to pursue compensation from the at-fault party’s estate.

Your Rights to Have Appliances Repaired or Replaced

June 21, 2017 | Gregory J. Brod

When you move into your apartment, a number of appliances may already be there, like a refrigerator, stove and oven, microwave, dishwasher, air conditioning unit, and washer and dryer. You assume you are responsible for the daily care of these appliances, but what about when they break? Is it up to you to get a broken appliance repaired? If the issue cannot be fixed, who replaces it? In some situations, your landlord should repair or replace an appliance for you. However, this is not always the case.

Does Your Landlord Have to Repair or Replace an Appliance?

The first question is whether the landlord is required to provide that appliance by state law, local ordinance, or the lease. California law does not require landlords to provide appliances. It is unexpected to see an apartment without the basics like a refrigerator and stove. However, renting a unit without them is not unlawful.

California Appellate Court Expands Reading of California Elder Abuse Law

June 19, 2017 | Gregory J. Brod

The First District Court of Appeal in California found the state’s Elder Abuse and Dependent Adult Civil Protection Act should be interpreted broadly. In Mahan v. Charles E. Chan Insurance Agency, Inc., the court determined that the Act covers claims arising from bad faith insurance sales practices. Despite the elderly plaintiffs not paying for the insurance policy directly, the court determined that they suffered a unique injury. This decision is likely to be important down the road as more financial elder abuse claims come to light, and individuals and their loved ones strive to protect their interests and punish those who attempt to take advantage. If you believe this decision may affect your civil claim regarding financial elder abuse, contact an experienced San Francisco elder neglect and abuse attorney from Brod Law Firm today.

Mahan v. Charles E. Chan Insurance Agency, Inc.

In the 1990s, Fred and Martha purchased life insurance policies that were held in a revocable living trust for the benefit of their kids. The trust was self-sustaining so that it could continue to pay the insurance policies’ premiums without the couple paying more money into the trust themselves. In 2013, when Fred was suffering from cognitive decline and confusion, and Martha had been diagnosed with Alzheimer’s disease, the defendants altered the couple’s policies through unfair practices.

California Motorcycle Deaths Highlight Need for Road Safety

June 16, 2017 | Gregory J. Brod

A motorcycle driver passed away Monday, June 12 after colliding with a barrier on U.S. Highway 101 in San Francisco. The accident happened around noon near the Ninth Street off ramp after the rider failed to maneuver through a curve on the road, leading to her immediate death. It also blocked off multiple lanes of the highway for appropriately two hours.

This tragic accident highlights the need for caution and a focus on road safety for both motorcyclists and other drivers. Individuals injured in multi-vehicle or motorcycle accidents may have to seek compensation through personal injury claims. For those who lose loved ones in motorcycle crashes, wrongful death claims may be appropriate and necessary. To learn more about your rights after a motorcycle crash, contact the San Francisco personal injury attorneys of Brod Law Firm right away.

Motorcycle Accident Statistics

Santa Monica Rent Control Board Announces $40 Adjustment Cap

June 14, 2017 | Gregory J. Brod

In June, the City of Santa Monica’s Rent Control Board announced its 2017 general adjustment (GA) cap. This year, landlords cannot raise rent for rent controlled units by more than 2%, with a maximum increase of $40. This applies to all maximum allowable rents of $1,975 or higher.

The Rent Control Board sets the yearly GA based on 75% of the annual change in the Consumer Price Index for the greater Los Angeles Area, which was 2.7%. The Board announced the 2% GA back in May, yet the Board voted to implement the $40 cap in July over concern about rising rents.

When Santa Monica’s GA May go into Effect

Choosing the Right Care Facility for Your Elderly Parent

June 12, 2017 | Gregory J. Brod

There may come a time when you have to put mom or dad, or grandma or grandpa, into a care facility. It is never your first choice, yet it is often the best one. Your elderly loved ones may need more physical support, supervision, and medical care than you are capable of giving them. By letting your loved one continue to live at home or with you, you are actually doing him or her a disservice and increasing the risk of negative health effects or early death. However, there are a number of practical questions that arise after you have decided a facility is best for your loved one, including:

What are his or her needs?
What care facilities are available and how do they differ?

Maker of Tylenol Agrees to $33 Settlement for Contaminated Products

June 9, 2017 | Gregory J. Brod

Drug manufacturer Johnson & Johnson agreed to a $33 million settlement with the federal government and 42 states after it was alleged that its subsidiaries failed to maintain quality control standards and produced defective products over a two-year period. The defective over-the-counter medications include: Tylenol, Motrin, St. Joseph Aspirin, Benadryl, Sudafed, Zyrtec and Zyrtec Eye Drops, Rolaids, Pepcid, and Mylanta. It was alleged that these products had musty odors, contained unwanted particles and bacteria, and did not dissolve properly. This put products with improper labels on the market and put consumers at risk.

More on the Settlement

Under the settlement agreement, the responsible subsidiaries, McNeil-PPC and McNeil Consumer Health Care, agree to not unlawfully promote OTC medications. They will uphold internal standards and federal regulations, including taking preventative and corrective actions when manufacturing OTC drugs. The businesses will not represent online that their manufacturing facilities meet Good Manufacturing Practices if they instigated a recall of an OTC drug product within the previous 12 months. If a recall occurs, they will promptly respond to all written requests from attorneys general seeking information to identify wholesalers and warehouses of the affected drugs.

Ghost Ship Warehouse Tenants Arrested and Charged with Crime After Deadly Fire

June 7, 2017 | Gregory J. Brod

In October of 2016, a fire broke out in a warehouse in Oakland, California. The warehouse, known as Ghost Ship, had been converted into an artist collective and was illegally home to numerous people. At the time of the fire, the warehouse was hosting a concert with about 50 guests. 36 people were killed. Now, two tenants of the warehouse have been arrested and charged with crimes in relation to the fire.

The Ghost Ship Warehouse Fire

Investigators could not determine the exact cause of the fire, which began on the first floor at around 11:20 p.m., however it is speculated that it may have begun with an electrical appliance. Investigators could pinpoint numerous factors that led to the significant number of fatalities. The warehouse did not have smoke detectors or any fire suppression system, like sprinklers. There were only two stairways in the warehouse and neither led to a direct exit out of the building. One of the stairways was built from stacked wooden pallets, which meant it likely began to burn while visitors and residents were attempting to escape. Additionally, because the dwellings within the warehouse were homemade out of random materials and were not organized with straight hallways, it was difficult for visitors to navigate the warehouse and find an exit.

Two Individuals Charged With Kidnapping and Elder Abuse

June 5, 2017 | Gregory J. Brod

Cheryl and Eric Mills were arrested for kidnapping and elder abuse after suddenly removing an elderly relative from a care facility without permission. Police found the Mills and the elderly individual 90 miles away from the care home in Stockton. The 88-year-old victim was not harmed during the incident, but the individual has continuous health concerns and is unable to give consent, according to a detective on the case. Neither of the Mills had permission to remove the individual from the facility and did not have the capability to care for the elderly person as was necessary.

Civil Liability for Elder Abuse

When an elderly individual is abused by a relative, caretaker, or other person and suffers physical, psychological, or financial injuries, he or she has the right to pursue compensation through a personal injury claim. Any person who harms an elderly person can be held civilly liable in court for the economic and non-economic damages associated with the abuse. For instance, if the Mills had harmed their elderly relative during this incident, the individual would have had a cause of action against them.

Uber Customers Blame Negligent Uber Drivers for Injuries

June 2, 2017 | Gregory J. Brod

On March 13, 2016, Robert and Ruth Robinson requested an Uber through the phone app. They were picked up by driver Baher Tamim. The Robinson’s allege that Tamim’s negligence caused his vehicle to crash into another car that was stopped at a red light near Post Street in San Francisco. In a lawsuit filed in April against Uber, its wholly owned subsidiary Rasier LLC, and Tamim, the Robinsons cliam that the driver’s negligence behind the wheel caused them injuries.

Ride-sharing services like Uber have become extremely popular around the country. They can be incredibly convenient and can increase safety on the roads by ensuring that overly tired or inebriated individuals do not drive. However, ride-sharing drivers are normal individuals. They are not trained or expert drivers, and they can be careless, reckless, and intentionally harmful when driving. When this behavior causes an accident and results in their passengers becoming injured, the drivers and the ride-sharing companies face civil liability.

If you were injured in an accident caused by your ride-sharing service driver’s negligence, contact an experienced San Francisco personal injury attorney from Brod Law Firm. Uber and other services carry insurance plans, but you may need help filing a successful insurance claim or representation for a personal injury suit.