San Francisco Injury Lawyer Blog

How the Elderly Can Avoid the Grandparent Scam

May 8, 2017 | Gregory J. Brod

If you are a devoted grandparent or your elderly mom or dad dotes on your kids, you need to be aware of how this love and affection can be manipulated. Over the years, more and more elderly people have been targeted by what is known as a grandparent scam. In this situation, someone poses as a grandchild to fraudulently obtain money from the elderly person. This ruse can go on for months and cost elderly grandparents hundreds or thousands of dollars, seriously putting their finances at risk. Once the fraud is discovered, there is often little the elderly individual can do to recover. By learning more about this scam and educating your elderly loved ones, you can avoid being the victim of financial elder abuse.

How the Grandparent Scam Works

An individual posing as a grand- or great-grandchild phone, emails, or writes to an elderly person. This individual says they are in some sort of trouble, maybe they were arrested and they need bail or despite working hard, their bills have gotten away from them. Whatever the story, this individual may spin a tale that makes them look in need, yet not at fault for their circumstances. After their sad story is complete, they imply that they could use some help. They may be sold bold as to imply or outright state that if grandma or grandpa sent them some money, they could get themselves back on track. Many elderly grandparents are so distraught to hear their grandkids are in trouble, they are willing to do whatever they can to help. They do not think twice about checking with other family members about their supposed grandchild’s story. Ultimately, grandma or grandpa may end up mailing a check, giving over their credit card or banking information, or purchasing and sending store gift cards.

Dementia Puts the Elderly at Risk for Abuse and Neglect

May 5, 2017 | Gregory J. Brod

Many of us have become familiar with dementia because we may have witnessed its effect first hand in a parent or grandparent. The condition, which is both chronic and progressive, affects about 47 million people worldwide. Millions of those individuals are right here in the U.S. and in California. Dementia affects all aspects of an individual’s life, from memory, the ability to think clearly, and the ability to live independently and perform everyday tasks. While many elderly people can initially live alone or with a spouse in the early stages of dementia, the disease usually progresses to the point of the individual requiring constant in-home care or to live in a nursing home. It is at this time that the elderly become vulnerable to abuse and neglect.

Rates of Dementia in the U.S.

As the Baby Boomer generation ages, many in the medical and public health professions worry that the rate of dementia will skyrocket. However, it looks like dementia rates in the U.S. are actually falling. A study by researchers at the University of Michigan, Ann Arbor, observed 21,000 U.S. adults over the age of 65 between 2000 and 2012. The study uncovered that the rate of dementia decreased 24% during this time period. It was 11.6% in 2000 and 8.8% in 2012. In 2000, the average age at diagnosis was 80.7 years and by 2012, the average age rose to 82.4 years.

The Bay Area Experienced a Deadly May Day

May 3, 2017 | Gregory J. Brod

On May 1, the San Francisco Bay Area experienced at least three fatal traffic accidents between midnight and 5 in the morning. The first accident took place on Highway 880 in San Leandro, just south of Marina Boulevard. Two vehicles were part of the initial collision, though a total of four vehicles were involved. The driver of one vehicle died at the scene while another driver was taken to the hospital with major injuries. The other motorists were uninjured.

The second incident was on Highway 101 in San Francisco. A pedestrian walking within a crosswalk was hit by a motorist who lost control of his vehicle. Initial reports are that the motorist left the scene but later reported hitting the pedestrian through 911 and has been interviewed by investigators. There is no evidence that the driver was intoxicated at the time and no arrest has been made.

The third accident was also on Highway 880, but this time in Oakland. Three vehicles were involved in the crash and one of the vehicles caught on fire. Two individuals were killed, a 34-year-old man and a 4-year-old girl who was not properly restrained in a child safety seat. An initial statement by the California Highway Patrol said one of the diver’s may face charges for the unrestrained child’s death. Other passengers, including a 2-year-old girl, were hospitalized.

Your Right to an Infestation-Free Apartment

May 1, 2017 | Gregory J. Brod

As a tenant, you have a right to live in an apartment or house that is free from rodents, insects, and other vermin. You are not required to live within an apartment overrun by mice that are eating and dirtying your food or covered in bed bugs that are biting you day and night. Through the implied warranty of habitability and local and state laws, your landlord is required to get rid of infestations within your unit or the common areas of an apartment building. If your landlord does not uphold his or her duty, you may have the right to move out or hold your landlord financially responsible for fixing the problem. However, you should not do anything yourself without understanding your rights and the potential consequences. Speak with a San Francisco tenant rights attorney from Brod Law Firm first.

The Implied Warranty of Habitability

The implied warranty of habitability is an automatic promise you receive as a tenant that the premises you rent are safe and appropriate to live in. This is not a promise you receive in writing with your lease. It is an obligation dictated by law. It gives you the right to a habitable place to live and requires the landlord to keep the unit up to a certain standard.

Big Rig Crash on Highway 160 Leads to Fire, Closes Bridge

April 28, 2017 | Gregory J. Brod

On April 24, two semi-trucks were involved in a serious crash on Highway 160, leading to a fire. The southbound truck appears to have crossed into the northbound lane on the highway, sideswiping the oncoming truck on the driver’s side. The southbound truck then went down an embankment on the side of the road and caught fire. Its truck driver may have been thrown from the vehicle and suffered serious burns. He was transported by helicopter to a Sacramento-area hospital. The northbound truck was also damaged by fire though its driver only suffered minor injuries. The crash led to a portion of the highway and Antioch Bridge being closed for a numerous hours.

Burn Injuries From Car Crashes

Vehicle accidents are one of the ways that individuals suffer burn injuries. When a single vehicle hits an object or two or more vehicles collide, a great deal of fuel, oil, and other liquids are at risk of being ignited. It only takes one small spark, possibly from a short circuit or overly hot equipment, to hit combustible gasoline or oil. This can lead to an explosion or a fire that can spread throughout the accident quickly. Fires within vehicles can move quickly due to the flammable upholstery, padding, and carpet. In 2014, there were 3,275 fire or smoke inhalation deaths in the U.S., which included 310 fatalities from vehicle crash fires. There were many more fire or smoke inhalation injuries due to vehicle crash fires.

San Jose Moves to Protect Tenants

April 26, 2017 | Gregory J. Brod

San Jose took a momentous step forward in April when it passed two regulations to create stricter eviction rules and protect the city’s tenants. The Tenant Protection Ordinance and Ellis Act Ordinance both passed with six votes in favor and five votes against, only narrowly making it through after hours of public comments and council discussion. The new regulations set an important precedent as tenants all over California worry about being evicted so landlords can charge newer tenants more rent.

The Tenant Protection Ordinance

Under the new Tenant Protection Ordinance, landlords must give tenants a “just cause” for the eviction. This includes evicting tenants for not paying rent, breaking one or more provisions within their leases, causing damage to the unit, having unauthorized subtenants, or being a nuisance with their behavior. In fact, the law lays out a dozen different just cause evictions. While landlords state that this places an undue burden on them and makes it difficult to get rid of problem tenants, the law offers landlords sufficient reasons to evict tenants who do not follow the terms of the lease or create problems within the building.

Fighting Elderly Isolation Can Help Reduce Neglect and Abuse

April 24, 2017 | Gregory J. Brod

Elderly individuals in California often become isolated over time. As family members and friends pass away, become less mobile, or move away, older individuals may find themselves living alone with few, if any, people to interact with. This isolation can lead to significant mental and physical ailments and puts individuals at risk for neglect and abuse by caretakers and financial scams. Fighting elderly isolation is essential in improving older individual’s health as well as protecting them from neglect and abuse.

Many of California’s Elderly Live in Isolation

It is not simply that we think elderly individuals are more likely to suffer mental health issues or additional physical medical problems, it is a statistical fact. Research conducted by the University of California, San Francisco, found that 18% of seniors in the state live alone and 43% reported feeling lonely on a regular basis. The same study found older individuals who reported feeling lonely had an increased risk of death by 45% and isolated elderly had a 59% higher risk of mental and physical decline compared to more social older individuals. Physicians across the state regularly witness the negative effects of isolation, which greatly contribute to an early death.

San Francisco’s Board of Supervisors Tries to Fight Wrongful Evictions With Proposed Legislation

April 21, 2017 | Gregory J. Brod

In early April, the Board of Supervisors introduced two new pieces of legislations both aimed at making it more difficult for landlords to wrongfully evict tenants. The legislation, introduced by Supervisor Mark Farrell and Supervisors Aaron Peskin and Jane Kim, was drafted after an NBC Bay Area Investigation found landlords were fraudulently claiming landlord move-ins to evict tenants. It is legal for landlords to evict tenants so that they or one of their family members can move into a unit. However, NBC found there is little oversight to this process and many landlords are lying to get old tenants out and new tenants willing to pay much higher prices in.

The NBC Bay Area Investigation

NBC investigators knocked on doors throughout San Francisco to survey residents in addresses that were listed as having an owner-move-in eviction. They were able to survey residents at more than 100 addresses and found 24 instances in which neither the landlord nor a family member was currently living in the unit. This meant that nearly one in four evictions may have been unlawful.

Crash in Robin Williams Tunnel Involves Seven Vehicles

April 19, 2017 | Gregory J. Brod

A seven-vehicle crash inside Robin Williams tunnel, a busy commuter route between the North Bay and San Francisco, backed up commuter traffic to Marin on April 18. The accident occurred shortly before 8:30 a.m. and involved a collision between a Ford SUV, a BMW, a motorcycle, and multiple other vehicles. It is unknown why the collision occurred at this time. At least one person was reported injured and emergency medical personnel responded to the scene. No fatalities have been reported and the accident remains under investigation.

This size of a crash inside the busy tunnel is a strong reminder to commuters regarding safety in heavy traffic and enclosed spaces. If you were injured in a similar accident, do not hesitate to reach out to the San Francisco personal injury lawyers of Brod Law Firm. We can review your situation and advise you on the best way to seek compensation for your injuries.

Driving Safely Through Tunnels

Three Sonoma County Contractors Face Multiple Charges Including Elder Abuse

April 17, 2017 | Gregory J. Brod

Three Sonoma County contractors are facing up to 50 felony and misdemeanor charges after an investigation led by the California Contractors State License Board found they were scamming customers. Some of the charges include grand theft, burglary, diversion of construction funds, conspiracy, and elder abuse.

Contractors Took Advantage of Clients

Tony Joseph Goodwin and Samuel Williams of Goodwin Millworks are accused of taking advantage of private consumers and non-profit organizations that house citizens with developmental disabilities. They are accused of unlawfully obtaining about $566,000 from their victims. The non-profits paid more than $460,000 for work on two different homes, which were abandoned by the contractors. They then had to pay an additional $685,000 to another contractor to complete the unfinished work.