San Francisco Injury Lawyer Blog

What Kim Kardashian Can Teach Personal Injury Victims About Social Media Use

October 9, 2016 | Gregory J. Brod

This week celebrity Kim Kardashian was allegedly the victim of an armed robbery while she was attending Paris Fashion Week in France. Although the investigation into the alleged robbery is ongoing, some journalists and others speculate that Kim Kardashian’s prolific social media use, especially her practice of publicizing her whereabouts and posting pictures of her extravagant jewelry, helped contribute in some way to the robbery.

Lessons Learned from Kim Kardashian’s Social Media Use

Personal injury victims claiming they suffered an injury or other harm at the hands of another and who file a lawsuit seeking compensation are in a vulnerable position. While their case is pending and even (in some cases) after their case has concluded, their statements and behaviors can be the subject of great scrutiny by attorneys for the allegedly-negligent defendant who is seeking to minimize liability to the victim.

San Francisco Injury Lawyer Comments on the Zika Virus and Workplace Injuries

October 7, 2016 | Gregory J. Brod

The Zika virus is an unusual, harmful disease that first broke out in South America and has now spread into the United States. There have been reports of the Zika virus in every state (except for Alaska). Some of these states that have seen more than 100 confirmed cases of the mosquito-borne Zika virus, including Florida, New York, Texas, and (yes) California. According to the Centers for Disease Control and Prevention, approximately 800 pregnant women in the United States are believed to have the Zika virus. Most people who have heard of the Zika virus know that it can be transmitted through mosquitos and has been linked to microcephaly and Guillain-Barré syndrome in children.

Who is Responsible if I am Infected with Zika?

When we become ill, such as when we catch a cold or are stricken by the flu, we do not usually consider who is legally responsible for making us ill. In many cases, we conclude that we caught whatever illness we have because of being in proximity to an ill child or a sick coworker. Under California’s worker’s compensation law, though, becoming ill while “on the job” entitles you to worker’s compensation benefits. Supposing you were an arborist or groundskeeper and, while working, you were bitten by a mosquito and thereafter contracted the Zika virus, your medical expenses and lost wages would likely be covered under the state’s worker’s compensation laws.

Changing Venue in a Personal Injury Case

October 3, 2016 | Gregory J. Brod

A woman who was allegedly struck by a player on the University of Oklahoma’s football team recently resisted a motion by the defendant’s legal team to change the venue of the proceeding from federal court in California to Oklahoma. In arguing against the transfer, the plaintiff claimed that she could not be assured of a fair trial in Oklahoma since Oklahomans are (at least according to the plaintiff) fiercely loyal to the Sooner football program. The defendant and his attorneys countered with several reasons why the case should be moved to Oklahoma City federal court, including:

There is no evidence to support the plaintiff’s claims of juror bias;
Oklahoma law would apply and a court sitting in Oklahoma would be more familiar with this body of law;

Your Oakland Personal Injury Attorney and Where the Jeep Grand Cherokee AEB Investigation Stands

October 1, 2016 | Gregory J. Brod

There have been a plethora of car-related recalls and warnings issued in recent years, with many of them uncovering serious and/or fatal defects and resulting in hundreds of thousands – even millions – of vehicles being taken off of the roads for repairs. After a 15-month investigation, the National Highway Traffic Safety Administration (NHTSA) has concluded that the automatic emergency braking (AEB) system in 2014 and 2015 model-year Jeep Grand Cherokees do not show any signs of defects. The investigation was launched in June 2015 after several drivers reported the AEB system engaged without a reason for doing so. However, NHTSA concluded this week that no defect existed in the AEB system in the vehicles examined.

An automatic emergency braking system is one in which sensors mounted on the car detect if a forward collision is imminent and automatically engages the brakes of the car if the driver fails to do so. Even where a collision is not avoided, AEBs can reduce the severity of a crash.

Allegations of a Defective AEB System Trigger Investigation

Hollywood Actor Named as Defendant in Wrongful Death Lawsuit

September 28, 2016 | Gregory J. Brod

Famous actor and comedian Jim Carrey was named as the defendant in a wrongful death lawsuit filed by the estranged husband of Cathriona White. Ms. White and Mr. Carrey were involved in a dating relationship despite the fact that Ms. White was still married to her husband at the time. Ms. White committed suicide in 2015 by overdosing on several prescription medications. Now, Ms. White’s husband Mark Burton is claiming is claiming Carrey should pay compensation for causing and/or contributing to Ms. White’s death.

California Wrongful Death Lawsuits

The typical personal injury plaintiff prevails in his or her personal injury lawsuit if he or she can prove, by a preponderance of the evidence (that is, more likely than not) that the defendant named in the suit acted in an irresponsible or careless manner and that this behavior caused the injured plaintiff’s losses and injuries. Wrongful death lawsuits in California are similar in that the plaintiff alleges the named defendant’s careless or (sometimes) intentional acts caused a person’s death. The main difference between a personal injury lawsuit and a wrongful death lawsuit is the identity of the plaintiff: Whereas the injury victim him- or herself is the plaintiff in a personal injury lawsuit, the plaintiff in a wrongful death lawsuit is usually the spouse, partner, or child of the decedent.

California Toxic Tort Attorney Discusses Finding of New Water Quality Report and Challenges of Toxic Tort Cases

September 26, 2016 | Gregory J. Brod

A carcinogenic chemical discovered in the water supply of Hinkley, California almost thirty years ago is now turning up in increased concentrations elsewhere in the United States. The chemical at issue is known as chromium-6 – the same chemical compound that legal clerk Erin Brockovich famously discovered in her hometown’s water supply – and it is present at potentially unsafe levels in the drinking water of approximately 218 million people. The report was completed by the Environmental Working Group and was released last week and found that Los Angeles’s water supply (along with Phoenix, Arizona, St. Louis, Missouri, and Houston, Texas) had some of the highest levels of chromium-6 in the nation.

What is Chromium-6 and What are its Risks?

Chromium-6 is a heavy metal that is used in the steel-making process as well as energy production. The Environmental Protection Agency classifies it as an “emerging contaminant.” This requires utility companies to monitor for the presence of chromium-6 but the utility company is not required to limit the metal’s presence to a specific amount. This despite the conclusion of the National Toxicology Program that chromium-6 was a “known human carcinogen” and the Agency for Toxic Substances and Disease Registry’s conclusion that chromium-6 to be associated with cancers of the respiratory system and/or gastrointestinal system.

California Landlord-Tenant Attorney Discusses New Protections for California Renters

September 23, 2016 | Gregory J. Brod

Finding rental housing in California is not always an easy task. In some neighborhoods, there may be no rentals available for individuals who need housing but do not have friends or family to call upon and who are unable to qualify for a mortgage. In other neighborhoods, rentals may be available but may be priced so high that individuals and/or families cannot afford them. Another circumstance that can make it difficult to find housing is being placed on a “blacklist” – a privately-created list of those tenants and renters who have had an eviction notice filed against them. Being on this tenant blacklist can (for some) mean the difference between securing that perfect rental and the landlord choosing to rent the unit to another tenant.

Gov. Brown Signs A.B. 2819

This week California Governor Jerry Brown signed A.B. 2819 into law, thereby granting protections to California renters against being wrongfully placed on tenant blacklists. Under the previous legal scheme, a landlord could file an eviction notice against a tenant under certain circumstances. Once that notice was served, an eviction lawsuit might thereafter be initiated. If the lawsuit was not resolved within 60 days of filing, the tenant’s name would be added to the blacklist automatically. The tenant’s name would remain on the blacklist even if the tenant were to win his or her eviction lawsuit. This could result in the tenant’s credit and ability to rent other housing being negatively impacted for years.

Beware of Bed Bugs Lurking in Motorized Carts, Says California Bed Bug Lawyer

September 22, 2016 | Gregory J. Brod

A husband and wife visiting a Phoenix Wal-Mart store found more than they were looking for: bed bugs. The problem began when the husband (who had an injury to his toe) sat down in one of the store’s motorized carts that are made available for guests with mobility challenges. As the couple shopped, the husband began to complain of his back itching. When the man stopped by the restroom and got up from the cart, the couple noticed that the seat of the cart where the man was sitting was infested with bed bugs and that the man’s back was covered in bites. The company indicated it took prompt action upon learning of the infestation, including removing the vinyl covers from its motorized carts for cleaning.

Retail Stores’ Liability for Bed Bug Infestations

Although many individuals associate bed bug infestations with mattresses and bedding materials for obvious reasons, bed bugs can be found in other locations and materials as well. It is not just homes, apartments, and hotels that need to worry about bed bug infestations. Bed bugs have been found inside books, behind wallpaper, and even in hospitals and laundromats. While finding bed bugs inside the seat of a motorized cart at a retail establishment may be unsettling, it is certainly not out of the ordinary.

San Francisco Personal Injury Lawyer Discusses the Importance of Suing the Right Defendant

September 21, 2016 | Gregory J. Brod

Some may believe that lawsuits are won or lost based on complex legal arguments or shrewd strategy. However, as recently illustrated in a California employment dispute, sometimes the outcome of a lawsuit depends on the basics, like making sure the lawsuit is filed against the proper defendant. In a recent California case, an aggrieved employee brought suit against his employer, whom he named in the lawsuit. The employer was able to obtain a dismissal in their favor because the employee had improperly identified his actual employer (the case is presently being appealed).

Who is the Defendant?

In any California personal injury lawsuit, the “defendant” is the individual or entity alleged to have caused the victim’s injuries through negligent or reckless conduct. One of the first things you will do with your personal injury lawsuit is to name the defendant and serve a copy of your complaint or petition on the defendant you name. But just because you name a certain person or entity as a defendant does not mean that he or she is obligated to litigate the matter on the merits. In the recent case, for example, the employee’s lawsuit was dismissed before the merits of the case were litigated because the type of lawsuit filed by the employee could only be brought against the employee’s legal employer. Because the defendant named by the employee was determined not to be the employee’s legal employer, the defendant was not obligated to litigate the matter on the merits.

California Personal Injury Lawyer Discusses Traumatic Brain Injuries in Children

September 16, 2016 | Gregory J. Brod

A star Southern California high school football player was hospitalized for a head injury after colliding helmet-to-helmet with another player during a game. While there has been increased concern shown toward these types of injuries in recent years – especially those that occur to children – head injuries, concussions, and traumatic brain injuries continue to occur, seemingly unabated by attempts to limit their occurrences and reduce their severity. This is unfortunate, because head injuries can cause serious, permanent harm to young and old alike.

What are Traumatic Brain Injuries (TBIs)?

As its name implies, a traumatic brain injury is an injury that impacts the brain of the injury victim. Traumatic brain injuries can be classified as mild, moderate, or severe, depending on the severity of the injury itself. As one might expect, mild traumatic brain injuries generally do not result in serious or permanent consequences whereas the impact of a severe traumatic brain injury can be disabling and permanent. The most common ways in which a traumatic brain injury can be inflicted include: