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One of the advantages of living in a city is the plethora of transportation options available, a stark contrast to many rural or suburban areas where driving is often the only realistic option.  Many visitors and residents of the Bay Area rely on San Francisco’s Municipal Railway (“Muni”).  Unfortunately, Muni accidents involving bicyclists and other non-passengers are an under-recognized danger.  As a San Francisco Muni Lawyer, Attorney Greg Brod fights for people injured by Muni vehicles, bringing an understanding of the unique factual and legal contours of these cases to each representation.

Fatal Muni Bicycle Accident in San Francisco on Sunday

bikeghost2A Muni accident left a bicyclist dead on Sunday afternoon.  CBS’s San Francisco affiliate reports that a 48-year-old cyclist fell between two Muni buses travelling on the 500 block of Market Street shortly before 3:30 PM.  The rider ended up pinned underneath a tire of one of the buses and died as a result of his injuries.  A police spokeswoman indicated that officers will review surveillance videos and speak to witnesses in order to determine what happened and who was at fault.  Muni officials said the bus driver involved in the crash will be tested for drugs and alcohol and Muni will cooperate in the police investigation.  In a separate event, a female rider suffered serious but not life-threatening injuries when she was struck by a truck at 4:01 PM near the intersection of The Embarcadero and Chestnut.

Last week, we wrote about civil claims for recreational and sports injuries in California, including injuries arising during everything from extreme sports to recreational youth teams.  Today, we focus on the two most common defenses in these cases and how our San Francisco/Oakland recreational injury lawyer overcomes them.  Specifically, we look at waivers and the doctrine of assumption of risk in the context of sports injuries and other recreational injury cases.

Express Waivers: They Can Be Overcome

Express waivers are often Defendants’ Exhibit One in recreational injury cases.  Waivers take many forms, including agreements signed by parents enrolling children in youth sports, releases signed by participants in grueling obstacle course races, and even waivers printed on the back of ski lift tickets.  Many people do not even pursue an injury claim because they assume a waiver precludes all legal claim.  This is a mistake.

The days of “PB&J” as a school lunch staple are gone in many areas.  Policies limiting the presence of peanuts are just one result of a startling rise in food allergies.  For many sufferers, food allergies go far beyond a tingly mouth or upset stomach.  Food allergies can be deadly making accurate labeling and attention to detail throughout the food industry incredibly important.  Food allergy litigation is a developing field and our San Francisco food allergy lawyer is prepared to advocate for people and families who have faced a serious allergic reaction because of inaccurate labeling, careless food preparation, or other negligent food handling and/or preparation practices.

Massive Cheerios Recall Due to Presence of Allergen

This week, perhaps the biggest name in cereal went from the shelves to the headlines as General Mills recalled 1.8 million boxes of regular and Honey Nut Cheerios.  NBC Bay Area reports that the recalled cereal, which was produced in July at a Lodi, California facility, is labelled “gluten-free” but contains wheat.  General Mills says wheat flour, which contains gluten, was inadvertently used instead of gluten-free oat flour.  Consuming gluten can cause an allergic reaction or discomfort for people with celiac disease, wheat allergies, or other health issues.  General Mills is pulling affected cereals from stores and warehouses.  Customers who purchased the affected cereals and are unable to eat wheat can contact General Mills for a replacement or a refund.

Wheelchair users, whether using an assistive device for a short period or long-term, can face numerous obstacles in daily living.  Access has certainly improved in recent decades, but it remains a real problem even in a progressive state like California.  Even more important, however, is the issue of safety.  Car accidents involving wheelchairs are a real threat and we must hold drivers responsible for endangering wheelchair users just as we would drivers who endanger pedestrians on foot.  As a San Francisco wheelchair users’ law firm, we understand how much these cases mean for the individual involved, for the greater community of individuals with disabilities, and for everyone who recognizes that all of us are unique and we all deserve to be able to travel safely regardless of our physical characteristics.

Wheelchair User Critically Injured in Hit-and-Run

On Saturday, according to the San Francisco Chronicle, a traffic accident critically injured a 72-year-old man who was using a wheelchair at the time of the crash.  Witnesses called police to the intersection of Alhambra Avenue and Virginia Hills Drive in Martinez around 4:15 PM Saturday reporting that a driver had hit a pedestrian and then fled the scene.  Upon arrival, officers found the victim lying in the roadway.  The injured man was taken to a Walnut Creek hospital and reportedly in critical but stable condition as of Saturday night.  Police located the woman they believe was the driver a short distance from the scene and placed her under arrest.

Yes, this is a post about extreme sports and if you’ve arrived at our blog looking for information about extreme sports injuries and California law, you’ll find that.  However, this post is also relevant to those who prefer simpler thrills.  The California injury law principles we discuss in today’s blog entry apply when a person is injured in any type of recreational activity from cliff-diving to Pee-Wee soccer.  Developed over many decades, these principles even apply to newly popular activities like the fast-growing arena of adult obstacle course races.  In this first of two parts, our San Francisco sports injury law firm looks at civil claims that can arise as a result of recreational injuries.  Next week, we will continue with a look at some of the most common defenses to these claims and how those defenses can be overcome.

Famed Extreme Athlete Dies in Skydiving Accident

A stunt display planned as part of the kickoff to a golf tournament in Squaw Valley took a tragic turn on Monday.  The Press Democrat reports that while two other skydivers landed safely on the greens 39-year-old extreme athlete Erik Roner fell hard and crash landed into a tree.  Roner’s parachute became tangled, leaving him dangling some 25 to 30 feet above ground.  People on the scene scrambled to help, even attempting to form a human ladder to reach Roner, but he passed away before they could succeed.  According to a fellow athlete who spoke with the paper, there was no protocol for attempting the type of rescue needed.  Given the nature of the accident, the Federal Aviation Administration is conducting an investigation.  Roner was a famed extreme athlete known for BASE jumping and his MTV appearances in addition to his skydiving prowess.

bedbugbitesJust the name can make your skin crawl, but clients tell us the reality is far worse than they ever could have imagined.  Bed bugs fall in and out of the headlines, but they remain a very real problem impacting Californians.  The pests do not discriminate, attacking people of all ages, races, classes, and creeds.  In fact, as a recent news report illustrates, they aren’t even confined to beds!  As a bed bug law firm in San Francisco, Oakland, and Santa Rosa, The Brod Law Firm helps people who are afflicted with these pests because of someone else’s neglect, such as a tenant coping with repeated infestations because a landlord fails to act responsibly, ignoring the problem entirely or taking ineffective, limited action rather than the swift intervention needed to eradicate the bugs for good.

Bed Bugs Cause Temporary Closure of Palo Alto Library

Last week, per NBC Bay Area, Palo Alto temporarily shuttered one of its public libraries because of a problem more often associated with housing than libraries – bed bugs.  In addition to closing the Mitchell Park Library to treat the pests after they were spotted on two chairs, the city sent bed bug-sniffing dogs to other branches of the library system.  As NBC noted, libraries are actually not unusual spot for bed bugs to hide.  The pests hitch a ride on a borrowed book, moving from one home to the library and potentially the home of another patron.  Increased travel, pesticide resistance, and the use of ineffective pest control practices have all been implicated in the recent spike in infestations.  Contra Costa Health Services denied a rumor blaming the homeless for the library infestation, noting there is no link between cleanliness and the pests although clutter does allow an infestation to grow.

Vacation – just the word alone can bring a smile to your face and even release a tiny bit of that tension we all seem to carry in our shoulders and neck these days.  We love our work at The Brod Law Firm, but there’s still something lovely about the moment we turn on our “away messages” (of course, we always have coverage plans in place so our client service is seamless and new clients can always reach someone who can help)!  Still, as illustrated by last week’s tragedy in Seattle, vacation is not without its dangers.  Vacation accidents can be a matter of time and place, a “regular” accident that happens to occur during a trip, or they can be more directly tied to the trip itself, such as an accident involving tourist-oriented activities or other recreational endeavors.  When visitors to the Bay Area, including tourists injured in Sonoma as well as San Francisco or Oakland, are hurt due to the actions or inactions of another, our San Francisco vacation accident law firm

Duck Boat Accident Kills Four Student-Tourists in Seattle

On Thursday September 24, a duck boat tour in Seattle ended tragically leaving four dead and dozens injured.  According to the San Francisco Chronicle, the duck boat was carrying a group from North Seattle College across the Aurora Bridge when the amphibious vehicle suddenly swerved and crashed into a charter bus. The crash killed four international students.  A woman from Fremont who suffered a broken collarbone was among the many injured in the collision.

pedalsOften the most important parts of any task are also the most basic.  Drivers learn the difference between the brake and the accelerator before they even put the car in drive.  While this is a fundamental matter for any driver, pedal confusion accidents happen with alarming frequency.  Avoiding pedal errors is critical.  When accidents do happen, our San Francisco pedal confusion injury lawyer is ready to help the injured.  It is important to remember that no matter how sympathetic the defendant may be, and those involved in accidents are often good people who made one unintended mistake, those injured because of another’s actions deserve compensation.

One Dead, Five Injured Following Livermore Pedal Confusion Accident  

A frightening scene unfurled at a Livermore gym early Tuesday.  The San Francisco Chronicle reports that around 6:30 A.M. an 80-year-old driver confused the accelerator and brake pedals sending her car crashing into the lobby of LifeStyleRx health club at 1119 E. Stanley Boulevard.  Livermore police told reporters that the female driver “experienced pedal confusion” while parking her Mercedes SUV.  The crash led to the death of 49-year-old Katheryn Baker, the chief financial officer of Lawrence Livermore National Laboratory, a government-owned technology company in the national security arena.  Five others were injured and taken to hospitals.  Police do not believe alcohol or drugs were factors in the accident.

In many ways, injury law comes down to a question of cause and effect.  Our San Francisco motorcycle accident attorney and his support team work diligently to determine (and prove) what caused the accident, the question of fault, and what has and will happen as a result, the question of damages.  The “effect” inquiry looks at both today and tomorrow, an especially complex inquiry in the case of the serious injuries or loss of life that are far too common in motorcycle accidents.  That is, however, a question for another day.  Today, we discusses the “cause” inquiry, the question of what happened in the moments before the crash, looking at a recent tragedy in San Ramon and the leading research on the cause of motorcycle accidents.  Ultimately, the cause and effect inquiries may be complex but our team is well-equipped to uncover the truth in order to help injured riders and grieving loved ones recover compensation for their losses.

Multi-Part San Ramon Accident Leaves Motorcycle Rider Dead

A multi-vehicle accident led to the death of a motorcycle rider in San Ramon on Monday.  CBS San Francisco reports that the crash occurred around 4:40 A.M. on Highway 680 South just past Bollinger Canyon Road.  The incident began when a Honda rear-ended a big-rig truck and the impact caused the Honda to spin before coming to a halt in the middle of lane three.  A motorcycle then struck the disabled vehicle and the 39-year-old rider was ejected.  Moments later, another big-rig truck hit both the motorcycle and the rider before catching aflame.  The motorcycle rider was pronounced dead at the scene.  CBS’s article does not note the status of any of the other individuals involved in the complex accident.

From the high school field on Friday to cheering on the alma matter at Saturday tailgates and watching the NFL on Sunday, for many Americans, fall means football.  While our own office certainly has its friendly rivalries, we all cheer for athletes of all ages to have success on and off the field.  As a San Francisco sports injury law firm, the Brod Law Firm believes strongly in the benefits of sports.  However, we are also very concerned about some of the dangerous health consequences that may impact professionals, weekend warriors, and young players alike including the risk of long-term brain injury from football.

Study: 96% of Studied Deceased NFL Players’ Brains Test Positive for Chronic Traumatic Encephalopathy

On Saturday, Sports Illustrated (“SI”) reported on the continuing investigation into how repeated head trauma on the football field can impact players for their entire lives.  The article is based on a study by scientists with Boston University and the Department of Veterans Affairs that looked at the brains of deceased athletes.  According to SI, researchers identified chronic traumatic encephalopathy (“CTE”) in 96% (87 of 91) of studied NFL players’ brains footballhelmetand 79% (131 of 165) of all football players’ brains examined during the study including professional, semi-professional, and college players.

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