San Francisco Injury Lawyer Blog

Looking at California Civil Sexual Abuse Claims After State Supreme Court Denies Bid to Overturn Decision in Cosby Case

August 5, 2015 | Gregory J. Brod

To many, he represented the perfect father, loving his kids, his wife, and his work while solving every problem in 30 minutes flat. However, recently the portrait presented by Bill Cosby in his television show and throughout his long career has taken a series of hits. In this post, our San Francisco abuse victims’ law firm looks at a recent legal development in the Cosby saga and calls attention to California law on civil suits for sexual abuse. We do not know whether Cosby is guilty, but we do know far too many young men and young women are victims of sexual abuse. For these individuals, a civil sexual abuse lawsuit can provide critical emotional closure and also provide money damages that can be put towards psychological and other social services that can turn a victim into a survivor.

State Supreme Court Refuses to Upset Lower Court’s Ruling, Allows Suit to Proceed

Last month, Reuters announced that comedian Bill Cosby lost a bid to avoid a lawsuit based on allegations he sexually abused a 15 year-old in 1974. The woman, now in her 50s and referred to herein as J.H., is one of more than 40 women who have accused the actor of rape or molestation. Her lawsuit is one of at least four civil actions currently pending. This case is, however, unique in that it seeks damages for the claimed assault itself while the other women are pursuing defamation actions saying Cosby falsely painted them as liars when he denied claimed assaults.

Looking at Refinery Fires Following Blaze at Rodeo Oil Refinery

August 4, 2015 | Gregory J. Brod

In the future, we may be able to rely solely on renewable energy resources, but for now oil and gas are essential to the operations of our country and our state. These fuels are highly flammable and generally quite dangerous if not handled with the utmost of care. Although it is too early to identify a cause in Sunday’s refinery fire, many oil and gas accidents occur because an entity failed to respect these potentially hazardous substances. When a fuel processing or distribution accident leaves injuries and/or fatalities in its wake, our Oakland refinery fire law firm helps victims uncover the cause of the tragedy and pursue money damages from those responsible.

Fire at Phillips 66 San Francisco Refinery in Rodeo

On Sunday, as reported by The Contra Costa Times, a small fire struck the Phillips 66 refinery on the 1300 block of San Pablo Avenue in Rodeo, about 20 miles south of Oakland. The Phillips 66 San Francisco refinery was built in 1896. It has an 80,000 barrel daily crude feed capacity and a daily clean fuels production limit around 4.3 million gallons.

When People Cause Wildfires: California Fire Injury Attorney on a Growing Threat

July 31, 2015 | Gregory J. Brod

A decade ago, if you asked most Americans to name the weather/climate condition most associated with California, we have little doubt “earthquake” would have been the dominant response. Today, however, polling might be split. Many would answer “drought” and a third common reply might be “wildfire.” The National Park Service defines wildfires as “an unplanned fire caused by lightning or other natural causes, by accidental (or arson-caused) human ignitions, or by an escaped prescribed fire.” While they are known for destroying land and property, wildfire injuries and deaths are a real danger. When a California wildfire is started by a person, intentionally or due to negligence, our Sonoma fire injury attorney is prepared to advocate for the injured or surviving relatives of individuals who died because of a wildfire sparked by another individual.

Three Fires Burn in Sonoma, Two Tied to Suspected Human Causes

On Tuesday alone, Sonoma County and North Bay fire departments were battling three wildfires including one tied to a local beekeeper and one currently being linked to a vehicle fire. The Press Democrat reports that a grass fire south of Sebastopol was accidentally sparked by a beekeeper employing a smoker pot to calm his hives. Approximately two acres burned in the blaze and an old barn was destroyed. Although high temperatures and windy conditions complicated all three fires, a large team including nine engine companies and 45 firefighters gained control of the Sebastopol blaze and limited the spread.

Vehicle Defect Attorney Looks at Settlements Between Federal Government and Major Automaker

July 29, 2015 | Gregory J. Brod

In the U.S., motor vehicle safety is governed by a detailed network of laws and regulations governing initial build and on-going maintenance. Some rules have been standard for decades. Others are constantly being added/updated. While the rules are complex, the reason they exist is simple – A single defect in a single automobile can endanger dozens and thousands are at risk when a defect is repeated. Vehicle recalls are one preventative tool, but a recent settlement questions the effectiveness of some recalls. When a potential defect becomes a real accident and an injury or death is linked to a defective vehicle, our vehicle defect law firm in San Francisco, Oakland, and Santa Rosa is ready to use our experience in car accident personal injury litigation and product liability law to advocate on behalf of the injured and the grieving.

Fiat Chrysler Settles Government Claims Related to Vehicle Defects and Ineffective Recalls

According to the San Francisco Chronicle, federal officials have pointed to numerous problems with Fiat Chrysler vehicles. For example, defective steering parts in more than 500,000 Ram pickup trucks could cause a driver to lose control of the vehicle. The government claims a recall and repair campaign failed to fully address the issue and Fiat Chrysler has agreed to institute to the largest buyback program in U.S. history. Additionally, some 500,000 older Jeeps with potentially dangerous rear-mount gas tanks are eligible for buyback or repair. More than 75 vehicle fire deaths have been linked to the tanks, although Fiat Chrysler says the Jeeps are no more dangerous than similar cars of the same vintage.

Pair of Fatal Jet Ski Accidents Serve as a Reminder of the Danger on the Water

July 28, 2015 | Gregory J. Brod

Enjoying time on the water is one of the great joys of life in California. With the ocean, numerous rivers, and thousands of lakes, water is (and we note the irony of this statement amid a long drought) everywhere. Jet skiing is one of many water-related activities that California residents and visitors enjoy. While it can be great fun, both riders and bystanders must remain aware of the danger of jet ski accidents. When a jet ski accident can be traced to a negligent individual or corporation, our Northern California jet ski accident law firm can help hold those responsible accountable for their actions and help the injured victim or grieving family recover monetary compensation.

Two Jet Ski Related Accidents Claim Lives on Bass Lake

Recently, two jet ski-related tragedies darkened the mood at Central California’s popular Bass Lake. On June 27, an accident left a 13-year-old boy dead and his 16-year-old aunt critically injured. According to the Madera County Sheriff’s Office and The Sierra Star, the pair were, along with the boy’s father, riding in an inner tube and being pulled by a pontoon boat when they were hit by a jet ski. The waverunner was piloted by a San Jose man with two riders on-board. Police do not believe alcohol was a factor, but the jet ski was allegedly outside of the three designated waverunner zones. The owner of a lakeside resort suggested the operator may not have understood that waverunners do not stop simply because the operator lets up on the gas.

Garbage Truck Collisions and Other Refuse Collection Accidents

July 24, 2015 | Gregory J. Brod

They blend into the everyday hubbub on streets throughout America, fitting in seamlessly because they visit most of our homes on a weekly basis. This normalcy makes it easy to forget that they are actually powerful, heavy-duty vehicles. Our Oakland truck accident lawyer knows that garbage truck accidents are a problem few of us ever consider – until it happens in our neighborhood or until an accident impacts someone we love.

Officials Investigate Garbage Truck Accident in Orinda, CA

A garbage truck accident in Orinda on Tuesday left many feeling grateful that the outcome wasn’t more tragic. The Oakland Tribune reports that a garbage worker was preparing a bin for loading on Los Ceros just before 8 A.M. when the truck began to roll backwards down a hill towards the busy Moraga Way. The worker gave chase and tried to jump into the driver’s seat but wasn’t able to hold on and eventually leapt off the truck. After colliding with a single car, the truck came to a stop. Both the worker and the car’s driver were hospitalized but officials say they expect both people to recover fully. Local police chief Mark Nagel remarked that it is amazing the consequences weren’t more severe. An investigation is ongoing to determine why the truck began to roll.

Pair of Bay Area Bicycle Fatalities Provide a Stark Reminder of the Danger on Two Wheels

July 22, 2015 | Gregory J. Brod

Bicycling can provide a sense of freedom to people of all ages. For the young, bikes expand the world, affording their rider a sense of independence. For adults, riding evokes that feeling and also provides freedom from the expenses and hassles associated with driving, especially in urban areas. Sadly, this freedom is sharply limited by the reality of bicycle fatalities. Our San Jose bicycle accident law firm was saddened to learn of two deadly bicycle accidents separated by only three days and a seven mile stretch of road.

Three Days, Seven Miles, Two Fatal Bicycle Accidents

According to a report in The Los Altos Town Crier, 63-year-old Palo Alto resident Eric Palmquist was hit by a car while riding a bicycle on Friday July 10. He died six days later. Police believe he was riding west on El Camino Real when he was struck by a Honda Civic travelling north on San Antonio Road. Palmquist was thrown onto the pavement and suffered a fatal head injury. He was not wearing a helmet. The driver of the Civic was not hurt and is cooperating with the ongoing investigation.

Understanding Legal Malpractice in California

July 21, 2015 | Gregory J. Brod

On television, the least popular cops work in internal affairs. By the same token, one might expect us to hesitate, especially around other lawyers, to say we serve clients looking for a legal malpractice lawyer in San Francisco, Oakland, Santa Rosa, and other locations in Northern California. The truth is we’re very proud to practice in this arena. Legal malpractice is about ensuring lawyers do not practice with wanton disregard for our profession’s high standards. Today, we look at legal malpractice in California. We examine the elements of a successful claim, including the case-within-a-case concept, and look at one reason The Brod Law Firm is able to serve malpractice clients effectively and efficiently.

The Basics of a Legal Malpractice Claim

Let’s begin with what legal malpractice is not. A meritorious legal malpractice claim is not triggered just because a “good” case was lost or a court rendered an unjust verdict. No lawyer can promise a certain result, in fact that itself might actually be malpractice. Legal malpractice does exist when a lawyer fails to provide professional services with the diligence, prudence, and skill that a reasonable lawyer would use in the situation. This standard applies to all non-medical professional malpractice actions and is detailed in California Civil Jury Instruction 600 (“[A/An] [insert type of professional] is negligent if [he/she] fails to use the skill and care that a reasonably careful [insert type of professional] would have used in similar circumstances.”).

Preventing and Reporting Sexual Abuse of the Elderly: An Obligation to Our Nation’s Seniors

July 17, 2015 | Gregory J. Brod

Trust. It is an essential part of living in a community from trusting the food we purchase is safe to trusting opposing traffic will stop when they have a red light. As our population ages, another form of trust becomes ever more important – trusting that elder care facilities will care for and protect their residents. A shocking example of the violation of this trust arises when facilities fail to guard against sexual elder abuse. Difficult as it is to think about, sexual abuse in nursing homes is a very real threat and our San Francisco nursing home abuse lawyer believes elder care facilities must take swift and comprehensive action when sexual abuse occurs whether the perpetrator is a nursing home employee or another resident.

Civil Suit Follows Investigation into Nursing Home’s Failure to Report Sexual Assault

On June 16, a civil lawsuit was filed in Washington state involving allegations that a nursing home failed to take appropriate steps to protect a resident from sexual abuse. KOMO 4 News and Wenatchee World (via San Mateo County’s Network of Care) report that the estate of Christine Trowbridge filed the suit against Cashmere Convalescent Center. The civil action follows government investigations, including a $6,500 fine levied by the state’s Department of Health and Human Services for failing to intervene in or report the abuse.

Northern California Tenants’ Lawyer Looks at Short-Term Rentals in San Francisco

July 15, 2015 | Gregory J. Brod

Late last week, a friend of our San Francisco landlord/tenant law firm e-mailed us an article he’d seen on Curbed LA, the Los Angeles portion of a real estate and neighborhood news website. The article suggests that landlords in L.A. could fetch up to twice as much money on the short-term market (such as via Airbnb) than they can make via a traditional long-term rental. He asked us: “Could the same thing happen in San Francisco? Should renters be worried?” We thought that the reality and the legality of short-term rentals in San Francisco might be on more than one renter’s mind (and therefore a great blog topic!), especially given the well-publicized increase in rental prices in the Bay Area in recent years.

Airbnb and the Short-Term Rental Concept

For those unfamiliar with the company, Airbnb is a locally based company that touts itself as a community marketplace connecting people looking for a place to stay with people who have space to spare. The site covers more than 34,000 cities and allows people to rent a wide-range of spaces with many spaces offering nightly, weekly, and monthly rates. While it is certainly the most popular, Airbnb is just one company serving the growing demand for short-term rentals.