San Francisco Injury Lawyer Blog

Security Deposits: Limitations on Landlords Reinforced by New Settlement

May 26, 2015 | Gregory J. Brod

The landlord/tenant relationship can be tricky and difficult to navigate. Many tenants inherently feel like they are at the mercy of their landlord if they want to be able to remain in their home. They do not feel like they are in a position to challenge their landlord’s behaviors or dispute landlord fees. One area in which tenants may be charged fees – and feel powerless to fight those fees – is the security deposit. Often, a tenant moves out only to receive an itemized receipt detailing the various deductions from the security deposit, and believes that he or she has no way to challenge those deductions.

Class Action Requires Landlords to Repay Fees from Security Deposits

According to NBC, thirty-one apartment complexes from Southern California have reached a settlement with tenants from as far back as 2008, who argued that the complexes inappropriately deducted fees from security deposits. Specifically, the renters asserted that fees for normal wear and tear – new paint, replacing carpet or flooring – violated California’s law which specifies what can and cannot be deducted from a security deposit. About 10,000 tenants and former tenants have been notified of the settlement, and may be entitled to a payout from the settlement.

Fresh Concerns About the Liability Limit for Train Accidents

May 25, 2015 | Gregory J. Brod

Last week’s tragic train derailment on Amtrak’s northeast corridor raised a lot of safety and regulatory issues with commuter trains and infrastructure. It also shined a renewed spotlight on an 18 year old federal law that could limit the amount of money victims of Tuesday’s derailment receive from Amtrak.

Congressional limits on payouts from train accidents and derailments

In 1997, Congress passed the Amtrak Reform and Accountability Act, which was designed to provide financial support to Amtrak. As a part of that bill, Congress placed a limit on the amount of money that could be recovered by victims of a train accident. The cap applies to all railroads, not just Amtrak. Based on that legislation, victims of train accidents are currently limited to a maximum payout of $200 million. The cap is not per injury; the total amount that a railroad can payout per accident is $200 million, regardless of the number of injuries or fatalities.

Suing over Hot Coffee: What’s Really at Stake?

May 21, 2015 | Gregory J. Brod

Over the last few decades, the media has reported on a variety of lawsuits that it deems frivolous. These so-called frivolous lawsuits are often portrayed as being brought by plaintiffs who are just looking to make a quick buck. Few articles or news stories have gone into the details of these cases, but instead focus on the aspects that, at first, might make the lawsuit seem unfounded.

Recently, for a second time, a lawsuit over hot coffee has gained media attention. In both cases, plaintiffs filed suit based on burn injuries resulting from spills of the coffee. But are these cases really about simple coffee spills? Is there more at issue?

The McDonald’s Case: The Original Hot Coffee Case

Positive Train Control: “Without it, Everybody on a Train is One Human Error Away from an Accident”

May 19, 2015 | Gregory J. Brod

Speeding is a factor in countless accidents every single day, leaving behind serious injuries and grieving families. As we have all been reminded in the past week, the danger of speeding isn’t confined to cars. The thoughts of our entire San Francisco/Oakland train accident law firm go out to the victims of the terrible train derailment in Philadelphia. As with so many accidents, we believe the very best way to honor the victims is by ensuring such tragedies are prevented in the future. Implementing Positive Train Control is one way we can prevent future train tragedies.

Speeding and Lack of Safety Controls Eyed in Philadelphia Derailment

According to CNN, eight people died and more than 200 were injured when a Amtrak train derailed just north of Philadelphia last week. The accident occurred on a well-traveled route from Washington to New York, at a curve in the track near Frankford Junction. As the news unfolded, the National Transportation Safety Board (“NTSB”) revealed a disturbing fact – the train was travelling 106 mph as it entered the curve, despite the fact that the curve carries a 50 mph speed limit.

Examining Wrong-Way Highway Crashes, Protecting Wrong-Way Crash Victims

May 15, 2015 | Gregory J. Brod

Some time ago, a video made the rounds of in-boxes and television newsmagazines in which a driver pulled up close behind a vehicle being towed and woke his passenger up shouting, pretending they were staring into the headlights of an oncoming truck. While many found the prank funny, our Northern California car accident law firm couldn’t help but think of the real nightmare of head-on wrong-way crashes. Although relatively uncommon, wrong-way accidents are more likely to cause death or serious injury than an average collision. We help the victims of these terrible crashes, those who saw real headlights approaching and the families whose loved ones final moments may have been marked by that terrible image.

Three Dead in Sacramento Wrong-Way Crash

A wrong way-crash claimed three lives in Sacramento not long after midnight on Tuesday April 12. According to The Oakland Tribune, a 24 year-old Hayward man from and a 25 year-old South San Francisco man were killed when their vehicle was struck by a Ford F-150 pickup truck on I-80 near Madison Avenue. Police say the truck was going the wrong direction in the highway’s fast lane at the time of the crash. The driver of the pickup, identified only as a male as of the time of this writing, also died in the collision.

The Danger of Pedestrian Train Crashes

May 13, 2015 | Gregory J. Brod

When we mention train safety, people often focus on the possibility of a collision between a train and a car or similar motor vehicle. However, train safety is also about pedestrians. As a developing story reminds us, pedestrian train accidents are a very real, often fatal, threat. Our San Francisco train accident attorney stands ready to help when a pedestrian rail crash stems from the actions (or inaction) of a careless conductor, a risky corporate policy (formal or informal), or another negligent decision that puts innocent pedestrians at risk.

Muni Light Rail Car Hits and Kills San Francisco Boy

A tragic accident stunned San Francisco’s Ocean View neighborhood on Tuesday when a child pedestrian was hit by a Muni vehicle and died at the scene. At the time of this writing, the facts were slowly unfolding and the story still developing. The San Francisco Chronicle was reporting that a 12 year-old boy had been hit by a Muni light rail vehicle near San Jose and Lakeview avenues. Officials told reporters that the boy was running through the crosswalk to catch another train to get to school at the time of the incident. Muni service in the area was stopped while the medical examiner responded.

New Laws, Old Foes: Recent Legislation Involving Bed Bugs

May 12, 2015 | Gregory J. Brod

Bed bugs have long plagued humans. A recent Salon article points to evidence of bed bugs in an Egyptian archeological site dating between 1352 and 1336 B.C., suspected bed bug infestations in ninth century Iraq, and possible references to the pests in ancient Jewish and Islamic texts. Nonetheless, even old problems may call for new solutions that take into account the realities of modern life. Our San Francisco bed bug lawyer monitors changes to bed bug laws in California and across the nation, following news that can help us represent people who are dealing with a bed bug invasion because of someone else’s negligence.

Proposed California Landlord/Tenant Law Would Clarify Bed Bug Responsibilities

At the state and local level, particularly in the Bay Area, California is known for protecting residential renters. Currently, a number of different laws can be used to help tenants whose landlords contributed to a bed bug problem and/or failed to take appropriate responsibility for keeping the property vermin-free. As the LA Weekly reported on Friday, State Assemblyman Adrin Nazarian has crafted a bill aimed at clarifying the responsibilities of both landlords and tenants when bed bugs infest residential rentals. Assembly Bill 551 would:

Exploring the Boundaries of Worker’s Compensation: The Case of Tenant Employees

May 8, 2015 | Gregory J. Brod

Certain areas of injury law are governed by their own systems and rules. Workplace injury suits involve a unique scheme set apart from the typical civil compensation system. It is important to understand the limits of worker’s compensation, when it applies and when it does not and the injured can and should bring a traditional civil claim. San Francisco injury lawyer Greg Brod has been following a developing case that, much like the case we recently discussed that tested the boundaries of medical malpractice law, helps clarify the rules for California’s injured.

Overview & Facts in Wright vs. California

In late April, as reported in the San Francisco Chronicle, the Supreme Court of California declined to review a decision issued by the Court of Appeals, allowing the ruling that paved the way for a prison guard’s civil injury suit to stand. According to the appellate court, a year after beginning work at San Quentin State Prison (“San Quentin”), Monnie Wright voluntarily moved into a State-owned rental unit owned within the prison’s gated grounds. He was not required to move and he paid market rent. The lease did require Wright to obtain rental insurance.

Dangerous Road Lawsuits: Compensation & Protection

May 6, 2015 | Gregory J. Brod

Some roads are known for good things, perhaps picture-perfect scenery or a time-saving shortcut. Other roads are more infamous than famous. From a too-sharp curve to an inadequate merge lane, from a poorly constructed intersection to a pothole-ridden surface, there are a myriad of problems that can render a road unsafe. Dangerous road conditions are a factor in many accidents, including single- and multi-vehicle crashes. Dangerous roads lawsuits are complex, but Northern California dangerous roads lawyer Greg Brod knows they are essential to helping the injured and the grieving recover much-needed compensation and they can also push government authorities to make changes that can prevent future tragedies.

Business Owners Express Concerns After Sonoma Crash

A report by the Press Democrat about a weekend crash in Sonoma County calls attention to the issue of dangerous roads. Around noon on Sunday, a 29 year-old driver crashed her Honda CRV into a Subaru Outback parked outside of Wild Flour Bakery on Bohemian Highway in Freestone. In turn, the Outback crashed into a bench before plowing into the entryway of the popular bakery. A 52 year-old sitting on the bench was injured in the chain-reaction accident. Police arrested the driver of the CRV on suspicion of felony-level drunk driving.

California Supreme Court Protects Tenants, Strengthens Rent Control

May 5, 2015 | Gregory J. Brod

“Almost no one is moving to San Francisco to save money.” We love our region, but the opening line in recent Associated Press article, carried by U.S. News & World Report, is a truth Bay Area residents feel in their tightening wallets. Research by real estate data firm Zillow found that city rents jumped 15% over the past year with the average home rent hitting $3,129 in March. This cost makes tenant protections, including rent control, even more important, especially for long-term city residents. Our San Francisco tenants’ attorney is glad to share the news that the Supreme Court of California has helped strengthen those protections.

The Facts: Landlord Nearly Doubles Tenant’s Rent

As the San Francisco Chronicle reported, last Wednesday the state’s highest court unanimously declined to review a First District Court of Appeal decision handed down in January. In doing so, the court allows the appellate decision favoring a San Francisco tenant to stand. Brian Govender has lived at 999 First Street, close to Alamo Square, since November 2003. At the time, Govender was only 13 and not named in the lease. His parents moved out in August 2012 and owner Mosser Companies moved to raise the monthly rent from $1,681.75 to $3,295.