San Francisco Injury Lawyer Blog

Negligence Per Se – Applying a Legal Theory to the Collision of a Big Rig and a Muni Light Rail

August 6, 2014 | Gregory J. Brod

Few concepts are as fundamental to the field of civil injury law as the notion of negligence. As a plaintiff’s law firm, a key part of our job is proving that the defendant was negligent and that this negligence was the cause of the plaintiff’s injuries. In this post, our San Francisco personal injury attorney looks at a special form of negligence – negligence per se – a concept that helps plaintiffs fulfill their legal burden and show the judge/jury that the defendant should be held liable and ordered to compensate the plaintiffs for their injuries.

Big Rig’s Illegal Turn Leads to Crash with Light Rail Train

San Francisco’s ABC affiliate reported on a serious collision that occurred last Friday between a big rig and a light rail train. Witness reports helped San Francisco Police conclude that the driver of the big rig attempted to turn left onto Third Street from Innes Avenue despite signs clearly stating that left turns were not permitted. While attempting the illegal turn, the 18-wheel truck was struck by the Muni light rail train. Police did not immediately charge the driver despite concluding he was at fault

Hazards from Lead-Based Paint Must Not Be Overlooked in Landlord-Tenant Law

August 5, 2014 | Gregory J. Brod

The implied warranty of habitability is a core principle of landlord-tenant law in California, and it gives every tenant the right to a habitable rental unit, which includes protection from weather, working plumbing and electricity, appropriate garbage receptacles, a unit free of rodents and other vermin, etc. And San Francisco landlord-tenant law attorney Gregory J. Brod would note that another important issue that can render a rental unit uninhabitable is the presence of lead or lead-based paint, a danger that should be of particular concern to renters with children.

Disclosure is a key element of regulations on lead in the United States that apply to landlords, which is spelled out in the so-called Lead Disclosure Rule, or Title X Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992. In that federal law, Congress directed the Department of Housing and Urban Development and the Environmental Protection Agency to require the disclosure of known information on lead-based paint and lead-based paint hazards prior to the sale or lease of most housing units constructed before 1978. The 1978 date is important because lead was prohibited from all housing build from that date forward. Landlords must include an addendum to a lease, or language within a lease, that includes a Lead Warning Statement and confirms that the landlord has complied with all notification requirements.

A major potential problem with pre-1978 housing, of which there are plenty of examples in the Bay Area’s housing stock, is whether lead that may have been used in the construction process will ever get released in the form of paint chips or dust. In that form, it is particularly toxic to children, especially those age 6 and younger, who may inadvertently inhale or ingest it. According to the Centers for Disease Control and Prevention, there are at least 4 million households in the United States that have children living in them who are exposed to high levels of lead. In addition, there are approximately 500,000 children ages 1-5 in this country with blood lead levels above 5 micrograms per deciliter, which is the reference level at which the CDC recommends the initiation of public health actions.

In California, a landmark case was decided in December 2013 in which a California Superior Court judge in San Jose ruled that three major current or former paint companies – Sherwin-Williams Co., NL Industries Inc. and ConAgra Grocery Products Co. – must contribute $1.1 billion to a fund that has been earmarked for cleaning up the hazardous substances present in lead paint in hundreds of thousands of homes in California. According to the Wall Street Journal, the three firms would have to decide among themselves how to apportion the cost of the program that has come about as a result of the lawsuit. The lawsuit was filed by 10 city and county governments in the state, including San Francisco, Alameda and San Mateo counties.

The cleanup plan does not mandate removal of all lead paint from homes, but it does require work to remove lead from household areas such as window frames and doors where friction may lead to the release of lead dust or chips.
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Lightning Strikes and California Injury Law

August 1, 2014 | Gregory J. Brod

Whether you find it beautiful, terrifying, or both, lightning is a “striking” example of nature’s power. Lightning can cause enormous property damages and it can also cause serious injury or even death. While you can’t sue Mother Nature for lightning injuries, there are sometimes individuals or entities that contributed to the danger. Our San Francisco lightning injury law firm can help victims pursue money damages and hold such entities responsible for their role in lightning tragedies.

Venice Beach Lightning Strike Injures 13, Kills 1

As CNN reported, people enjoying Southern California’s Venice Beach last Sunday saw their day quickly shift from relaxing and fun to frightening and deadly. A round of thunderstorms had been forecast and a lightning strike hit the water and beach at 2:51 PM. The bolt left 13 people injured; all had been in or near the water and 8 required hospital treatment. One additional person, a 20 year old man, was killed, although officials were not initially certain whether he died because of the lightning itself, drowned, or was trampled.

San Francisco Skateboarding Accident Attorney Protecting Skateboarders Injured by Negligent Drivers

July 30, 2014 | Gregory J. Brod

At The Brod Firm, we’ve found that people often make quick judgments based on a person’s choice of hobby or choice of travelling vehicle. Motorcycle riders are a prime example, with many assuming they are rough-hewn, “scary” individuals. Another example: Skateboarders. While some do take unnecessary risks, others enjoy the hobby and make every effort to skate smart. Too frequently, these individuals are put at risk by negligent drivers. When a skateboard accident stems from a driver’s negligent or dangerous decisions, our Northern California skateboard accident lawyer is here to help.

15 Year Old Skateboarder Seriously Injured in Fremont Collision

This week, CBS’s San Francisco Bay affiliate reported on a skateboard-vs-car collision that left a teenage boy seriously injured. The 15 year old was riding near Lake Elizabeth in Fremont on Monday afternoon. At approximately 4:50 PM, he attempted to cross Paseo Padre Parkway at Baylis Street when he was hit by a Toyota sedan. The teen, who was taken to an area trauma center, suffered major injuries that thankfully were not deemed life threatening. The Toyota’s driver remained at the scene and cooperated with authorities. Pasedo Padre Parkway remained closed until around 9:30 P.M. Authorities are continuing to investigate the cause of the collision.

Looking at Airline Liability and Victim’s Rights in the Wake of the Malaysian Air Tragedy

July 24, 2014 | Gregory J. Brod

Five months ago, few Americans had heard of Malaysia Airlines. Now, of course, they’ve held the headlines for months with two flights ending in tragedy in a just a short time. Particularly after this most recent tragedy, our Northern California aviation accident law firm has heard from many community members who are curious about the legal rights of families in the case of similar aviation tragedies.

Remembering the Victims of Flight 17

We could cite any of hundreds of news reports to provide a brief summary of the Flight 17 story, but we were drawn to a report from CNN that looks at a small sample of the lives lost in this tragedy. As CNN explains, Malaysian Airlines Flight MH17 was shot down over the Ukraine on Thursday July 17, 2014. There were 298 people aboard the passenger flight from the Netherlands to Malaysia. The victims included 193 Dutch citizens, a total that includes the sole American victim who had dual citizenship, and 43 Malaysians. A champion rower, an AIDS researcher, restaurateurs, a nun, students, and successful businesspeople were among those lost. We encourage readers to take a look at the faces and brief biographies of some of the victims; we do not want the victims’ stories to be lost amidst the rest of the coverage.

Danger on Two Wheels: Protecting the Victims of Unsafe Motorcycle Riders

July 23, 2014 | Gregory J. Brod

We’ve written in the past about the biases many people hold when it comes to motorcycles. We firmly believe these, and most other biases, are incorrect and unfair. Most motorcycle riders, like most drivers, are committed to safety. However, our San Jose motorcycle accident lawyer knows that it would be equally unfair to suggest all motorcycle riders are innocent victims when it comes to vehicle crashes. Dangerous decisions by riders, including speeding and riding while intoxicated, threaten the rider and others on the road. We are committed to helping those who are hurt or left mourning a love one because of a reckless or negligent motorcyclist.

Witnesses Report Rider in Santa Clara Crash Was Travelling Over 100mph

The San Francisco Chronicle reported on an accident that claimed one life during the early morning hours of Tuesday June 22. At around 2:30 A.M., the driver of a Honda motorcycle tried to maneuver around a Peterbilt truck travelling north on Great America Parkway (Highway 101) in Santa Clara. The attempt was unsuccessful and the motorcycle slammed into the back of a big rig truck, killing the rider. According to the California Highway Patrol (“CHP”), after the initial collision the body of the 23 year old motorcycle rider lay in the street and was hit by other vehicles.

The Danger of Downed Power Lines

July 18, 2014 | Gregory J. Brod

Sometimes, as our San Francisco car accident lawyer knows quite well, real life writes stories that our imaginations never could. In this case, the San Francisco Chronicle reported a story that began when 21 year old Arman Samsonian crashed into a fire hydrant while rushing to the gym. Witness Irma Zamora, age 40, called 911 and then raced over to help. She was joined by 39 year old Stacey Schreiber. Unbeknownst to the two women, electricity was running through the water around the wrecked car. Both of the Good Samaritans were electrocuted and both died. The incident had unusual aspects but, unfortunately, it is far too common for downed power lines and electrocution to cause injury and/or death following a car accident.

In May, despite his attorney suggesting the electrocutions were not a foreseeable consequence of speeding, Samsonian pled no contest to vehicular manslaughter. On Wednesday, a Los Angeles Superior Court sentenced Samsonian to three years of probation and 70 days of community service. The judge also ordered him to pay restitution to the victims (note: restitution typically cannot compensate victims for pain and suffering). Committing another vehicular offense during the probation period will send Samsonian to prison.

What to Do If Power Lines Fall on Your Car

Seatbelts: A Look at Safety Statistics and a Reminder from Your Northern California Injury Lawyer

July 16, 2014 | Gregory J. Brod

It is a topic we revisit often, but some things deserve repeating. While our Santa Cruz car accident lawyer is dedicated to representing people who are injured by another driver’s negligence, our firm believe prevention always comes first. Seatbelts are one of the best ways to prevent a collision from becoming a tragedy. We represent people when another driver was at-fault, regardless of whether our client wore a seatbelt, but that doesn’t change the fact that we encourage everyone to buckle up and be safe.

Two Teens Die in Santa Cruz Crash

Reporters with the Santa Cruz Sentinel recently covered a Highway 1 crash that killed two local teens an contributed to a back-up lasting more than six hours. It was just before 7 A.M. when a 15 year-old lost control of a Hyundai sedan, crossed over to oncoming traffic lanes and crashed head-on with a utility truck between Jensen and Salinas roads. The driver was ejected and landed in the middle of the two-lane roadway.

Much Remains to Be Determined in Deadly Santa Clara County Trucking Accident

July 11, 2014 | Gregory J. Brod

When a big rig collided with 10 vehicles on northbound Highway 17 near the Lexington Reservoir in Santa Clara County on Thursday the result was a horrific scene in which one person died and seven others were sent to the hospital. And San Francisco trucking accident attorney Gregory J. Brod would point out that tragedy not only left behind much death, injury and destruction, but also several questions regarding how the multi-vehicle crash could have occurred as well as the matter of liability.

According to the San Jose Mercury News, a big rig was traveling just south of Bear Creek Road when, a witness reported, traffic came almost to a standstill near the reservoir and the truck “rolled over everything in its path.” As a result, a 25-year-old San Jose State graduate from Santa Cruz who was driving one of the vehicles caught in the mash-up died after he was ejected from his car. In addition, seven other people in the remaining nine vehicles were sent to area hospitals with injuries, with one listed in critical condition and the others sustaining minor to moderate injuries. The California Highway Patrol did not arrest or cite the driver of the big rig and has determined that he was not intoxicated at the time of the crash. The CHP said that investigators do not yet know what caused the crash.

Thel National Highway Traffic Safety Administration reports that there has been an increase in the number of traffic fatalities involving trucks in the United States, with such deaths going up by 3.7 percent from 2011 to 2012 alone. And, as the nation has grown increasingly dependant on truck traffic for shipping goods, the number of accidents overall involving trucks has steadily increased.

Whenever there is a trucking accident, the questions of what caused the collision and who is responsible often go beyond the obvious on-the-road participants – unfortunately, in Thursday’s tragedy, the number of people who were directly impacted by the crash was on the high end. Barring any fault placed upon the drivers of passenger vehicles involved in a crash with a truck, if the focus of fault hovers over the truck driver, there are other key parties who may be judged responsible for victims’ injuries aside from the truck driver, including:

the owner of the truck;
the person or company that leased the truck from the owner;
the manufacturer of the vehicle, tires or other truck parts that may have played a role in the cause or severity of the accident; and
the shipper or loader of the truck’s cargo in those cases that involve improper loading.

Looking at Traumatic Brain Injuries as Jury Rules in Dodgers’ Beating Case

July 11, 2014 | Gregory J. Brod

A verdict was handed down this week in a case that many in the Bay Area have been following for nearly three years. As our San Francisco brain injury law firm looks at the verdict, we also consider the danger of traumatic brain injury. Whether it results from an intentional beating or a negligent car crash, we are prepared to help people in Northern California who are facing these life-altering injuries.

Dodgers Held Responsible in Fan Beating

As The Oakland Tribune recounts, opening day 2011 saw a face-off between California rivals as the San Francisco Giants battled the Los Angeles Dodgers. Bryan Stow was wearing a Giants jersey when, according to his lawyers, the 45 year-old was attacked by two Dodgers fans in the parking lot of Dodgers Stadium. The altercation left Stow wheelchair-bound, facing disabling brain damage and requiring round-the-clock care.