San Francisco Injury Lawyer Blog

Coal Ash – A Dangerous Byproduct of Energy Production

June 11, 2014 | Gregory J. Brod

It is tough to imagine life before electricity. Over time, even in the past 15 to 20 years, there have been countless changes to how we produce and distribute power. In 2000, 50% of all energy produced in the U.S. came from coal. By 2013, according to the U.S. Energy Information Administration, that number dropped to 39%. There have been many positive changes to the environmental and health impact of coal use, but real dangers continue to concern our San Francisco toxic exposure attorney. Our firm is dedicated to helping people in Northern California who have been sickened by coal ash or otherwise made ill because of coal.

Power Company Agrees to Fund Clean-Up of Major Coal Ash Spill

On Tuesday, a report in the San Francisco Chronicle announced an agreement between Duke Energy and environmental/wildlife groups to fund the cleanup of a major spill of toxic coal ash. The spill originated at a power plant near Eden, North Carolina and left 70 miles of the Dan River covered in gray sludge. Duke has already begun vacuuming up large pockets of the sludge from the river bottom. The agreement provides that the company will pay for further cleanup and wildlife monitoring. While water samples showed a drop in contamination as the ash settled to the bottom, environmental groups warn that the sediment will be churned back into the water after storms and in other high water flow periods. Residents have been warned not to eat fish caught downstream from the plant and communities that use the river for drinking water have been treating the water and filtering out contaminants. North Carolina lawmakers are examining other ash dump sites in the state.

Appeal, Safety of Compact Fluorescent Lamps Come into Question

June 10, 2014 | Gregory J. Brod

Compact fluorescent lamps have been billed as an energy-efficient means for reducing carbon emissions, and the so-called CFLs have steadily displaced the traditional incandescent light bulbs on store shelves in the United States as our government has banned the manufacture or importation of the latter. However, like many consumer advocates and product safety specialists, San Francisco products liability attorney Gregory J. Brod has concerns over whether the new technology is all that it has been hyped up to be or even safe.

The now-recognizable spiral-shaped CFL was first invented in 1976 by Edward E. Hammer, an engineer with General Electric, in response to the stateside pinch in energy supplies that was caused by the 1973 oil crisis. In 1980, Philips introduced its model SL, which was a screw-in model of the CFL, and in 1985 Sylvania began to market it model EL lamp, which was the first CFL to feature an electronic ballast. Work on newer models strived to develop a CFL that would be able to fit into the same volume as comparable incandescent lamps, which required a bulb with high-efficacy phosphors that could withstand more power per unit area than the phosphors older-generation large fluorescent lamps employed.

Modern CFLs are said to emit the same amount of visible light as incandescent lamps, use one-fifth to one-third the electric power, and last eight to 15 times longer. However, there are some issues with CFLs that dim their appeal as well as raise questions over their safety. Some factors that may take away the luster of CFLs include the following:

The actual lifespan of a CFL depends on a variety of factors such as operating voltage, manufacturing defects, exposure to voltage spikes, mechanical shock, frequency of turning a CFL on and off, lamp orientation and ambient operating temperature, among other factors;
While CFLs, under optimum conditions, last up to 15 times longer than incandescent bulbs, they cost three to 10 times more than the traditional light bulbs;
Due to the fact that it has so many component parts, the electronic ballast within a CFL may fail, and any failure may be accompanied by discoloration or distortion of the ballast enclosure, odors or smoke;
CFLs are generally not compatible with dimmers, and the use of the two items together can shorten the lifespan of the former – dimmable CFLs must be used for the desired results;
Some manufacturers of CFLs have claimed that the bulbs could be used to replace higher-power incandescent lamps while their light output has belied that claim – a more accurate assessment of equivalent wattage can be determined through the lamp’s actual output of light, measured in lumens and marked on a package; and
CFLs are not designed for outdoor use and will not start in cold weather.

In addition to the aforementioned shortcomings of CFLs, there are also concerns related to health and the environment. For example, CFLs may pose a health risk to people who suffer from skin conditions due to the ultraviolet and blue light that the bulbs emit; a European Commission scientific study found that CFLs could produce ultraviolet exposures that approach current workplace limits in force to protect workers from skin and retinal damage. In addition, a recent study found that exposure to CFL light caused significant cell damage in cultures; further analysis confirmed the presence of significant UVA and UVC radiation, which the study thought might be attributable to damage in the bulbs’ internal phosphor coatings.

Should the base of a CFL not be made to be flame-retardant, which is required in voluntary CFL standards, overheating in electrical components in the bulb may cause a fire hazard. And, as in the case of any other light bulb, if a CFL breaks there will be quite a mess to clean up, a hazardous situation that is not limited to glass shards in the case of a CFL – like all fluorescent lamps, CFLs contain highly toxic mercury as vapor inside the glass tubing, which is released into the atmosphere when a CFL breaks. Any CFL that makes it through its lifespan without breaking may very well end up broken in landfills if proper disposal techniques recommended for CFL cleanup and/or disposal are not followed.
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Major Settlement Reached in Des Moines Class-Action Bedbug Case

June 6, 2014 | Gregory J. Brod

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As the official onset of summer fast approaches, the season in which a small yet very nasty and hard-to-eradicate pest – the bedbug – tends to thrive is around the corner. So with bedbug season upon us, San Francisco landlord-tenant law attorney Gregory J. Brod has taken note of a major settlement this week in a class-action lawsuit brought on behalf of tenants of two buildings in Des Moines, Iowa, that were infested with bedbugs.

According to the Des Moines Register, Polk County District Judge Robert Blink on Wednesday approved a settlement for $2.45 million between a class-action group of tenants and former tenants of Elsie Mason Manor and Ligutti Tower and First Baptist Elderly Housing Foundation, First Baptist Housing Foundation and American Baptist Homes of the Midwest, which were the operators of the two buildings in downtown Des Moines besieged by bedbugs. The roughly 225 residents of the buildings are low-income and disabled, and they will share payouts from the settlement that will be based on the amount of time they resided in the buildings between October 2007 and August 2013.

The problems with the bedbugs at the two buildings in question in Des Moines began in 2007, and the residents, assisted by a team of lawyers, employed a state law called the “Private Right of Action” to forward their case. That law permits consumers to sue businesses that engage in deceptive practices, unfair practices or misrepresentation, or that fail to disclose material facts. In 2009, Iowa became the last state in the United States to enact such a law.

The settlement was reached with the former owners of the two buildings making no admissions related to negligent conduct, which was a charge that the class-action group stood by. Landlords whose property has been found to have bedbugs routinely deny negligence and often point the finger at tenants as the party to have introduced the pests into the property, which the operators in the Des Moines case also claimed was the case.

Regardless of who has been the host to have introduced bedbugs into a building, once they are established, bedbugs can spread like a wildfire from one apartment unit to another – and they are difficult to eradicate. Oftentimes, a landlord may employ inexpensive means for getting rid of the bedbugs that not only prove to be ineffective but also may very well worsen the infestation as well as the aggravations and inconveniences suffered by the affected tenants.

Des Moines is one of many cities across the United States that has experienced significant cases of bedbug infestations. In fact and much closer to home, San Francisco has had major problems with bedbug infestations in recent years. Indeed, according to the San Francisco Chronicle, in 2013 the city’s Department of Public Health received 586 complaints of bedbugs in hotels or apartment buildings, which was a five-year high. And while bedbugs are often associated with unsanitary conditions, the itch-inducing pests can even show up in top-of-the-line hotels.
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From a Green Lawn to Dying Creeks and the Potential Human Impact

June 6, 2014 | Gregory J. Brod

When people think of the dream of home ownership, they often form a picture in their minds that includes a lovely home set on a well-manicured and very green lawn. In order to make this dream a reality, at least insofar as it involves a lush lawn, many rely on pesticides and other chemicals. Professional lawn care companies use such substances to produce green lawns for both residential and corporate clients (ex. office parks with built-in green spaces). Unfortunately, these chemicals are not without their downsides. Our Bay Area toxic chemicals attorney is concerned about these downsides, particularly when the impact the health of our community members.

Research Shows Pesticide Runoff Poisons Area Creeks, Threatens Creek-Dwelling Creatures

A recent report in the Contra Costa Times raises concerns about the impact of pesticide runoff on the county’s waterways. Notably, environmental scientist Dr. Donald Weston has led interest groups expressing concern about a species of tiny crustaceans, Hyalella Azteca, and a red worm-like species called Chironomus dilutus. He worries that pesticides applied to lawns are leaking into area creeks and killing the aforementioned species. Weston notes that the Hyalella Azteca crustanceans are particularly sensitive to insecticides used in professional-level lawn care products and household items like Raid. Additionally, the Chironomus creatures are being killed due to exposure to a flea-killing pet treatments that are also used for ant and termite control. Both the presence of lethal chemicals and the growing resistance of aquatic life to even high levels of chemicals.

Understanding Injury Law: Preparing Your Case Begins with the Facts

June 2, 2014 | Gregory J. Brod

As a law firm for people injured in car accidents in San Jose and throughout Northern California, we know that every car accident is complex. We take a comprehensive view of every case, closely examining the facts to identify every person/entity whose acts contributed to the incident and anticipating the defenses they might raise. This fact-first approach to civil injury law allows us to prepare the best possible case, using the facts and the law to explain why our client it entitled to recover money damages from the identified defendants.

A single-car accident might include product-related claims for a faulty tire and complex municipal liability issues related to a long-unrepaired pothole and anticipated defenses involving immunity and the driver’s failure to wear a seatbelt. Complexity may be more overt in multi-car accidents such as the accident near Sunol that occurred early Saturday evening and, per the San Francisco Chronicle, left one dead and several injured. As of the time of the article, investigators would not even hazard a guess (at least publicly) as to what caused the accident that closed the westbound lanes of Highway 84 in a portion of rural Alameda County for several hours.

Our Hypothetical

Wake Up, California: Sounding the Alarm on Drowsy Drivers

May 30, 2014 | Gregory J. Brod

While working with the wrongfully injured is something we do on a daily basis, the team at our Santa Clara car accident law firm is not immune to the basic human response to certain avoidable tragedies: anger. It angers us when we see injured people and grieving families hurt by someone else’s bad choices, such as the decision to drink and drive or text behind the wheel. Another unnecessary risk with potentially tragic — and utterly avoidable — consequences is drowsy driving. The dangerous act of sleep-deprived driving angers our team, and this is part of why we serve the injured, but our emotions are nothing compared with the loss, pain, confusion and anger felt by the victims.

Crash Leaves On-Patrol Officer with Broken Legs, Investigators Eye Fatigue as a Factor

According to The Press Democrat, CHP Officer Steven Rutledge was patrolling Highway 101 Northbound in Santa Clara on Sunday when he pulled over a driver at around 8 A.M. As he was leaning into his own vehicle, a Mitsubishi veered off the road and hit the police cruiser. Officer Rutledge, knocked unconscious by the impact, tumbled into his car. Fearing a fire, the driver who had been pulled over (who was thankfully uninjured) dragged Officer Rutledge out of the crumpled vehicle. The crash left Officer Rutledge, a new father who recently transferred to Sonoma County from Los Angeles, with two broken legs.

Bill May Curb Ellis Act Evictions, but S.F. Tenants Face Potential for Harassment

May 29, 2014 | Gregory J. Brod

The problem of finding affordable housing in San Francisco has been a longstanding one, and as rents have skyrocketed in the city the ability of tenants to remain in their homes has become an increasingly salient issue as well. And as property values have gone up, so too has the incentive for landlords to exit the rental market altogether, with many who chose that course employing the Ellis Act to evict their tenants. After Thursday’s vote in the state Senate to pass a bill curbing Ellis Act evictions, there may be hope for renters who face such situations, but as San Francisco landlord-tenant attorney Gregory J. Brod would point out, there is another, insidious means, namely harassment, that some landlords may resort to in order to try to drive out their tenants.

First, though, the news for tenants on Thursday was promising on the issue of Ellis Act evictions. According to the San Francisco Chronicle, the upper chamber of the state Legislature passed a measure, SB1439, sponsored by state Sen. Mark Leno, D-San Francisco, that would require a landlord to own a building for at least five years before he or she could evict tenants via the Ellis Act. That 1986 law permits property owners to evict tenants so that they may get out of the rental business, but in recent years speculators have, according to Leno, employed the Ellis Act in order to purchase affordable properties, evict tenants, renovate and then put the property on the for-sale market for profit. The process has been responsible, in part, for the city’s rent-controlled housing supply dropping by more than 1,000 units in the last two fiscal years.

While the news on the Ellis Act front may be good for renters, another method some landlords use to oust tenants is through out-and-out harassment, which can manifest itself in a variety of ways. The various guises of landlord harassment are spelled out by San Francisco’s Rent Board in Section 37.10B, including the following means that landlords, agents, contractors, subcontractors or employees of landlords are expressly forbidden from doing:

Interrupt, terminate, or fail to provide housing services required by contract or by state, county or local housing, health or safety laws;
Fail to perform repairs and maintenance required by contract or by state, county or local housing, health or safety laws;
Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow appropriate industry repair, containment or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
Abuse the landlord’s right of access into a rental housing unit as that right is provided by law;
Influence or attempt to influence a tenant to vacate a rental housing unit through fraud, intimidation or coercion;
Attempt to coerce the tenant to vacate with offer(s) of payments to vacate that are accompanied with threats or intimidation;
Threaten the tenant, by word or gesture, with physical harm;
Violate any law that prohibits discrimination based on actual or perceived race, gender, sexual preference, sexual orientation, ethnic background, nationality, place of birth, immigration or citizenship status, religion, age, parenthood, marriage, pregnancy, disability, AIDS or occupancy by a minor child;
Interfere with a tenant’s right to quiet use and enjoyment of a rental housing unit as that right is defined by California law;
Refuse to accept or acknowledge receipt of a tenant’s lawful rent payment;
Refuse to cash a rent check for over 30 days;
Interfere with a tenant’s right to privacy;
Request information that violates a tenant’s right to privacy, including but not limited to residence or citizenship status or Social Security number;
Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such dwelling unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy.

The penalties and other monetary awards for violating the aforementioned provisions can be substantial. They can include liability for each and every offense for monetary damages equivalent to no less than three times actual damages suffered by the aggrieved tenant, including damages for mental and emotional distress, or for statutory damages in the amount of $1,000, or whichever is greater, and whatever a court deems appropriate. In addition, a tenant who is the prevailing plaintiff would be entitled to reasonable attorney’s fees and costs as well as potential punitive damages.
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Summer Safety Primer: Avoiding Accidental Pool Drownings

May 26, 2014 | Gregory J. Brod

With the informal kickoff to summer, the young and young-at-heart are looking forward to sunny days on the beach and by the pool. We hope that Summer 2014 will be filled with laughter and a time for people throughout our Northern California community to build wonderful memories with friends and family. Safety is crucial to ensuring happy summer memories are happy, not tragic. As the summer begins, our San Francisco child injury law firm looks at one major element of summer safety – preventing accidental drownings.

Summer Drowning Statistics

Drowning can occur in any season, but vigilance is especially important in the summer months. A news release authored by the Consumer Products Safety Commission (“CPSC”) reports that at least 202 children aged 1-14 years drowned between Memorial Day and Labor Day 2013. Consistent with the fact that drowning is the number one cause of accidental death for children between 1 and 4 years old, 143 of these were children under age 5. California saw the third highest number of summer drownings for children under age 15, with media reporting 23 occurrences, a number the CPSC suggests may be under-inclusive.

Spotlight on Listeria as Retailers Pull Dips from Shelves Nationwide

May 23, 2014 | Gregory J. Brod

Many of us have experienced the horrible feeling known as food poisoning. Illness can kick in anywhere from hours to days after eating and often involves intense gastrointestinal symptoms including vomiting and diarrhea. Most cases involve a very intense but relatively brief period of sickness. However, some foodborne illnesses can be life-threatening and our California food safety lawyer is following a voluntary recall involving a potentially fatal danger – listeria contamination.

Hummus & Other Dips Recalled for Possible Contamination

According to The San Francisco Chronicle, more than 14,000 pounds of hummus and other dips are being voluntarily recalled due to concerns they may carry the listeria bacteria. The dips are distributed by Hot Mama’s Foods of Massachusetts and sold across the nation including at the popular Trader Joe’s retailer and under the Archer Farms label at Target stores. Officials with the Texas Department of Health identified the threat and the company has asked all retailers to remove the potentially affected products from their shelves. Additionally, the Food and Drug Administration (“FDA”) recommends that customers who purchased any of the dips either throw out the items or return them to the place of purchase for a refund. A complete list of items involved in the recall can be found on the FDA website. Thankfully, no cases of illness had been reported at the time of the Chronicle’s article.

“The Car Was Out of Control” – A Lesson in Excuses from your Oakland Injury Lawyer

May 21, 2014 | Gregory J. Brod

Talk to a driver who crashed into another car, an object, or even a person and you’ll often hear the same claim: “I lost control of the car.” Even when the statement is true, it is often said in an attempt to disclaim responsibility. It is, quite simply, an excuse. As an experienced Oakland car accident injury lawyer, Attorney Gregory Brod understands that losing control of a car is typically the result of a prior action (or inaction) by the driver; meaning that the driver is indeed at-fault and can be held liable for the resulting collision. In some cases, the loss of control excuse may also point to other liable parties and other possible sources of compensation for someone injured in such an event.

The “Why” – What Caused a Loss of Control

A section of the How Stuff Works website addresses the question “How do you stop an out-of-control car?” In the process of answering that question, the site also points to the reasons behind a loss of control, dividing the triggers into two main categories: Equipment/Mechanical issues and Weather/Road Condition problems.