San Francisco Injury Lawyer Blog

Oakland Housing Lawyer on the Promise of Habitability

January 29, 2014 | Gregory J. Brod

At one point, perhaps in our earliest years on our own, most of us lived someplace “less than perfect.” It may have had virtually non-existent water pressure, windows that didn’t open, or lingering odors from a prior tenant’s incontinent cats. There is, however, a level of living conditions that no one should have to face. It is a deplorable level of circumstances that render a unit uninhabitable and can violate both state and local laws. People facing such conditions should consult an experienced Oakland landlord-tenant lawyer for help.

Tenants Tell of Deplorable Conditions in Oakland Apartment Building

In a San Francisco Chronicle report, the tenants of the 55-unit Booker Emery building are speaking out about the terrible living conditions they claim have plagued the West Oakland apartment complex for years. A 28 year-old resident named Tiffany says the complex is infested with roaches, bedbugs, and mold and that the landlord has refused to fix these problems and others, such as leaky pipes, during her four years as a tenant. She says the mold and bacteria made her ill and that she was bitten by bedbugs and roaches at the 715 Peralta Street location located near the West Oakland BART station.

California Special Needs Lawyer Comments on Autistic Wandering & Elopement

January 27, 2014 | Gregory J. Brod

There are few things more terrifying to a parent than the loss of a child. Perhaps one of those “few things” is a preventable loss, a loss that should never have happened. Even when it was someone other than the parent who made the deadly error, the parent is left wondering if there were warning signs and often spends a lifetime in self-doubt. At our San Francisco child death law firm, we believe that it is important to identify those truly at fault, to hold them responsible and to send a message that may prevent future tragedies. One such form of preventable death is the loss of a child due to autistic wandering, an issue similar to the threat of dementia-related wandering that we previously discussed in this blog.

Remains Identified as Autistic Boy Who Wandered Away from School

Last week, CNN reported on the tragic end to the story of a missing autistic boy. Fourteen year old Avonte Oquendo disappeared from his school last fall. Avonte was autistic, had the mentally capacity of a typical 7- or 8-year old child, and was unable to communicate verbally. Hopes for his safe return were dashed last Tuesday when DNA conclusively identified the boy’s remains.

Hit-and-Run in Hercules All the More Shocking Due to Film Footage

January 24, 2014 | Gregory J. Brod

Collisions between motor vehicles and pedestrians are often unnerving enough on their own, but when the pedestrian is injured by a hit-and-run motorist, the incident suddenly becomes much more disturbing – and criminal – in nature. San Francisco pedestrian accident attorney Gregory J. Brod would point out that, unfortunately for the victim, a hit-and-run motorist is literally driving off with some key evidence. In a world that is increasingly filmed, though, sometimes the motorist’s actions are caught on camera.

That, apparently, is what happened in Hercules early on the morning of Jan. 17, when, according to KTVU News, a surveillance video from a passing bus caught a sport utility vehicle strike a man who was trying to complete his passage in a crosswalk. But what the SUV’s motorist did after his vehicle collided with the 70-year-old victim was truly shocking.

“He then stopped his vehicle, got out, and walked over to the victim,” said Hercules Police Department spokeswoman Connie van Putten. “And then when somebody asked him if the victim was OK, he said ‘well, he’s breathing,’ then got back in his car, backed up, drove around the victim and left.”

The police recently released the surveillance video from the bus, whose driver witnessed the hit-and-run incident and helped to alert the police. According to the police, the motorist remained at the site of the collision less than one minute before ditching the scene, leaving a stunned witness to call for help.

The victim, who was crossing the street to catch the bus, hit his head after being struck by the SUV, which lunged forward from a complete stop to hit him. The victim was hospitalized for a few days but is now recovering at home.

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In taking off from the scene, the motorist was dashing away with some valuable evidence, namely, his vehicle, which could very well have emerged from the collision with telling front-end damage. But fortunately in this case, the motorist did leave behind a valuable piece of evidence in the form of the film image of him striking the pedestrian. And that video left little doubt for the police to conclude that this hit-and-run accident was an easy call to make.

“They (motorists) have a bump and think maybe they hit a rock or an animal or something,” said van Patten. “They don’t realize they had an accident, but in this case, it was very clear he did hit a person.”

The availability of a video of the incident will help to identify and track the suspect in the hit-and-run collision, who, if caught, faces felony charges. It also serves as a reminder that anyone who has been injured in a collision with a motor vehicle should, if at all possible, take as many photographs and/or video of the scene of the incident, or, even better, of the incident itself.
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Witnesses Call Into Question the Safety of the Bay Bridge, 4 Months After Re-Opening

January 24, 2014 | Gregory J. Brod

As a San Francisco accident law firm, we know that there are many reasons for accidents. We find it particularly upsetting when the accident is caused by a known threat such as a brake problem a repair shop failed to address. This can be made even worse when the accident has tragic and catastrophic results, such as a major bridge collapse caused by known deficiencies. While the collapse is imagined, the possibility of a span with known problems appears to be all too real. It is the type of tragedy that should be prevented and that can give rise to municipal liability if the tragedy is allowed to occur.

Overview of Allegations

The San Francisco Chronicle reports that both an engineer with Caltrans and an outside expert have accused Caltrans of ignoring warnings about cracked welds on the Bay Bridge. Further, the engineer says officials told him to refrain from putting his concerns in writing to prevent the objections from being publically available. The current charges are separate from problems with steel fasteners discussed on this blog previously. Caltrans denies the charges and says the concerns were properly addressed and the welds approved by an outside panel.

Utility Pole Collisions

January 22, 2014 | Gregory J. Brod

Utility poles — their name alone points to their usefulness. From carrying electrical wires and communications cables to serving as home to street lights, traffic signals, trolley wires, and more, they are an essential part of the modern landscape. Despite their “utility,” the poles can prove dangerous. Utility pole accidents can cause serious, catastrophic injuries and the collisions carry a high risk of occupant death. When another driver’s actions lead to a utility pole collision, our Oakland car crash lawyer can help victims recover critically needed money damages.

Hayward Man Killed in Light Pole Crash

On Monday, the Alameda County Coroner’s office identified the victim of a fatal single-car accident that occurred in Hayward on Sunday evening. As reported by The Oakland Tribune, 21 year-old Omar Alimi of Hayward died in the collision along the 30000 block of Industrial Parkway SW. Witnesses told police that Alimi had been driving erratically, moving across lanes, and possibly speeding before crashing into a light pole. Police said Alimi was not wearing a seatbelt.

Tools to Keep Children Safe: WHALE Program and Rules on Car Seat Replacement

January 20, 2014 | Gregory J. Brod

The best accident is the one that never happens. When an accident does occur, minimizing injuries and preventing deaths is critical. Our firm has vast experience in plaintiff-side injury litigation, including Northern California child injury lawsuits. While we vigorously represent the wrongfully injured, we favor prevention over litigation — a sentiment shared by our clients who’d turn back time if they could and choose avoiding injury over receiving money damages. If an accident does occur, we believe in minimizing injuries and preventing fatalities. This post looks at two safety measures aimed at protecting child car accident victims, one that gives emergency responders vital information and another that addresses when you must replace safety seats after an accident.

WHALE Program Provides Responders with Useful Information About Young Children

The National Highway Safety Association (“NHSA”) is one of the partner organizations involved in the WHALE Program, which stands for “We Have A Little Emergency.” A program brochure notes that 63,000 children under age four were involved in car accidents in 2002 alone. If the adult(s) travelling with a young child cannot speak due to serious injury or death, emergency personnel may have a difficult time identifying the youth and any of his/her special needs. This information is vital. Simply knowing a child’s name can help ease fear, while information about an allergy can be a life-saver. Additionally, knowing who to call, such as a parent (assuming both were not in the car) or other relative, can ensure the proper people are notified of the situation. WHALE is about providing this information to the first responders.

Huge Security Breach at Target May Be Poster Child for Larger Problem

January 17, 2014 | Gregory J. Brod

The post-holiday period is usually associated with exchanges of merchandise, white sales and an anticipation of the Super Bowl. Not too many people expect that the first few weeks of January should be preoccupied by a concern that one’s personal information has been compromised by a security breach, but that’s what many, many people must concern themselves with this month as a result of the revelations concerning a much bigger than originally thought security breach at Target and beyond. And the news has San Francisco attorney Gregory J. Brod wondering whether the latest revelation is just the tip of the iceberg regarding this story.

Malware from the Former Soviet Union
According to CNN, the Department of Homeland Security announced Thursday that malware originating in the former Soviet Union may have infected the point of sale devices of Target, resulting in a massive security breach at the big retailer during the holiday shopping season. The advisory comes on the heels of the known breach at Target, which compromised credit card numbers and other personal information of up to 110 million customers. Target, after initially downplaying the scope of the breach, later owned up to a breach that encompassed such sensitive information as a cardholder’s PIN for a debit card, name, address, phone number and email address.

But more alarmingly, the Department of Homeland Security warning stated that consumers should be aware that the malware that infected Target’s point of sale system may have invaded the point of sale systems of other retailers. Once gaining a foothold in point of sale devices, the malware monitors data processed on the device and passes on the information to a recipient not connected with the retailer.

In the wake of the Target hack – which exposed up to 40 million in-store customers and 70 million additional customers to the breach – the retailer has provided new debit and credit cards to its customers and offered apologies to those whose identities were compromised.

Retailer’s System May Have Been Particularly Vulnerable
But whereas the government has warned consumers to be vigilant in a broad sense over their credit and debit card purchases of merchandise, there is evidence to suggest that Target may have been at the epicenter of data theft this holiday season. According to The New York Times, experts in cybersecurity and credit have stated that Target’s point of sale system was particularly vulnerable to attack from hackers, largely because the retailer’s system was remarkably open. That wide-open porthole, experts say, enabled hackers to casually shop around from system to system and gather information as they pleased.

As a result of the relatively easy installation of the malware, known as a memory scraper, the criminals were able to put credit and debit cards up for sale on the black market – and many innocent shoppers who originally owned the cards began seeing unauthorized charges on their statements.
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With Numbers in, 2013 Goes Down as Deadly Year for Pedestrians in San Francisco

January 16, 2014 | Gregory J. Brod

When there is a collision between a motor vehicle and a pedestrian, the encounter is almost always a no-contest situation – the pedestrian usually emerges as the decided loser from the collision. Unfortunately, San Francisco pedestrians were on the wrong and fatal end of an encounter with a motor vehicle 21 times in 2013, the highest number of pedestrian fatalities in the city since 2007. And San Francisco personal injury attorney Gregory J. Brod is particularly troubled that the city set a six-year high for pedestrian fatalities.

According to the San Francisco Chronicle, the unenviable numbers for pedestrian fatalities in San Francisco were registered through a deadly December, when six people died, including two on New Year’s Eve alone. But while the city did not surpass the 24 deaths recorded in 2007, the number of collisions between pedestrians and motor vehicles has been on an upward trajectory every year since 2009, when there were 734 collisions, to 2012 when there were 948 such collisions. The number of collisions for last year is not yet available.

There have been some notable cofactors involved with pedestrian fatalities or injuries in San Francisco, including the following:

The higher a motor vehicle’s speed, the more likely the pedestrian it strikes will die, as 90 percent die when the vehicle is traveling at 55 mph, 50 percent die at 40 mph, and 10 percent die at 25 mph
The failure of a motorist to yield to a pedestrian is cited as the cause of more than 40 percent of pedestrian collisions
Of those pedestrians who are injured in a collision with a motor vehicle, 70 percent sustained their injuries in an intersection
Approximately one-fourth of pedestrians injured are struck by motor vehicles making a left turn; 10 percent are injured by drivers making a right turn
Sixty percent of all severe injuries and fatalities occurred on just 6 percent of San Francisco’s total miles of streets

A more dangerous environment for pedestrians in San Francisco has become evident even as the city has long had a reputation for being one of the most pedestrian-friendly cities in the nation. Indeed, city officials have long vowed to address pedestrian safety, and successive mayors have made a reduction in the number of severe injuries and fatalities a municipal priority.

Interestingly enough, when it came to assessing fault in fatal collisions between motorists and pedestrians in 2013, the San Francisco Police Department put the blame on the motorist in 14 of the 21 cases and determined that the pedestrian was at fault in seven of the cases.
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California Elder Law Attorney on Potential Reforms for Assisted Living Facilities

January 15, 2014 | Gregory J. Brod

As the Baby Boomers grow older, it is becoming more and more important to have options in senior care. The needs of California’s seniors vary greatly, from those who may just need a little extra help around the home to those who are ill and need round-the-clock care. Assisted living facilities are a terrific option for those who are unable to live independently but do not need the services of a nursing home. Sadly, the problems commonly referred to as “nursing home abuse” can also affect residents of these intermediate care facilities. In addition to representing the victims of abuse in assisted care facilities, our San Francisco elder care attorney supports measures aimed at preventing abuse from occurring in the first place, a view consistent with our overarching philosophy that prevention should always come first.

California Legislators Eye Reforms to Assisted Living Facility Regulations

According to the San Francisco Chronicle, a group of California lawmakers is working to enact changes to the rules for licensing assisted care facilities in the state, including providing improved public access to complaint files and increased training requirements. State Senator Mark Leno and Assemblywoman Nancy Skinner are among those who have introduced bills addressing senior residential care concerns. Overall, more than a dozen bills are part of the reform package spurred in part by the events at Valley Springs Manor in Castro Valley where the facility “closed” with more than a dozen residents left behind. Although costs have not yet been determined, Leno believes the money will be found.

Deer Crashes: Statistics, Prevention, and Protecting the Injured

January 12, 2014 | Gregory J. Brod

Crashes have many causes, a fact our San Francisco car crash lawyer knows from experience. In some cases, something that is otherwise gentle and innocent can lead to a terrible accident – a truth typified by deer crashes.

Deer-Vehicle Accident Statistics

An October 2012 report by the Insurance Journal notes that the problem has been compounded by urban sprawl and construction through deer habitats that lead to animals being displaced. From July 1, 2011 to June 30, 2012, the United States saw an estimated 1.23 million deer-vehicle collisions. The crashes caused over $4 billion in vehicle damage. The Insurance Institute for Highway Safety notes that 200 people die in deer-related crashes every year. Notably, State Farm reports that, in the past four years, the number of deer-vehicle claims paid out grew by 7.9%, compared to an 8.6% decline in other moving vehicle claims.