San Francisco Injury Lawyer Blog

Yerba Buena Island Fire: Reminder of Danger of Fireworks

October 7, 2013 | Gregory J. Brod

A curious twist has surfaced from Sunday’s traffic-snarling fire on Yerba Buena Island as a San Francisco Fire Department official stated that the SFFD received telephone calls suggesting fireworks may have sparked the blaze. There were no reported casualties caused by the fire, but it may surprise people to know that fireworks are responsible for a significant number of injuries every year in the United States, a fact that raises burn injury, products liability and negligence issues thatSan Francisco attorney Gregory J. Brod has experience with.

Sunday’s fire on Yerba Buena Island erupted about 8 p.m. near the Bay Bridge’s western span and was contained in about two hours. However, eastbound commuters, many of whom were returning home from a San Francisco 49ers game, were stuck in traffic on the bridge after the fire prompted the shutting down of two eastbound lanes while firefighting crews battled the blaze. Dry, warm weather may have helped provide more ideal conditions for the fire, but reports suggest that another combustible element may have been a factor.

“We had some initial reports from telephones that there could have been some fireworks involved,” said SFFD Assistant Chief Matthew McNaughton, according to KGO-TV. SFFD firefighters are in the process of investigating the fire and what triggered it.
Regardless of the final outcome of the SFFD’s investigation, some facts are on the record about the perils of fireworks, according to statistics from the National Fire Protection Association and the National Council on Fireworks Safety, including the following:

Every year in the United States there are 9,300 serious injuries caused by fireworks, with an average of four deaths due to fireworks.
Forty percent of all fireworks-linked injuries in the United States are caused by illegal fireworks.
In 2011, hospital emergency rooms in the United States treated an estimated 9,600 people for fireworks-related injuries, and fireworks reportedly caused the death of eight civilians.
In 2011, there were an estimated 17,800 reported fires caused by fireworks in the United States, including 1,200 structure fires and 400 vehicle fires that resulted in direct property damage of $32 million. On average, 20,000 fires in the United States each year are blamed on fireworks.
Forty-five percent of injuries caused by fireworks are sustained by children under the age of 14.
On average, every year 400 Americans lose sight in one or both eyes due to fireworks.
In 2010, 61 percent of emergency room fireworks-related injuries were sustained by the extremities of the victims and 34 percent were injuries to the head.

Teens Speeding: Reducing this Safety Threat

October 7, 2013 | Gregory J. Brod

Last month, our San Francisco injury law firm shared a blog post focused on the dangerous combination of teen drivers and speed. In that entry, we focused on statistics and stories demonstrating the increased danger posed by speeding teens. Those numbers lend urgency to the discussion in today’s post, which looks at reasons why teens speed and what can be done to stop the threat. We hope this inquiry will prevent speed-related crashes and keep travelers of all ages safe on California’s roads.

A Quick Review of the Risk

As noted in our prior discussion, the Governors Highway Safety Association (“GHSA”) released a report earlier this year titled “Speeding-Related Fatal Crashes Among Teen Drivers and Opportunities for Reducing the Risks.” The study sought to fill a gap in safety studies, noting that there is compelling evidence of the danger posed when teens speed but that the link “remains under the radar when crash risk is highlighted.” In brief, statistics show that speeding is a factor in 33% of fatal crashes involving teens, but speeding is only implicated in 19% of fatal accidents involving adults. Speeding is also a bigger threat when teen drivers are carrying teen passengers than when a teen drives alone.

Now-Infamous Motorcycle Road Rage Incident Follows Grim Numbers on Fatalities, Injuries

October 4, 2013 | Gregory J. Brod

While accidents involving motor vehicles are, unfortunately, all too common in the United States and not particularly unusual from a news reporting standpoint, occasionally accidents occur that are so offbeat or even bizarre that they generate sustained public interest, often from across the nation. One such incident occurred Sunday in New York City when a group of motorcycles and a sport utility vehicle had a fateful encounter that has captivated the nation and drawn the interest of San Francisco personal injury attorney Gregory J. Brod.

The incident in question involved a large group of motorcyclists who had gathered in New York City on Sunday for a planned but unauthorized ride that was disrupted by the police, and the motorcyclists ultimately ended up in a confrontation with a family of three in an SUV on the city’s Henry Hudson Parkway. While many details of the confrontation remain to be determined, a video from the helmet-mounted camera of one of the motorcyclists has surfaced on YouTube showing the motorcyclists surrounding the SUV, the two parties slowing down, and the SUV hitting one of the motorcycles from behind. After halting, the SUV suddenly accelerates forward, striking several of the motorcyclists as it tries to flee. One of the motorcyclists was seriously injured and remains in a hospital, but many of the remaining motorcyclists give chase to the SUV up the parkway and then onto the streets of the city. Along the way, the SUV briefly stops, and one of the motorcyclists attempts to open the SUV’s door before the vehicle takes off again. Eventually, though, once the SUV exits onto city streets, the motorcyclists manage to encircle the vehicle while it is stuck in traffic, and at least one of the motorcyclists is seen in the video attacking the SUV with his helmet.

The dramatic chase culminated in the beating of the driver of the SUV and, according to the New York Times, the wife of the driver said that she and her husband were terrified when what she called “a mob of reckless and violent motorcyclists” surrounded their SUV after it hit one of the motorcyclists from behind. Their fears and attempt to flee were justified, she said, by the eventual beating of her husband.

The injured motorcyclist has garnered much attention and sympathy, but setting aside liability in this particular incident, his injuries are reflective of a disturbing national trend. According to the Centers for Disease Control and Prevention, deaths and injuries from motorcycle collisions regardless of the cause rose from 2001 to 2008 in the United States. Here are a few of the CDC findings:

Between 2001 and 2008, motorcycle death rates increased 55 percent, with more than 34,000 motorcyclists having lost their lives during that period.
Between 2001 and 2008, the number of nonfatal motorcyclist injuries that were treated in an emergency department increased from nearly 120,000 injuries in 2001 to about 175,000 in 2008, with an estimated 1,222,000 motorcyclists treated in an ED for a nonfatal motorcycle-related injury.

California’s statistics on motorcycle-involved fatal and injury collisions mirrored the national figures from 2001 to 2008, according to the California Highway Patrol. However, the CHP reports that data from 2009 and 2010 show that motorcycle-involved collisions are down significantly in the Golden State. Interestingly and somewhat surprisingly, California is one of only 20 states and the District of Columbia to require motorcyclists to wear helmets, according to the National Highway Traffic Safety Administration. California is also the only state in the nation to officially state that, when done safely, so-called lane-splitting by motorcyclists is legal.
Continue Reading ›

Update: Battery on $70,000 Tesla Model S Electric Car Eyed in Tough-to-Battle Vehicle Fire

October 4, 2013 | Gregory J. Brod

Cars are complex machines. Most of us rely on them daily and we trust that they will work as expected. Faulty cars can be extremely dangerous and can cause injury or even lead to the death of the driver, passengers, occupants of nearby vehicles, and/or other bystanders. While the phrase “defective vehicle” may conjure up images of a low-budget lemon, a recent headline is a reminder that even some of the most expensive vehicles boasting the latest technology can hide a dangerous defect. As a San Francisco product liability lawyer with added experience in automobile accidents, Attorney Brod can help when an automotive defect leads to tragic consequences.

Tesla Catches Fire in Seattle Suburb

As we discussed yesterday, officials have linked a vehicle fire near Seattle to a problem in the battery pack of a Tesla electric car, as discussed in an Associated Press report carried by the San Francisco Chronicle. The incident occurred on Tuesday as the driver of the Model S Tesla was travelling south on State Route 167 through Kent, a suburb of Seattle. The driver told authorities that he thought he had struck some form of metal debris, leading him to exit the highway. He said that the vehicle became disabled and he had begun to smell something burning when the vehicle caught fire. Firefighters arrived on scene only three minutes after the first emergency call and remained there for 2 ½ hours, although it is unclear how long the active firefight lasted. Trooper Chris Webb with the Washington State Patrol indicated that the fire damage was too extensive to allow officials to see whether there had been extensive damage due to the debris the driver had hit before the fire.

Fire Involving Tesla Sedan Rekindles Concern over Safety of Electric Cars

October 3, 2013 | Gregory J. Brod

Theoretically, consumers face the potential for buying a defective product every time they go shopping, with an array of consumer products from the most simple or small to the most complex or large quite possibly putting a person at risk for injury. Among consumer products that fit the latter description, automobiles are perhaps one of the most iconic examples, and San Francisco products liability attorney Gregory J. Brod has been closely following developments in the auto industry that could impact consumer safety.

https://www.youtube.com/watch?v=q0kjI08n4fg

The production of electric and hybrid cars has been one of the more exciting developments in the automobile industry, but the technology remains very much a work in progress, with studies on safety issues an ongoing process. An electric or hybrid car’s battery is usually the focus of any safety investigation, with any such safety probe in the past as the result of a fire that has erupted for some reason in the car’s battery. For example, last year the Chevrolet Volt plug-in hybrid was the subject of stepped-up scrutiny after a number of fires broke out after test crashes of the vehicle. General Motors, the vehicle’s manufacturer, stated that the fires were the result of a coolant leak and short circuit that was triggered when the car’s battery pack was punctured during the test crashes.

Company Stock Takes Hit After Model S Reportedly Strikes Object, Bursts into Flames
On Wednesday, another incident involving an electric car model, this time one manufactured by Tesla Motors, was in the news due to a fire. As reported by USA Today, investors in the Palo Alto-based company took a 6.24 percent hit in the price of their shares after a video surfaced on YouTube showing a Tesla Model S catching on fire on Tuesday. The sedan was traveling on state Route 167 near Seattle when, according to the driver, it struck some debris on the highway and burst into flames. Tesla Motors issued a statement Wednesday saying that the fire was caused by “substantial damage” to the car when the driver hit a large metal object on the road and that the flames were contained to the front of the vehicle.

Other than the shareholders who were singed from the incident – and obviously rattled by concerns over the vehicle battery’s safety – no one was hurt in the fire that damaged the ill-fated Tesla Model S on Tuesday. While car fires are not particularly unusual, those involving electric or hybrid vehicles have been closely monitored by safety officials due to concerns that lithium-ion battery systems might be more susceptible to fires.

Government Urges Public Awareness on Safety Measures for Electric Vehicles
In the wake of the recent controversy surrounding the Chevrolet Volt, the National Highway Traffic Safety Administration conducted a safety defect investigation and issued a statement on Jan. 20, 2012, saying that it didn’t believe that Chevy Volts or other electric vehicles pose a greater risk of fire than gasoline-powered vehicles. However, the NHTSA also stated that electric vehicles have specific attributes that should be made clear to several key constituencies, including consumers, and that the agency has developed interim guidance to increase awareness and point out appropriate safety measures for those concerned.
Continue Reading ›

Sexual Assault of Minors: the Ultimate Abuse of Power

September 30, 2013 | Gregory J. Brod

A person who has been subjected to sexual assault experiences one of the most degrading acts imaginable, and the issue of power is often at the center of the perpetrator’s unwanted advances toward the victim. But when it comes to an imbalance of power in the context of a sexual assault, nothing quite stoops as low as the sexual abuse of a minor, and San Francisco attorney Gregory J. Brod is experienced at seeking just compensation for the violation of such victims’ rights.

Two unrelated cases of alleged sexual abuse of minors in the Bay Area cropped up in the news this week, both involving cases in which the accused perpetrator was a law enforcement officer. According to the San Francisco Chronicle, a Hayward police officer was arrested and booked Saturday on suspicion of substantial sexual conduct with a minor in connection with alleged acts of abuse with several girls while the officer worked in Livermore as an after-school program teacher. In the other case, a San Mateo County sheriff’s deputy was arraigned Monday on charges that he molested a young female relative, also according to the San Francisco Chronicle.

Unfortunately, as shocking as it may seem, alleged cases of sexual abuse of minors by a figure known to the victim such as the aforementioned examples are all too common in the United States. Indeed, according to a 2003 National Institute of Justice report, 75 percent of adolescents who have been sexually assaulted were victimized by someone they knew well. In circumstances where a minor has been sexually assaulted, an authority figure such as a law enforcement officer, teacher, religious leader or adult relative has often won the trust of the child well before the violation occurs, making the abuse all the more reprehensible.

Here are some other notable statistics from studies on sexual abuse against children from the National Center for Victims of Crimes:

One in five girls and one in 20 boys is the victim of child sexual abuse;
During a one-year period in the United States, 16 percent of youth ages 14 to 17 had been sexually victimized;
Over the course of their lifetime, 28 percent of youth ages 14 to 17 in the United States had been sexually victimized;
Children are most vulnerable to sexual abuse between the ages of 7 and 13

The consequences of sexual abuse against children can be profoundly damaging to its victims, both physically and psychologically. A minor who has been subjected to extended sexual abuse often develops low self-esteem, a feeling of worthlessness and an abnormal or distorted view of sex. In addition, such children may become withdrawn and mistrustful of adults, and they can even become suicidal.
Continue Reading ›

Protecting Older Pedestrians

September 29, 2013 | Gregory J. Brod

Living in a city, particularly a temperate one, means that walking can be a realistic option for day-to-day errands and social engagements. Walking also helps individuals improve and maintain their personal health. This is particularly true for older pedestrians who can benefit from the low-impact cardiovascular exercise. Unfortunately, pedestrians also face the threat of accidents and this risk is particularly high for older pedestrians whose bodies may also make them more vulnerable to serious injury or death. When these accidents are the result of driver negligence, our Oakland pedestrian injury law firm can help.

Seventy-One Year Old Pedestrian Hit and Killed in Oakland’s Chinatown

Last week, according to an article in the Oakland Tribune, an elderly pedestrian was hit and killed in Oakland’s Chinatown neighborhood. Police believe that 71 year old Quinoon Li was on her way to do some shopping on the morning of Wednesday September 25. She was crossing Alice Street, heading south in the crosswalk at the intersection with Ninth Street, when she was hit by a Toyota pickup truck. The vehicle was driven by an unidentified 44 year-old man from San Lorenzo who told police he had been blinded by the sun while travelling east on Ninth Street and did not see Li. Responders took Li to Highland Hospital where she died later that morning. Police released the driver pending further investigation.

Northern California Cities Top List for Increase in Bedbug Infestation

September 28, 2013 | Gregory J. Brod

There is a lot to be proud of as a resident of Northern California. In 2012, Bloomberg Business Week declared San Francisco the Best City in America, citing its top score for education as well as praise for the arts scene, the beautiful scenery, and air quality. However, San Francisco and other North California cities also made a less brag-worthy list — Terminix’s cities with the biggest increase in bedbug infestations (San Francisco is #12, Sacramento is #1). Renters have borne a substantial portion of the bedbug crisis and our San Francisco bedbug law firm helps tenants fight against landlords who ignore the problem of bedbug infestation.

Bedbugs Generally

As detailed in a Fact Sheet assembled by the California Department of Public Health, bedbugs are parasitic insects that range from 1/16 inch to ¼ inch during their ten month life span. They cannot fly so the bugs either crawl or are carried between places. Bedbugs feed on blood, including human blood, and usually feed during the night. Although they do not transmit diseases, their bites can leave behind large, itchy welts. The initial bite is usually painless, rarely waking a sleeping person, and it can take several days for the reaction (an immune response) to appear.

Long-Term Health Dangers of Pesticides Felt from Farm to Homes

September 25, 2013 | Gregory J. Brod

Food safety is an issue of particular concern to toxic tort attorney Gregory J. Brod. The safe consumption of the food that we eat can be affected by a variety of factors along the way from farm to dinner table, including contamination from bacteria and other pathogens. However, one of the most inconspicuous yet pervasive ways that our food can become the agent for illness is through the use of pesticides in the growing process and the long-term cumulative impact those substances have on our health.

A report this week in the San Francisco Chronicle focused on the particular peril farmworkers face from long-term exposure to pesticides. A professor of maternal health and child health and epidemiology and a supporting team at UC Berkeley launched a study of how pesticides adversely affect the health of farmworkers in the wake of the federal government’s decision in the late 1990s to fund research about environmental chemicals and children’s health. The UC Berkeley research found the presence of organophosphate pesticides – commonly used in agriculture but known to harm the human nervous system – in the urine of women in the study group drawn from the Salinas Valley and in greater quantity than in women of child-bearing age elsewhere in the United States. Research has established that children who have been exposed to high levels of pesticides in the womb were more likely to register test result markers that determine the likelihood of attention deficit hyperactivity disorder.

With California a key agricultural state, it stands to reason that the potential exposure of farmworkers to pesticides would be an issue of concern and, indeed, an important treatise on the subject “Fields of Poison 2002” with the subtitle “California Farmworkers and Pesticides” was published a decade ago. But the problem of exposure to pesticides goes way beyond the agricultural sector straight into the lives of consumers. Even though most pesticides used on farms don’t appear in the food we eat there still are troubling facts the Pesticide Action Network of North America has found that are cause for some alarm including the following:

* Tests conducted by the Centers for Disease Control and Prevention found that 93 percent of Americans had metabolites of chlorpyrifos, which is a nuerotoxic insecticide, in their urine. Chlorpyrifos, which has been linked to ADHD, has been banned from home use due to its risks to children.
* Tests have determined that 99 percent of Americans are positive for the presence of DDT degradants, this in spite of the fact that DDT hasn’t been used in the United States since 1972. Studies have found that women who have been exposed to DDT as girls are five times more likely to develop breast cancer.
Continue Reading ›

Protecting Against Pre-Natal Exposure to Toxic Chemicals in California

September 25, 2013 | Gregory J. Brod

It is a tough dilemma and an oft-repeated problem – sometimes working to prevent one danger, we raise the risk of another. An example of this paradox is the use of flame retardants that have negative health consequences, especially seen in pregnant women and their developing fetuses. Our Oakland toxic exposure lawyer has the experience necessary to help those who have been made ill by toxic chemical exposure. We also believe in working to end the use of chemicals where the danger outweighs the benefits.

Tests Show Ban Reduced Presence of Dangerous Chemicals in Pregnant Women

A recent study of blood samples taken from pregnant women found, per reporting by the Oakland Tribune, found that the concentration of PBDEs dropped by two-thirds between 2008 and 2012. Tracey Woodruff, the director for UC San Francisco’s Program on Reproductive Health, ties this to a ban on a dangerous chemicals used in a form for fire retardant. California enacted the ban ten years ago in light of evidence that the products could hurt fertility, cause low IQ in children, and increase thyroid problems.