San Francisco Injury Lawyer Blog

Lead Paint Leaders No Longer Believed to be Next Wave of Toxic Tort Defendants

August 8, 2013 | Gregory J. Brod

Lead paint has been recognized as a dangerous substance that can cause serious injury by the public for some time now. While many modern day lead paint stories come from events like dangerous toy recalls, ten California public agencies, including the city of San Francisco, are making headlines this week in their ongoing battle against major lead paint manufacturers. While lead paint suits may have at one time thought to have been the wave in toxic tort litigation, the recent suits seems to suggest otherwise.

Legalnewsline.com reports that the suit, The People of California v. Atlantic Richfield Company, et. al., is making headlines this week as expert witness testimony is being heard in Santa Clara County Superior Court. Though the suit was filed 13 years ago, the battle is fresh, and, despite urgings from the judge, no settlement appears to be on the horizon. So far, Dr. Gerald Markowitz, an expert historian and professor from the City University of New York, has testified that deregulation in laws permitted paint companies such as Atlantic Richfield Company (also known as “ARCO”) to mix lead paint for tens of years, even though they were aware that there were health hazards associated with it.

Despite this testimony, and other equally as strong evidence, success against the major lead manufacturers is far from a slam dunk. According to Publicintergrity.org, the lead paint industry has successfully defended against approximately 50 suits by various plaintiffs, including states, counties, school districts and states over the last two-and-a-half decades.

Concussion Plaintiffs Seek Class Action Certification in Person in Suit Against NCAA

August 7, 2013 | Gregory J. Brod

Few things could be more thrilling in a college student’s life than playing a college-level sport. The respect of peers, the fun of the game, and the never ending team spirit are the makings of classic American college-level sports players. One thing stands in the way of many professional sports hopefuls, however-traumatic sports injuries. When college-level sports result in massive head injuries, the results for the team, the player, and the sport, are not good.

The proliferation of serious head injuries in college sports has recently spurred action in federal court. According to Mercurynews.com, attorneys for several former athletes have brought suit against the National Collegiate Athletic Association (NCAA) over player safety in the competitive world of college-level sports. The original suit was brought two years ago in a Chicago U.S. District Court, on behalf of a number of former college athletes, including Adrian Arrington, a former football player for Eastern Illinois. Mr. Arrington claimed in his original complaint that lack of safety measures and enforcement on the part of the NCAA caused him to suffer severe and repeated concussions to his head. He is seeking monetary damages to compensate him for the injuries, as well as a court order for the NCAA to adopt policies that would monitor medical conditions of players and guidelines for concussion injuries.

Mr. Arrington and his fellow college-athletes’ suit does not stop there, however. At the end of July this year, Mr. Arrington and the other plaintiffs’ attorneys made a motion to the federal court judge to certify the suit as a class action lawsuit. If class-action status were to be granted by the judge, the plaintiffs could expand the lawsuit to include thousands more injured former college-athletes.

Golf Cart Accident Spurs Family to File Product Liability Suit on Behalf of Victim

August 5, 2013 | Gregory J. Brod

During the summer months, people all over the United States love to head out to country clubs and outdoor shows to enjoy sport, entertainment and leisure. Whether driving down the golf course, or swinging through a rodeo, one of the most favored and convenient form of outdoor transportation is the simple golf cart. What many people forget is that golf carts can be as dangerous as street-legal automobiles, and they must pay attention to the rules of the road, the gas and the brakes. Unfortunately, golf cart accidents happen far too often during the summer months, and this year is no exception. Two recent cases of tragic golf car accidents demonstrate the severity of golf car crashes, and the appropriateness of personal injury and product liability actions in some incidences. golf%20cart.png

The first tragic golf cart accident reported on this week occurred far from the borders of San Francisco, in Hilton Head, South Carolina. According to islandpacket.com, 77-year-old Don Lorber was celebrating his 52nd wedding anniversary last month in Sun City Hilton Head when a horrific accident occurred. Mr. Lorber was driving a golf cart within the community when the cart strayed from the road and struck a car’s bumper and a tree in a community resident’s yard. On August 5, 2013, Mr. Lorber died from a blow to his head suffered during the crash.

Unfortunately, few details about Mr. Lorber’s accident have emerged, and it is unclear whether faulty brakes, operator error, or freak accident caused the cart to veer off of the road. Mr. Lorber’s wife noted that she does not want to second-guess what caused the accident because no matter what, her husband has passed. Ms. Lorber did, however, comment that she hopes the accident teaches people to wear seatbelts while driving golf carts.

Bay Area Boating Injury Lawyer on Boating Education in California

August 2, 2013 | Gregory J. Brod

There are many reasons why people love to live in and visit our Bay Area communities. Our natural resources are among the most popular features drawing people to our area, including the access to the waters of the San Francisco Bay and the Pacific Ocean. Boating offers both recreational and commercial opportunities. Boating safety is important and our San Francisco boating injury law firm believes that boating education is essential to preventing injuries and fatalities on the water.

Boating Accidents and a Lack of a Boating Education Requirement in California

A report from the local NBC Bay Area affiliate calls attention to what seems a surprising legal gap – California has the nation’s second highest rate of boating accidents and yet it remains one of only five states (along with Alaska, Arizona, South Dakota & Wyoming) that permit inexperienced boaters to take the helm with no training, education, or certification requirements. As it stands, the law simply requires that a boater be at least 16 years old, although a boater can be a mere 12 years old if accompanied by an adult.

The Threat of Drunk Driving Deaths in California and Nationwide

July 31, 2013 | Gregory J. Brod

It is a truth we’ve repeated often in these pages and a truth we’ll likely repeat many times in the future — drunk driving kills. We see this truth in the faces of our clients at our Oakland drunk driving death law firm. We are proud to help these grieving families navigate the process of recovering financial compensation. We believe in this work, but we also know that no lawsuit can ever bring back a loved one lost to a drunk driving accident. For this reason, we also believe in prevention and education. The statistics on drunk driving deaths may make the problem seem overwhelming, but preventing even one death makes the fight worthwhile.

Evidence Points to Drunk Driving In Fatal San Leandro Accident

The decision to drink and drive may be to blame in the death of a woman in San Leandro on Sunday.

Keeping Kids Safe and Advocating for the Smallest of Car Crash Victims

July 29, 2013 | Gregory J. Brod

As a San Francisco accident law firm, we see the faces of tragedy. Some of the most pained faces we see belong to families mourning the death of a child. We also see parents struggle as they watch their child confront a painful injury with life-altering consequences. The Center for Disease Control (“CDC”) reports that car accidents continue to be the leading cause of child deaths in the U.S. Child car accident cases are heart-wrenching and we are honored to protect the rights of these young victims.

We also want to be certain that every caretaker knows that safety seats save lives. They aren’t perfect and we see many parents who took every possible precaution. Still, there is a particular sadness in the faces of those who are left wondering “what if.”

CDC Statistics on Child Injury & Child Safety Seats

Tragic Train Crash in Spain and the Role of Accident Reconstruction Experts in California Accident Law

July 26, 2013 | Gregory J. Brod

The images are startling and frightening. Even though the accident happened more than 3,500 miles away, our thoughts immediately went out to the injured victims and the families of those who died in a terrifying train accident in Northwest Spain. Our San Francisco train accident law firm also considered how we’d protect the rights of victims if such a tragedy occurred in Northern California. As with other complex cases, we might work with an accident reconstruction expert to clarify what happened, find out why it happened, and figure out who is to blame.

Death Toll at 80 and Climbing in Spanish Train Crash

According to a CNN report released the day after the crash, Wednesday’s express train accident in Spain left at least 80 dead and more than 170 injured. Teams expect to find more bodies as they dig through the wreckage. The victims include at least five injured Americans. The accident occurred in the region of Galiicia, located in northwest Spain, and just outside a train station for the city of Santiago de Compostela. Alberto Nunez Feijoo, head of Galicia’s regional government, declared a seven day mourning period for the accident victims. The nation’s Prime Minister Mariano Rajoy also called for a nationwide three-day mourning period.

Northern California Elder Abuse Lawyer on Lessons from Case of Captivity, Neglect, and Financial Fraud

July 24, 2013 | Gregory J. Brod

We believe that change often takes the commitment of the community. We are certain that confronting the problem of elder abuse requires people being willing to listen when someone is asking for help, even if it isn’t said in those words. It also requires people being willing to speak and report suspicions. A case caught the attention of our San Francisco elder abuse lawyer, a disturbing case that shows the interplay of physical mistreatment, elder neglect, and financial fraud. The story is also a reminder that abuse can occur anywhere and that reporting concerns can help bring a victim’s nightmare to an end.

Police Find Elderly Men Held Captive and Forced to Sign Over Benefit Checks

Last Friday, as covered by Reuters news service, police in Houston acted on a tip that people were being held captive in a private house. Kees Smith, a Houston police spokesperson, reported that officers found four elderly men being held in a room in the garage of a North Houston home. Located behind a double-locked door, the room contained no beds, no toilets, and only a single chair. The captive victims, all men, included an 80 year old, a 74 year old, and a man in his 50s. Police did not release the age of the fourth man.

Bridge Safety Lawyer Comments on Bridge Collapses as Caltrans Announces Another Problem on Bay Bridge

July 22, 2013 | Gregory J. Brod

Sometimes it seems like a comedy of errors. Construction projects reveal error after error, each issue posing a major safety threat and each repair carrying an even heftier price tag than the one before. Reports of roadway defects are particularly frightening when they involve bridges since even a small miscalculation can lead to a tragic bridge collapse. Given the potentially devastating toll of such events, our San Francisco bridge collapse law firm feels relief when an error is spotted upfront, but we are also left pondering how these errors can occur in the first place. Should a bridge collapse strike the Northern California region, we are prepared to fight for the victims and to help them win money damages from any and all parties responsible for the tragedy.

Caltrans Reports Finding Leaky Shocks on Bay Bridge’s Western Span

In April, we reported on defective rods that shattered as crews building the Bay Bridge’s new eastern span (see report in the San Francisco Chronicle). Late last week, the San Francisco Chronicle carried another frightening report as Caltrans discovered that some of the 96 seismic shock absorbers used in the bridge’s western span are leaking lubricant. The problem arose a mere three years after the shocks were installed and carries a $13 million repair price tag.

San Francisco Injury Lawyer on Accidents Caused by Emergency Vehicles

July 19, 2013 | Gregory J. Brod

Given the size of the Asiana Flight 214 crash, it is likely to be in the news for months to come as investigators uncover more evidence and talk to more witnesses. One of the most unexpected stories to emerge from the crash is the discovery that 16-year-old Ye Meng Yuan, one of two victims to die on the scene (a third died later), had been run over by a fire truck. A report in the San Francisco Chronicle on Wednesday revealed that there are many unanswered questions including whether Ye was alive when the truck hit her and how she had gotten to the spot where she was hit. We are watching this and other issues related to the Asiana crash, but the story had our firm thinking about an interesting issue in accident law: What happens when someone (focusing on innocent bystanders, not fleeing suspects) is hit by an emergency vehicle? The law regarding emergency vehicle accidents in California is complex and, while the following is a brief overview, victims should always consult a San Francisco emergency responder crash law firm.

The Basics: Waiver of Sovereign Immunity, Protection for Employees

The starting rule in a suit against a government body is sovereign immunity (i.e. you can’t sue the state without its consent). In this case, California Vehicle Code Sec. 17001 provides the necessary waiver, rendering public entities responsible for injuries or deaths caused by negligent or wrongful acts/omissions by an employee operating a motor vehicle in the scope of the official’s job. However, section 17004 relieves the employee of liability for civil damages when, in the line of duty, the employee operates an authorized emergency vehicle in response to an emergency call, in immediate pursuit of a suspect, or when en route (but, specifically, not when returning from) to a fire alarm or other emergency call.