San Francisco Injury Lawyer Blog

Tainted Berries Story Still Developing

June 12, 2013 | Gregory J. Brod

Costco is a beloved membership-only warehouse club, known for selling a wide variety and selection of merchandise in large quantities, and their Kirkland Signature house-brand items. For customers who wander their large stores, especially over the weekends, food samples are available for taste testing to promote specific items, a very popular part of a Costco grocery run for the entire family. With a massive inventory of such a great variety of goods, it is not surprising then, for quality and safety problems to arise every once in awhile. However, a link of an outbreak of Hepatitis A to frozen berries bought at Costco, is much more serious as cases and the situation are still being assessed.

mixed%20berries.jpg This story was touched upon last week but we are slowly gathering more information about this incident. The frozen mix of berries, sold as the Townsend Farms Organic Antioxidant Blend, contain cherries, blueberries, pomegranate seeds, raspberries, and strawberries. Investigations are still ongoing from state health departments, the FDA, and the CDC but it is believed that the outbreak is traced to a specific type of pomegranate seed from Turkey. While other berries in the mix may not be contaminated, it is recommended that the entire mix be thrown out as a safety precaution. Even for those who have purchased this particular blend of berries from Townsend Farms, eaten some, and have not experienced symptoms, the rest of the product should be discarded. The contaminated product has been linked to 34 cases of acute hepatitis A in Colorado, New Mexico, Nevada, Arizona, and California since April. Of these 34 cases, 11 have needed hospitalization.

This outbreak has even reached northern California. A 62-year old woman was hospitalized with hepatitis A from Contra Costa County. As of now, Costco have removed the item from shelves, recalled the batch of frozen berries sold at their stores, and are alerting consumers who have bought these berries since June. Hepatitis A can start anywhere from two to six weeks after exposure and/or consumption. Some symptoms include:

San Francisco Pedestrian Lawyer Examines California Law on Bicycles & Sidewalks

June 12, 2013 | Gregory J. Brod

We teach children to look both ways before they cross the road. We teach them to watch for cars pulling in or out of driveway. While we tell them to always be alert, we also teach them that sidewalks are the safest place for pedestrians. However, many pedestrians have experienced a scare due to a bicycle speeding along on a sidewalk. Bicycles on sidewalks have led to pedestrian injury and even death. While our firm is a staunch supporter of bicycle riders, we are also committed to serving as a San Francisco pedestrian injury law firm when rider negligence threatens pedestrian safety.

San Francisco Pedestrian Hit &Injured By Bicyclist Riding on Sidewalk

Although most bicyclists ride responsibly, a story in the San Francisco Chronicle highlights the potential for bikes to be a threat to pedestrians. A woman in her 60s was walking on Market Street, heading east near Stockton Street on Sunday June 9. At approximately 12:25 P.M., the woman was hit by a 21-year-old bicyclist travelling west. Officer Gordon Shyy reports that the pedestrian fell and hit her head after the collision. Emergency services transported her to San Francisco General Hospital with life-threatening injuries. The bike rider did stop and cooperated with the police. Initially, he was cited for riding his bike on the sidewalk, but that citation has been put on hold as investigators decide whether additional charges are warranted.

Dog Bites Boy, Again: Considering California Dangerous Dog Laws Following Pleasanton Attack

June 10, 2013 | Gregory J. Brod

We love pets. Animals, including dogs, can truly become a part of the family. According to WebMD, dogs can even be good for your health helping limit allergies in young children, improving heart health, and even helping their owners make social (or love!) connections. Sadly, however, dogs can also cause significant harm. Dog bites are dangerous, even life threatening. When pets hurt people in the Northern California region, our San Francisco dog bite lawyer can help.

Five Year-Old Bitten By Dog For the Second-Time

A young boy recently became the victim of a dog bite for the second time. As detailed in the San Francisco Chronicle, the five year-old boy was left alone in a room in a Pleasanton apartment where he was bitten in the face by a 96 pound Presa Carnario named Boston. Jeff Bretzing, a Pleasanton lieutenant reported that officers and paramedics found the child with facial injuries. Bretzing noted that the child was taken to a local hospital for treatment of facial wounds. The dog’s owner, Marc Kornberg, was elsewhere in the apartment at the time of the bite. Authorities seized the animal.

Couple Accused of Financial Elder Abuse and Scheming More Than $842,000 from Widower

June 7, 2013 | Gregory J. Brod

Readers of our Oakland elder abuse law firm’s blog know that elder abuse comes in many forms. According to the National Adult Protective Services Association (“NAPSA”) , a national non-profit that allows Adult Protective Services representatives to partner with their counterparts in other states, one in nine seniors reports suffering abuse, neglect, or exploitation in the past year. Financial elder abuse is a growing threat. NAPSA suggests one in 20 seniors experienced some form of perceived financial exploitation in the recent past.

Investigators: Defendants Befriended Widower, Lived Lavishly on Money Stolen from Him

Berkeleyside, an independent online news source, reports that Alameda County district attorney’s office has charged a Vallejo couple with financial elder abuse, suggesting they took about $842,000 from a recent widower. Defendants Adriana Segurado Rodezno and Jeffrey Edward Alexander have been held in a Santa Rita jail since their arrest on May 28. Bail is set at $250,000 each. A pre-trial hearing on charges of theft from an elder or dependent adult is set for June 10 in Oakland.

Northern California Food Safety Lawyer Comments on Preventing Food-Borne Illness After Contra Costa Woman Contracts Hepatitis A From Frozen Berries

June 5, 2013 | Gregory J. Brod

Last fall, our San Francisco food safety law firm called attention to a marked increase in the number of Americans falling ill or even dying as a result of contaminated food. Foods recalled in 2012 included mangoes, cantaloupe, meat, and nut butter. This disturbing trend endangers public health and threatens our ability to trust in the safety of our food supply. It continues to do so in 2013, as evidenced by a recent Hepatitis A outbreak, and it demands the attention of our nation’s food industry.

Contra Costa Woman Falls Ill, Frozen Berries Eyed as Culprit

As detailed in the San Francisco Chronicle, an outbreak of hepatitis A tied to frozen berries has reached our region. Last month, a 62 year-old East Contra Costa County resident was hospitalized due to a hepatitis infection. According to Kate Fowlie, a health services spokesperson, the woman had purchased frozen berries labeled Townsend Farms Organic Antioxidant Blend. Fowlie said the woman’s illness was likely tied to the berries. Thankfully, the woman has thankfully recovered and been released from the hospital.

What Does “Habitability” Mean in California?

June 3, 2013 | Gregory J. Brod

Sometimes legal standards are relatively strict – If a driver’s blood alcohol content is greater than 0.08%, the driver is legally drunk (though a lower BAC can certainly be a factor in finding a driver was reckless). In contrast, some legal principles do not have a strict definition, such as what renders a property legally uninhabitable. There is no strict definition of habitability under California law. Supreme Court Justice Potter Stewart famously wrote, “I know it when I see it” in a case on pornography; a similar comment could apply to judging whether a dwelling is uninhabitable. In a previous post, we reviewed the overall contours of the implied warranty of habitability. In this one, we focus on just how courts and lawmakers have drawn the line between habitable and uninhabitable dwellings.

The Basics: California Civil Code 1941.1

The starting point for examining habitability in California is Civil Code 1941.1. This section lists a number of characteristic that a dwelling must have, declaring a unit untenable if the unit is “substantially lacking” any listed item. Still, the Department of Consumer Affairs is clear that the list just constitutes guidelines and only contains minimum requirements. Items included in the code are, in brief: 1) Waterproofing and weather protection; 2) Plumbing or gas; 3) Hot and cold water; 4) Heat; 5) Electric lights; 6) Clean property (at the start of the lease and in areas the landlord controls) and free from rodents/vermin; 7) Trash receptacles; 8) Stairs, railings, and floors in good repair; and 9) Lockable mail receptacle.

Concussions & Youth Sports

May 31, 2013 | Gregory J. Brod

Sports play a significant role in the lives of young people in America today. Even before they start school, kids are involved in community sports such as T-ball, PeeWee football, and youth soccer. Sports can be a wonderful addition to a child’s life, teaching teamwork and social skills while helping to keep kids healthy, combatting the threat of childhood obesity, and instilling a lifetime appreciation of physical fitness. However, as San Francisco sports lawyer Gregory Brod knows all too well, youth sports can also lead to injuries ranging from bumps and bruises to compound fractures. Another serious threat, one that is beginning to get the attention it demands, is a childhood sports concussion.

Statistics on Youth Sports & Traumatic Brain Injury

According to the experts at the Center for Disease Control , each year ERs in the United States see about 173,285 cases of traumatic brain injury (“TBI”), including concussions, in children and adolescents aged 0 to 19 years stemming from sports and other recreation activities. These injuries have risen by 60% over the last decade. Among high school athletes, TBI occurs most often in football and girls’ soccer. In children under age 9, other common causes of TBI include bicycle riding and playground activity.

New BAC Recommendation

May 29, 2013 | Gregory J. Brod

Several weeks ago, the National Transportation Safety Board recommended that all 50 states adopted a new blood-alcohol content (BAC) cutoff of 0.05. This is in comparison to the 0.08 standard that is used now. What the BAC tells, is the concentration level of alcohol in a person’s body. It is used to define intoxication and impairment, and the level at which too much alcohol has been consumed for safe driving. While impairment may vary for individuals of the same BAC, it is still the standard used because it can be measured objectively.

In the United States, all states impose penalties for drivers with a BAC of great than 0.08. In California, the possible penalties are determined by addiNational Transportation Safety Boardtional factors including prior convictions, speed, and if other passengers are in the car. Penalties include criminal charges, fines, jail time, probation, alcohol education school and a suspension of a driver’s license. If states were to adopt this new recommended BAC level, these punishments could potentially occur more frequently as the tolerance for alcohol affected driving is lowered.

Statistics The National Transportation Safety Board (NTSB), reports that 10,000 people are killed every year in alcohol related crashes. These fatalities account for approximately 31% of highway fatalities. On average, every hour, one person is killed and 20 more injured to do drinking and driving. This translates to more than 173,000 injured, with 27,000 of these suffering incapacitating injuries. In the past 30 years, there have been 440,000 fatalities due to alcohol impaired crashes.

Holiday Accidents in Oakland and Northern California

May 29, 2013 | Gregory J. Brod

Memorial Day is an opportunity to pause and remember those who made the ultimate sacrifice while serving our country. It is also an unofficial kick-off to the summer season, a moment marked by barbeques and trips to the beach. For many, these events involve alcohol. In our many years as your Oakland car accident law firm, we have learned that too often holiday celebrations lead to an increase in traffic accidents, including accidents that cause serious bodily injury or even death. Holiday accidents turn celebrations into tragedies, tragedies that victims are then forced to remember while others celebrate the holiday in the years to come.

California Sees Fewer DUIS but More Traffic Deaths Over Memorial Day Weekend

According to the Oakland Tribune, this Memorial Day weekend saw fewer DUIs in California but more traffic deaths than the 2012 holiday. For the two-and-a-half day span between 6 P.M. on Friday May 24 and 6 A.M. on Monday May 27, the California Highway Patrol reports that 1,113 drivers were arrested for driving under the influence statewide (165 in the Bay Area). In 2012, the corresponding period saw 1,161 DUI arrests (166 in the Bay Area). This year, the period saw fifteen automobile fatalities in California (two in the Bay Area), not including a crash that fell just outside the timeframe claiming three lives in Colma at approximately 7:30 A.M. on Monday. 2012’s two-and-a-half day span saw eleven deaths due to automobile collisions statewide (one in the Bay Area).

San Francisco Bicycle Lawyer on the Importance of Bicycle Helmets

May 27, 2013 | Gregory J. Brod

The Brod Firm is proud to support the Northern California bicycling community, including the SF Bike Coalition and the Marin County Bike Coalition. While we are also proud of our work as an experienced San Francisco bicyclist’s law firm, we hope that attention to safety on behalf of motorists and the cyclists themselves will save lives, prevent injury, and make this work increasingly unnecessary. Bicycle helmets do not, as a general matter, prevent accidents. Driver attentiveness would be a much better tool for that end. However, helmets are important safety tools that can help reduce the severity of injuries and prevent an accident from becoming a fatality.

Accident Claims Life of San Francisco Bicycle Rider

On Thursday May 23 at around 6:45 a.m., per a report by the San Francisco Chronicle, twenty-one year old Dylan Mitchell was riding his bicycle in the Mission District. He was headed east on 16th Street when he collided with the rear of a Recology garbage truck. The truck had also been travelling east on 16th and had begun to make a right turn onto South Van Ness Avenue and collided with the bicycle and its rider. Mitchell, who family members say had just moved to San Francisco a week before order to begin an apprenticeship at the International Brotherhood of Electrical Workers, died at the scene. Police are investigating the crash and do not believe alcohol or drugs were involved. Reports indicate Mitchell was not wearing a helmet and was riding at a “high rate of speed.” The intersection is equipped with a four way traffic signal.