San Francisco Injury Lawyer Blog

Mold Problem Mushrooms into Mushrooms

April 2, 2013 | Gregory J. Brod

Hearing the word mold immediately brings about the connotation of something bad and unhealthy. Mold is a category of fungi that can be found both indoors and outdoors. Usually mold is either associated with old food or moisture in homes. It tends to grow in areas that are warm, damp, and humid, and reproduce and spread by making spores. Common areas mold can be found include bathroom tiles, basement walls, and areas around windows. Events that can cause mold to grow include roof leaks, flooding, heavy rains, and leaks in plumbing fixtures. Mold can be harmless for some, but can cause health problems for those more sensitive to mold.

Exposure to mold either through ingestion or in a closed environment can be potentially dangerous to individuals. For some, exposure to mold can cause no symptoms. For an unfortunate some who are sensitive to mold, exposure can cause nasal stuffiness, eye irritation, wheezing, and/or skin irritation and other allergy related symptoms. Continued exposure can also cause previously non-sensitive individuals to become sensitive or more sensitive to mold. In 2004, the Institute of Medicine (IOM) found that there was a link between indoor exposure to mold and upper respiratory tract symptoms in otherwise healthy persons. Additional studies done since then have suggested that there may be a link between mold exposure and the development of asthma in some children.

In an extreme example of mold in a rental apartment, a Sacramento woman found in December of 2012 that the mold was so bad in her apartment that mushrooms began to sprout from the carpet. According to Natalie Wise, the tenant, her apartment has experienced flooding six times in the two years she has resided at the apartment. The mold problem had been reported to the management at the complex and the carpet has been replaced several times. However, mold and the subsequent mushrooms have grown back each time. Additionally, Wise resides with her severely asthmatic 11-year-old son and claims that when she has reported problems of flooding, the manager has treated her with contempt.

Identifying the Many Forms of Elder Abuse

April 1, 2013 | Gregory J. Brod

When people learn that our team serves as a law firm for elder abuse victims in San Francisco and throughout Northern California, and when they learn how incredibly common the problem is, they often ask how they can help. These people often express concern about their ability to identify elder abuse. This is an understandable concern. Like other forms of abuse, mistreatment of seniors is often hidden. Victims may be unwilling to report the problem due to fear of retribution or unable to report abuse due to physical and/or mental infirmities.

We want to provide an overview of several forms of elder abuse in order to help our concerned community members identify the problem. In order to do so, we consulted a guide provided to a specific group on individuals who are required to report elder abuse by California law. The guide, titled Reporting Elder and Dependent Adult Abuse, is given staff members at a range of California elder care facilities. It breaks elder abuse into the following categories to help these mandated reporters understand the issue:

Physical abuse – This includes physical assault, unreasonable restraints, misuse of medications, and sexual abuse. Indicators of abuse can include bruises, broken bones, fractures, bloody/soiled clothing, appearing excessively drugged, and exhibiting intense fear. These signs do not always mean abuse exists and physical abuse can also exist where these signs are absent.

Crushed Foot Injury: Young Girl Faces Serious Foot Injury Following Embarcadero Pedestrian Accident

March 29, 2013 | Gregory J. Brod

In our work as your San Francisco injury law firm, we see the impact that serious injuries have on victims. We’ve all stubbed a toe and many of us have faced some form of foot pain, but these ailments pale in comparison to seriousness of a crushed foot injury. It is an injury that can result from a falling object or a pedestrian accident. When a crushed foot is the result of someone else’s negligence, our team is prepared to help the victim seek compensation for the victim.

Garbage Truck Hits Seven Year Old Girl Walking With Grandmother

An accident detailed in the San Francisco Chronicle is the type of story that makes the reader wince. A Recology garbage truck was travelling east on Broadway around 7:30 A.M. on Wednesday. The truck made a southward turn onto the Embarcadero and hit a seven year girl and her sixty-six year old grandmother who were crossing the road. According to Officer Gordon Shyy, a police spokesman, the victims were in the crosswalk at the time of the collision. The truck crushed the foot of the young girl who was rushed to San Francisco General Hospital for surgery. Office Shyy reported that she may lose the foot or part of her leg. The grandmother suffered bruises and a leg injury but she was not run over. The accident remains under investigation. Adam Alberti, a spokesman for Recology, did not comment beyond noting that the truck involved was a combination garbage and recycling truck.

Adding the Voice of Our Oakland Accident Law Firm to the Voice of a Grieving Mother Calling for Roadway Safety

March 27, 2013 | Gregory J. Brod

We often use these pages to encourage members of our Northern California community to drive safely. As an Oakland personal injury law firm, we speak with an understanding of what happens when drivers take risks behind the wheels. Sometimes, however, the voices that can speak the loudest about safety are the victims themselves. These voices speak with a deep knowledge about the real consequences of reckless driving behavior.

Mother Pushes for Safety on Antioch Roadway on Two-Year Anniversary of Fatal Accident

On March 19, 2011, nineteen year old Pablo Garibay died in a single car accident on James Donlon Boulevard in Antioch. The driver, Rafael Madrid later pled guilty to gross vehicular manslaughter while intoxicated and the court sentenced him to a four year prison sentence. On the two year anniversary, the News Herald covered a vigil marking the crash date. Theresa Cuevas, Garibay’s still-grieving mother, opted to stand in the shoulder of the four-lane road, urging drivers to exercise caution. She told reporters that people often drive too fast through the area, exhibiting carelessness despite a nearby park and crosswalks often used by children. Cuevas also called for the city to install a stop light or stop sign to force drivers to slow their speed.

Preventable MUNI Accidents

March 25, 2013 | Gregory J. Brod

In a dense metropolitan city like that of San Francisco, it is virtually impossible to walk a couple of blocks without spotting a bus or at least a bus stop. The massive Municipal Transportation Agency, referred to often as either the SFMTA or MUNI, provides a service to the city of San Francisco as an efficient and cost effective means of public transportation throughout the city. However, no service is perfect and in recent weeks, there have been numerous reports of serious accidents involving MUNI vehicles that have caused injury to several individuals.

February 6, 2013 Cable Car Incident

Several weeks ago, our San Francisco attorney wrote and commented on the accident that occurred in the Nob Hill neighborhood. In this particular incident, a cable car carrying approximately 40 passengers came to an abrupt stop when a 1.5 inch bolt was stuck on the track. MUNI officials and inspectors determined that the bolt had fallen loose from a switch plate that covers a portion of the tracks. While the cable car tracks have sensors that would be triggered if there was any type of obstruction on the tracks, the bolt never touched the sensors, and no alarm went off to warn the cable car conductor. Officials also say that other cable cars passed through the same area safely just 10 minutes before the accident. The accident injured 7 individuals, with one elderly man suffered life-threatening injuries after having fallen and hitting his head.

Danger Lurking Behind a Homey Exterior: Felony Charges Filed Against Operator of Non-Medical Senior Care Facility

March 25, 2013 | Gregory J. Brod

It may seem like a perfect option for seniors who can no longer live alone but do not require nursing home care. California currently has approximately 7,500 Residential Care Facilities for the Elderly (“RCFE”), non-medical facilities that range from large assisted living centers to small, home-based locations. Families and seniors may prefer the homey feel of some RCFEs to more institutional options, but our Sacramento elder abuse law firm knows that elder abuse can lurk in even the friendliest looking settings.

Years of Complaints Culminate in the Death of a Senior at a Sacramento Care Facility

Earlier this month, the Sacramento Bee reported on a woman charged with felony-level involuntary manslaughter following the death of a woman in her care. Silvia Cata ran a small RCFE out of her home in the Gardenland neighborhood of Sacramento for over 17 years. In that time, Super Home Care was the subject of numerous complaints, citations, deficiency reports, and fines. Cata received at least 40 citations, including 26 Type A deficiencies, the most serious charges representing a direct and immediate threat to the health, safety, or personal rights of residents.

Mercury Ordered To Cut Rates In California

March 22, 2013 | Gregory J. Brod

Mercury Casualty Co., based in Los Angeles, is in trouble with California insurance regulators. Our San Francisco insurance lawyers noticed a news story earlier this month regarding Mercury’s proposed rate hikes on their homeowner’s insurance policies.

Mercury had asked to raise rates on these policies by 7.3 percent. A California administrative judge rejected that proposed increase. Then, after a public hearing on the issue, California Insurance Commissioner, Dave Jones, used his powers to determine that the proposed rate hike was excessive. The Commissioner has these powers due to a 1988 law requiring the Commissioner’s approval for property and casualty insurance rates, or allows for his rejection, as happened this month. Mercury complained in their legal filings that their homeowner’s insurance has the lowest rates in the state, but Commissioner Jones argues that Mercury based those statistics on old data and incorrect legal and factual conclusions. Consumer Watchdog, an insurance consumer advocacy organization, told reporters that Mercury had “ample opportunity to justify its requested rate hike”, both this one and the previous request for an 8.8 percent increase, and they have failed to convince anybody, including the Commissioner and the judge.

In fact, Commissioner Jones is ordering Mercury to implement a rate decrease of 8.2 percent, so even more than they were proposing to increase rates by. Due to this ruling, now Mercury is suing to stop the Commissioner from forcing these rate reductions for 270,000 policyholders in California. The case is in Sacramento County Superior Court and Mercury claims these reductions would total $16.5 million if allowed to go through. Commissioner Jones responded to this case by saying, “I have directed the Department of Insurance to vigorously defend against Mercury’s effort to deprive homeowners of this rate decrease.” He also asserted, “The rate reduction provided for in this decision would offer much-needed financial relief for homeowners and would no doubt help consumers keep more of their hard-earned dollars in today’s tight economy.”

A Quick Guide to Tenants’ Rights Under the San Francisco Rent Ordinance

March 22, 2013 | Gregory J. Brod

In 1979, the City of San Francisco was facing a housing crisis. The Board of Supervisors and the Mayor enacted the San Francisco Rent Ordinance (the “Ordinance”) in an effort to alleviate the crisis. Today, the Ordinance (now available online) continues to protect the rights of tenants and ensure the availability of affordable housing. It applies to the approximately 170,000 rental units located in San Francisco buildings that were built prior to June 13, 1979. The Ordinance is one of the many tools that our San Francisco tenants’ law firm uses to help our tenant clients.

Rent Control

Rent control is one of the most important elements of the San Francisco Rent Ordinance. Under the Ordinance, Landlords may only raise the rent for existing tenants by a specific amount each year, an amount determined by a formula tied to the consumer price index. This year (March 1, 2013 through February 28, 2014), the maximum amount a landlord can raise a tenant’s rent is 1.9%, the same figure that applied to the prior twelve month span. A landlord must give thirty days’ notice before a rent increase.

Witnesses to a Horrific Accident Scene Report Reckless Driving as the Cause

March 20, 2013 | Gregory J. Brod

The scene in Walnut Creek sounds almost too dramatic; the horrific death and injuries sound almost too terrible. Sometimes reality is more extreme than the most over-the-top, made-to-scare (or, perhaps, “scar”) drivers’ education video. As a law firm with specific experience helping victims of the most catastrophic accidents, The Brod Firm knows that no exaggeration is needed when we warn people that reckless driving kills. Reality provides plenty of evidence that treating cars or motorcycles as toys leads to tragedy. The clients of our Oakland accident law firm are the victims of reckless driving and every one of them wishes that the drivers who caused their accidents had heard this message in advance of the crash.

Motorcycle and Car Collide on I-680

The Oakland Tribune called it “[a]n exhibition of dangerous driving,” a major accident that killed one, seriously injured another, and tied up a Walnut Creek thoroughfare for two hours on Sunday evening. Witnesses report that both a motorcycle and a black two-door coupe were travelling at a high rate of speed on a stretch of Interstate 680 just north of Alamo. One witness added that the motorcyclist appeared to be attempting tricks while racing with the coupe, travelling with his right hand on the bar and his left placed on the seat while looking behind him.

Bedbug Infestation Problem in San Francisco

March 18, 2013 | Gregory J. Brod

Moving into a new home is an exciting time for any individual. It can represent an upgrade, a new beginning and even a fresh start. Imagine though, if after you are all moved in, the furniture arranged, items taken out of their boxes, one morning you wake to bug bite welts all over your body. You might panic and ask yourself these questions: Where did this all come from? What kind of bug am I dealing with? What do I do? Well, a possible answer to the second question may be bedbugs.

Bedbugs are small, rust colored parasites that feed on the blood of sleeping humans and animals. They feed on the blood of their prey and their bites develop slowly to low itchy welts that can take up to weeks to go away. California law requires that landlords maintain a habitable home and must disclose to prospective tenants if the unit has been invested with bedbugs in the previous two years. Negligence of not disclosing this information, not properly dealing with previous instances of bedbug infestations, or a failure to respond to a tenant’s report of bedbugs can imply negligence on the part of a landlord. A bug infestation also renders the property uninhabitable.

Reports in San Francisco show that in the past 5 years, there has been a dramatic increase in bedbug infestations. In fact, the problem has gotten so bad that the San Francisco Board of Supervisors are now requiring exterminators report the number of units they treat for bedbugs every month to the Department of Public Health. A program manager at the department’s Environmental Health Section, Karen Cohn, cited the reason for this new procedure as the importance of “be[ing] able to target your resources” in fighting and controlling this growing problem. The health department received only 370 complaints of bedbugs in 2010, with 152 of these complaints being confirmed, but this provides neither a full nor accurate picture of the problem as most people attempt to resolve their cases of bedbugs themselves.