Month: June 2018

San Diego Food Recall Lawyers

June 20, 2018 Injury Lawyer San Diego 0

Every year, hundreds of food products and pet food products are pulled from the shelves of stores and warehouses because they are contaminated, unsafe, or have other dangerous risks. This makes it increasingly difficult to trust the food that we purchase for our loved ones and ourselves from companies we have been loyal to for years. In the case of a food recall, it is the responsibility of the manufacturing company to absorb all costs of the recall, including informing the public, recalling the product, and paying for any damages.

If you or a loved one has been a victim of a contaminated food product, contact an experienced food recall attorney immediately. Our San Diego expert food recall attorneys understand that companies will bend over backward to protect their brand name and reputation from being tainted. If you have a case, we will protect your rights and get you the money damages you need.

San Diego Dangerous Household Items Attorneys

June 20, 2018 Injury Lawyer San Diego 0

Many people don’t realize it but there are a lot of common household items that are considered to be hazardous materials. Companies that manufacture these products must make sure that these items are as safe as possible and are labeled properly to warn consumers of their risks, usage, and storage.

Unfortunately, because of slips made within the production system, businesses sometimes distribute defective products to their consumers that may cause injury and sometimes death.

Defective Product Injuries : Dangerous Household Items

Too Many People Are Injured or Killed When Companies Make Mistakes in the System and Produce Defective and Dangerous Products.

Many San Diegans don’t realize it but there are a lot of common household items sold in California that are considered to be hazardous materials. These include medications, paint, motor oil, antifreeze, auto batteries, lawn care products, pest control products, drain cleaners and pool care products. Companies that manufacture these products for sale in San Diego must make sure that these items are as safe as possible and are labeled properly to warn consumers of their risks, usage, and storage.

Unfortunately, because of slips made within the production system, businesses sometimes distribute defective products to their consumers that may cause injury and sometimes death.

Children are at the greatest risk of being hurt or poisoned by these products. Each year in the U.S., more than 2,000 children under the age of 14 die as a result of a home injury, according to Safe Kids USA.

Dangerous Household Items Include:

  • Cleaning products
  • Indoor pesticides
  • Automotive products
  • Workshop/Painting supplies
  • Lawn and garden products
  • Batteries
  • Thermometers
  • Fluorescent light bulbs

Other hazardous household items consist of batteries, thermometers, fluorescent light bulbs, driveway sealer and other flammable products.

How to Buy and Store Dangerous Household Items Safely

According to the Federal Emergency Management Agency, to lower the risk of a chemical emergency, you can follow these guidelines:

  • Buy only as much of a chemical as you think you will use. This will minimize waste and storage.
  • Keep products containing hazardous materials in their original containers and never remove the labels unless the container is corroding. Corroding containers should be repackaged and clearly labeled.
  • Never store hazardous products in food containers.
  • Never mix household hazardous chemicals or waste with other products. Incompatibles, such as chlorine bleach and ammonia, may react, ignite, or explode.
Dangers of Hazardous Products

Harmful and toxic products with insufficient warnings can result in a fire, explosion, or toxic poisoning. Ordinary household items and toys can cause serious injuries and can permanently afflict you for the rest of your life.

Contact a Hazardous Household Items Attorney

When products cause injury due to design or manufacturing defects or failure to warn about proper use, you may have a claim against the manufacturer. If you or someone you love has been injured or killed from exposure to a harmful household item or defective product, seek medical attention immediately and contact a hazardous household items attorney. Our dedicated San Diego defective product lawyers will get you the compensation to cover your injuries. Call our personal injury law office to set up a free consultation.

San Diego Airplane Accident Lawyers

June 20, 2018 Injury Lawyer San Diego 0

We rarely see news headlines about major airline crashes. In fact, airplanes that carry hundreds of passengers are considered quite safe and crashes only occur a few times a year around the world. Just because major airlines don’t often have injuries or deaths associated with them doesn’t mean that plane crashes are rare. Small aircraft that only carry a handful of people, crash much more often and have a higher chance of leading to serious injury or death. Aviation accidents are typically a result of pilot negligence.

Whether you are injured in a crash while flying or injured on the ground by in a plane crash, our experienced San Diego airplane accident attorneys will help you obtain compensation to which you are entitled. Our lawyers will work for your best interest. Contact us to set up a free consultation.

Elderly Chino Pedestrian Injured in San Bernardino County Car Crash

June 20, 2018 Injury Lawyer San Diego 0

67-year-old Luis Octavio Castillo was seriously injured in a Chino pedestrian accident that occurred on June 15, 2011, around 7:37 a.m. along the 3300 block of Riverside Drive. According to police officials, Castillo was walking through a construction area when he was struck by a 2007 Scion TC driven by 21-year-old Lissette Carolina Menijvar.

Due to a county construction project, the eastbound lanes of Riverside Drive had been temporarily diverted to the westbound lanes. Castillo was immediately airlifted to Arrowhead Regional Medical Center for medical treatment. The investigating officers need to determine if the diversion of roads and construction area had proper signs to guide drivers along.

From the facts set forth in the news story, it appears that Menijvar may have been at fault for causing this serious pedestrian crash. Under California Vehicle Code Section 21950(a), “The driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection….”

However, the construction company may be held liable for the damages as well after a further investigation. Castillo needs to consult with a San Bernardino County pedestrian accident lawyer to obtain compensation to cover treatment, medical and hospitalization costs, and other accident-related damages.

Our personal injury law office sincerely hopes and prays that the injuries suffered by the pedestrian heal soon and do not prove life-threatening.

Can an Insurance Company Hide Witness Statements?

June 20, 2018 Injury Lawyer San Diego 0

What happens if you are involved in a car accident in California and the at-fault driver’s insurance company takes recorded statements of witnesses to the accident? Can you review them during your personal injury lawsuit?

The California Court of Appeals recently ruled in the case of Coito v. Superior Court that such statements are discoverable and must be turned over to the other party.

Are Witness Statements Protected by Attorney Work Product Privilege?

Posted on Jun 20, 2010

Are witness statements collected at the scene of an accident or by your personal injury attorney following an accident subject to the protections of the attorney work-product privilege–a privilege which allows injury accident victims to keep these statements confidential and away from the hands of insurance companies and their lawyers?

The issue was recently tackled by the Court of Appeal for the Fifth Appellate District of California in the case of Coito v. Superior Court.  The Court was asked to determine whether a statement of a witness to an accident by an attorney is protected by the work product privilege.  The Court held that such statements are not protected and can be discovered by opposing counsel during discovery.

The Court distinguished the case of Nacht & Lewis Architects, Inc. v. Superior Court holding that Nacht & Lewis did not hold that a list of witnesses from whom statements had been taken, nor the statements themselves, were privileged.  Such statements have very important evidentiary value, including containing inconsistent statements, prior consistent statements, or past recollections recorded–all of which would be admissible at trial.  However, were these statements to be protected by the attorney work-product privilege, the opposing party could not have access to these important pieces of information and evidence.

The Court also rejected a qualified attorney work-product privilege defense–in other words that in certain circumstances and with certain limitations, the privilege would exist.  The Court held that a recording or document which shows the attorney’s thoughts and interpretation of the evidence and case was protected by the privilege.  However, in most cases where the attorney or his representative is simply asking questions and the witness responses are simply answering those questions, then the privilege would not attach.  The statement would not contain any interpretive input from the attorney.  The Court also rejected the argument that the selection of the attorney’s questions itself was interpretive–the statements had evidentiary value only.

What this means, for people injured in accidents in California and the insurance companies who oppose them, is that witness statements are discoverable absent an affirmative showing that the statement contains protected interpretive analysis by the attorney.

Infant Killed after Dog Attack in Lemon Grove

June 18, 2018 Injury Lawyer San Diego 0

An eight-month-old boy died after being attacked by at least one pit bull in Lemon Grove around 5 p.m. on June 14. According to 10 News, the incident happened in the boy’s crib at the family’s home on 3000 block of West Street near North Avenue, where their three male pit bulls also resided.

Animal Control removed all three canines, ages three to five years old, from the scene. Police are still unsure about how many dogs attacked the boy and why. However, a neighbor mentioned that two of the pit bulls had killed two cats in the neighborhood. A thorough examination will determine whether the dogs are aggressive and if they will be euthanized.

It is devastating that the mother lost her only son to a tragedy that could and should have been prevented. Dog attacks on small children are especially vicious because children are helpless and unable to defend themselves.

According to statistics, there were 31 fatal dog attacks in the year 2011. Over the past year, several other pit bull attacks have been reported in the San Diego area, including the death of an elderly Paradise Hills woman.

Under California law, a dog owner can be held liable for personal injuries caused by his or her pet. California’s Civil Code Section 3342 states: “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

If you or a loved one has been injured in a dog attack because of a careless owner, it would be in your best interest to contact an experienced San Diego dog attack attorney, who will hold the negligent dog owner liable. For a free assessment of your case, contact our San Diego personal injury office.

Newhall Toddler Seriously Injured In Dog Attack

June 17, 2018 Injury Lawyer San Diego 0

A 5 year-old toddler, Jose Sadino, was seriously injured in a dog attack at a Newhall apartment complex on June 11, 2010. According to the news stories, a vicious pit bull jumped out of a window and started attacking Jose who was playing with other children outside the apartment complex. Sadino’s mother, along with a few neighbors, intervened and made the dog go away. Los Angeles Sheriff’s officers took the pit bull into custody to determine if it had a prior bite history and whether the owner will face any criminal charges.

Jose Sadino sustained serious injuries, but thankfully none of them are expected to be life-threatening. The owner of the pit bull may be held liable for the injuries caused and may have to compensate for the expenses involved. Clearly, the owner should have made sure that the pit bull was securely tied and that it was restrained. Dog owners have an absolute duty to make sure that their animals do not injure or kill others. Further, in a civil justice context, dog owners can be held strictly liable for any damage or injury caused by their dog.

We sympathize with Jose Sadino’s family and wish him a complete recovery soon. We hope that his wounds heal and that his scars, if any, can be treated and minimized. Jose Sadino’s parents can seek compensation for their medical expenses and suffering from the pet owner if this accident occurred due to his/her negligence. People who are injured in a dog attack need to know that they have certain legal rights that could help them come out of the accident, financially.

Driver Under the Influence Collides with San Diego Firefighter Truck

June 16, 2018 Injury Lawyer San Diego 0

Yesenia Mitre, 25, collided with a firefighters’ truck and left four firefighters injured. The truck was on its’ way to answer a medical emergency on the morning of June 13, 2010. According to reports, Mitre drove out directly in the lane of traffic the fire truck was traveling in close to Alpine in eastern San Diego County. Due to the collision, the fire truck lost control and hit a pole.

According to the San Diego 6 news report, Mitre was driving under the influence and was arrested. The four firefighters sustained serious injuries while Mitre sustained a broken wrist.

It is indeed an unfortunate thing that due to the negligent and intoxicated driver, the four firefighters were badly injured. It is absolutely insane that instead of giving way to the emergency truck, Mitre drove right into its path. Mitre will most likely be found to have violated California Vehicle Code Section 23152(a) which states that “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” Under California law, it is also illegal to drive a vehicle with a blood alcohol content of 0.08 percent or higher.

Teen Bicyclist Struck in Escondido Bicyclist Accident

June 16, 2018 Injury Lawyer San Diego 0

An Escondido teenage boy was struck and injured in a North San Diego County car accident on June 15, 2011, around 12:36 p.m. at Grand Avenue and Rose Street. According to Escondido Police Officials, an 84-year-old elderly man, driving a Chrysler Town & Country van, made a wide turn into Grand Avenue, climbed the sidewalk, hit a traffic pole, and finally came to halt after slamming into the side of the building. The boy was waiting on his bicycle next to the pole when he was hit.

The bicyclist suffered serious injuries and was immediately transported to Rady Children’s Hospital for treatment. From the available information, it is clear that the 84-year-old driver made too wide of a turn and caused this bicycle accident. This leads us to question his driving abilities.

The investigating officers need to determine whether the driver was speeding, distracted, or was talking on the cell phone when this accident occurred. It would be in the best interest of bicyclist’s family members to seek counsel from a North San Diego County bike accident lawyer to know about their legal rights and options.

The bicyclist crash attorney would assure that the at-fault is held liable for the damage and help the victim’s family members obtain timely compensation to cover treatment, medical costs, hospitalization expenses, and other accident-related expenses.

Our personal injury law office sincerely hopes that the injuries suffered by the boy heal soon.

Shuttle Drivers Sue SuperShuttle; Claim They Were Improperly Called “Independent Contractors”

June 16, 2018 Injury Lawyer San Diego 0

A class-action employment lawsuit was filed by current and former drivers of SuperShuttle International, Inc., a van service serving many of California’s airports (including San Diego’s Lindbergh Field), alleging that the company cheated them out of millions of dollars of wages by classifying the drivers as “independent contractors” or “franchises” instead of employees.

The suit alleges that the company, by making the designation, avoided state labor laws governing minimum wage and overtime pay and shifted the operating cost of the vehicles to the drivers, including forcing drivers to pay for the leasing and maintenance of the vehicles, their insurance coverage, and other expenses. In many cases, drivers earned less than minimum wage after expenses were deducted and were not provided meal and break periods–which would be required for employees.

The lawsuit seeks damages of “at least $100 million” and appears very similar to the claims presented by drivers for FedEx Ground. FedEx Ground recently lost that case at trial and on appeal.

If you work for a company that designates you as an “independent contractor” and you believe that you should instead be considered an employee, please contact us to discuss your rights.