Young Boy on Bike Hit by Car in Sherman Heights

December 6, 2018 Injury Lawyer San Diego 0

A 6-year-old bicyclist was injured in a serious car wreck that occurred on December 4, 2011, around 2:45 p.m. near 25th Street and L Street in Sherman Heights. According to the police, the car had stopped at traffic light. As the car began to move, the boy went off the sidewalk on his bike and darted in front of the car.

The boy suffered a bruised lung and abrasions and was immediately transported to Rady Children’s Hospital to receive treatment. From the present information, it is unclear what caused this major car accident that injured a young boy. Was the driver negligent? Was the boy at fault? Did the car driver fail to notice the boy and stop the vehicle in time to prevent the collision?

The young boy’s parents should immediately seek counsel from an experienced San Diego County bicycle accident lawyer who would educate them about their legal rights and options. The injured boy’s parents may file a personal injury claim to obtain compensation to cover treatment, medical and hospital costs.

Our San Diego law office sincerely hopes that the injuries suffered by the young boy do not prove life-threatening.

California’s “Strict Liability” Dog Bite Rule

December 6, 2018 Injury Lawyer San Diego 0

California is one of several U.S. states that has “strict liability” for dog bites. This rule can have a significant effect on how you and your skilled San Diego County dog bite injury attorney decide to approach your case after a dog bite occurs.

In “strict liability” dog bite states like California, an owner may be held liable for a dog bite even if the dog has never bitten before or the owner had no reason to believe the dog would act aggressively toward others.

Dog Bites

She just wanted to pet the doggy…
  • Your toddler is severely injured when she approaches a loose dog in a Chula Vista park. The dog bite leaves her with severe facial scarring and lost vision in one eye.
  • Your grandfather is hospitalized with a broken hip and cracked ribs after a dog on a leash lunges and knocks him down on an Escondido, California sidewalk.
  • You are delivering furniture to a house in San Marcos, CA. When the homeowner opens the door, her dog lunges at you, clamps down on your leg, and doesn’t leg go until the ligaments in your knee are severed.

When dogs are not properly trained or restrained, or if they are under stress, even dogs that know you can bite, injure, and possibly kill.

When a dog bites, the shock and trauma of being attacked can be as serious for the victim as the physical injury. When you are overwhelmed by medical procedures and numbed by shock, it can be hard to get things straight. You may need a lawyer to help you recover compensation for your losses, but you will also need a friend who can help you better understand your situation and lend the support you need.

Our attorneys can give your case the personal attention it deserves.

People often assume that Pit Bulls, Rottweilers, German Shepherds, and a few other breeds are the most dangerous dogs, but any dog can become dangerous depending on the situation.

  • Dogs that are not properly socialized…
  • Dogs that are frightened, injured, or ill…
  • Dogs that are overprotective, high-strung, or simply surprised…
  • Dogs whose aggressive behavior has been encouraged by the owner…

Any dog, of any breed, can bite or attack. According to California Civil Code Section 3342, in most dog bite cases the owner of the dog is liable for any damages, regardless of whether the dog has shown vicious behavior in the past.

Dog owners can be negligent or reckless in several ways, including:

  • Training the dog to attack, kill, or otherwise behave aggressively
  • Failing to socialize the dog or correct aggressive behavior
  • Failing to properly enclose or restrain the dog
  • Failing to react appropriately to circumstances that may lead to a dog bite.

For example: A dog owner allows a large dog to run loose in a San Diego park where many small children are playing. Small children are at eye level with a large dog, and may surprise a dog by trying to kiss or hug it. A responsible owner should keep the dog restrained and monitor its interaction with the children. Otherwise, a child may end up with serious facial injuries and permanent scarring.

Dog attack fatalities are extremely rare, but they do happen. Research compiled by the National Canine Research Council shows that an average of one or two fatal dog attacks occur every year in California. The same research strongly suggests that in most cases the owner of the dog has been reckless or negligent in training and/or securing the dog. In some cases dogs have been trained to kill. Since roughly 1970, at least ten California dog owners have been convicted of involuntary or voluntary manslaughter in the wake of a dog bite fatality.

In April 2009, a pack of dogs attacked two horses and killed two pet dogs in a series of attacks in North County. California Civil Code 3341 states that if a dog kills, worries, or wounds a livestock animal, the owner of the dog is liable for damages. If the dog is caught in the act, it is legal for the livestock owner to kill the dog.

Never tease a strange dog or act aggressively toward it. Dogs will bite when provoked, and when a dog has clearly been provoked into biting, the owner is not liable for damages. For more tips on how to avoid dog bites, see the County of San Diego’s pet care and behavior tips.

Dog bite victims aren’t just physically injured. An animal attack can cause lasting sensations of fear and panic, from general anxiety to a specific fear of dogs.

We can help you take control and start down the road to recovery. Our attorneys will fully explain every aspect of your dog bite case and will even help you find a medical doctor or a therapist if necessary. You will feel more confident and in control when you are fully educated about your case and able to make informed decisions.

San Diego Woman Raped After MySpace Meeting

December 4, 2018 Injury Lawyer San Diego 0

Two San Diego men, Brian Shippee, and Robert Melgoza, plead not guilty in San Diego Superior Court Friday for the alleged assault and battery and rape of a San Diego woman after a “MySpace Meetup” went horribly wrong. Another man, Vincent Barnett, Jr. was also involved and is currently being held in Arizona pending extradition to San Diego.

In May 2008, the victim agreed to meet Barnett at Palomar College and accompany him to a party. Reportedly, the two were friends through the social networking site, MySpace, and agreed to a meeting or “meetup”.

Prosecutors say that Barnett, and his companion Shippee, picked the woman up in their car. However, instead of taking her to the party, the two men took the woman to meet with a third man, Melgoza, at a camper. Allegedly, the three men then sexually assaulted the woman.

We are absolutely disgusted by this behavior and hopes that all three men are prosecuted to the fullest extent of the law. It is also a strong reminder that people should take every precaution if they are going to engage in “meetups” with people they do not know or have never met before.

This Holiday Season, Think Toy Safety

December 4, 2018 Injury Lawyer San Diego 0

There are few things more fun during the holiday season than watching a child’s eyes light up when he or she receives a prized new toy. For those who buy toys, though, it’s important to keep safety in mind.

It is recommended that shoppers keep in mind the Consumer Product Safety Commission (CPSC) safety guidelines for children’s toys in order to prevent defective toy injuries to the best of your abilities.

Products and toys designed for use by children are meant to be fun and safe playthings that delight children of various ages without presenting hazards that products for adults often would. Although such products are held to high standards by government agencies, they are often subject to defects that slip past safety tests. When such dangers are present in a children’s product, they can easily cause serious and even deadly injuries.

Accidents caused by defective children’s products are devastating for both the child and his or her family. Injuries caused by toy defects can require extensive hospital stays, multiple surgeries, physical therapy, and other financially taxing procedures to ensure a steady recovery, and some children’s lives may never be the same. While it’s important to get money from negligent manufacturers to cover such expenses, a family often finds closure as well and may even help prevent others from suffering a similar fate. The families of those injured by such products have the right to seek financial compensation for their child’s injuries and related financial costs. The San Diego child injury lawyers understand the distress of any child injury accident and are committed to protecting the rights of consumers throughout their case and helping the child receive what he or she needs to get better.

Child Product Regulations and Law

In order to combat the serious dangers of defective products, the United States Federal Government passed the Consumer Product Safety Improvement Act in 2008. Under the act, the Consumer Product Safety Commission (CPSC) was given further funding and new, stricter regulations were placed on manufacturers concerning lead content and metal jewelry. Specifically relating to children’s products, stricter regulations were imposed on cribs and pacifiers; small parts; and baby bouncers, walkers, and jumpers. As such, manufacturers who violate such rules face legal penalties and are more susceptible to lawsuits concerning their unsafe products.

Types of Child Product Defects

Product defects typically fall into one of three categories. These types of defects are:

  • Design Defects – This type of defect is due to how a product is conceived and what elements are decided by the company to be part of the product. Because the design is faulty, all products within the line are affected by the defect.
  • Manufacturing Defects – These defects occur in the actual creation of the product. Due to a variety of reasons, some or all of the products are created with a flaw because of how it was manufactured.
  • Warning Defects – This happens when the warning on a product fails to properly inform consumers of the dangers of the product, or a warning is completely absent on a potentially dangerous product.

Common Child Product Hazards

While there are many types of defects that could be potentially hazardous to children using a product, there are some defects that are commonly hazardous and often lead to serious and fatal injuries. These child product hazards include:

  • Choking Hazards – Children can easily choke on any object that is small enough to put in their mouths. Small toys, such as balls and balloons or toys with smaller pieces that are either loose or could come off, present a serious danger for small children.
  • Suffocation Hazards – If products such as clothing or cribs contain materials that can become trapped over a child’s face and block their breathing, there is a great chance of a suffocation incident occurring.
  • Falling Hazards – Products such as high chairs or cribs that do not properly restrain children or tip over easily can result in children falling and being injured.
  • Fire Hazards – If a product does not meet flame resistance standards, it puts children at risk of burn injuries. Often, costumes and other clothing that is not flame retardant can easily catch fire and severely harm the child wearing it.
What Can a Product Liability Claim Do?

A product liability claim enables consumers that have been harmed by a dangerous or defective product to hold the negligent party responsible, such as the manufacturer, designer, or distributor, for the harm caused while also obtaining compensation for any of their losses. Manufacturers of any product are obligated to produce an item that is safe and free of harmful defects, but when a manufacturer is negligent, the safety of innocent consumers, including the youngest ones, may be put in danger.

An essential part of knowing if you have a valid product liability claim is understanding how the actual defect occurred. A product may be defective in its design, which is when a mistake or flaw in the design makes the product dangerous when used as intended. A defect may also come as a result of the manufacturing process, and other defects may involve such issues as inadequate or missing warning labels or instructions which may cause injury or harm the user.

Assistance to Help Your Child Recover

As a consumer, you have the legal right to pursue compensation from anyone responsible for the dangerous product when it has caused you undue harm or injury. Product liability law empowers consumers to hold negligent manufacturers or any other liable party responsible for the harm caused, so it is imperative to build a strong case in order to get successful results. If your child has been harmed by a defective or unsafe toy, documentation such as receipts and or written statements by anyone who witnessed the accident may be essential to your case. A qualified attorney can also help by proving negligence and showing that the sole cause of your child’s injuries was the product defect.

Compensation can be given for economic as well as non-economic damages associated with the injury accident, such as medical expenses and the pain and suffering your family endured as a result of the incident. Compensation can make a significant difference in how well your child is able to recover, so filing a claim may be one of the best decisions you can make for your family.

Helping Families Move Forward

The child injury lawyers in San Diego understand how traumatic it is when the child you love is injured, especially when it is a child’s product that you should be able to trust that was the cause. Our legal team has dedicated our careers to helping those injured as a result of another’s negligence and, as such, we have the resources, skills, and passion needed to fight for justice for your family. Manufacturers may have well-funded attorneys on their side who may do everything in their power to dodge liability for your child’s injuries, which is why you should have the best legal representation to preserve your rights and get the money your child needs to recover.

Finding a San Diego Defective Child Product Lawyer

Child product manufacturers are called on to have a high level of quality and safety precautions, but they do not always follow these guidelines. The San Diego defective product attorneys are dedicated to not only winning compensation for injured children and their families, but finding justice in holding negligent companies responsible for the injuries they caused. Contact us today for further details on how our law team can help you find compensation for your losses.

Metrolink Train Accident Kills Car Driver

December 4, 2018 Injury Lawyer San Diego 0

An unidentified man in his 70s was killed in a fatal Los Angeles train accident that occurred on November 29, 2010, around 9:35 a.m. at Francisquito Avenue, approximately 116 miles from San Diego. Sherita Coffelt of Metrolink said that train number 304 was heading from Union Station in Downtown Los Angeles to San Bernardino when it struck the elderly man’s car, killing him.

The elderly motorist was pronounced dead at the accident scene by the authorities. Two passengers in the train also suffered injuries in this train accident and were transported to a nearby hospital for treatment.

From the present facts, it is unclear as to how this train accident occurred. Did the train driver ignore a red signal? Was he distracted that he did not notice the victim’s car? At the same time was it the elderly person’s failure to observe safety signals? Was he unable to calculate the distance between his car and approaching train? If negligent operation by the train conductor caused this train accident, then the train conductor and his employer might be legally required to compensate the elderly person’s family for the cost of funeral expenses, loss of love and companionship, and other related damages. The deceased’s family would be well-advised to consult with an experienced Los Angeles personal injury lawyer who will advise them about their legal rights and options.

Elderly Motorist Injured In Lake Elsinore Bus Accident

December 4, 2018 Injury Lawyer San Diego 0

Margaret Birch, 75, suffered serious injuries in a serious Lake Elsinore car accident that occurred on November 29, 2010, around 3:00 p.m. According to California Highway Patrol Officer Ron Thatcher, Birch pulled her minivan in front of a school bus when the collision occurred. The impact of the car crash was so strong that Birch’s car was pinned under the school bus.

Fortunately, all the 51 school students who were traveling in the bus escaped unhurt. Birch was immediately transported to Inland Valley Regional Medical Center in Wildomar to receive treatment for her leg injuries.

This accident is a good illustration of one of the main rules of the road: always watch out for traffic before entering an intersection or roadway. If you do not look for cross-traffic, you can possibly violate another motorist’s right of way and cause an accident. Even worse, that motorist may be driving a larger vehicle—such as a school bus—placing you and your passengers in danger of serious injury or even death.

We sincerely hope and pray that Birch did not suffer any life-threatening injuries in this bus accident.

Paralyzed San Diego Rollover Car Accident Victim Beats Ford Motor Co….Again (x6)

December 1, 2018 Injury Lawyer San Diego 0

We’ve written before about Benetta Buell-Wilson’s ongoing fight with Ford Motor Company regarding her record-breaking $369 million trial court verdict after her Ford Explorer rolled over on Interstate 8 (I-8), which left her paralyzed due to a crushed spine (Crippled San Diego Injury Victim Beats Ford Motor Co.; Record San Diego Roll-Over Verdict to be Reviewed).

Well, Buell-Wilson won again and this time it is final. Ms. Buell-Wilson has been fighting since she was injured earlier this decade and for the last five years since a San Diego jury awarded her $369 million, including $27.6 million in compensatory damages and nearly $340 million in punitive damages. After several appeals, including a reduction of the total verdict to $82 million, the United States Supreme Court finally ended this legal ordeal by failing to accept Ford Motor Company’s appeal. Ford will now be forced to pay Buell-Wilson the $82 million verdict.

In June 2002, Buell-Wilson was severely injured and paralyzed while she was driving on I-8 near Tavern Road in Alpine in East San Diego County. The San Diego County auto accident occurred when she swerved to avoid an object on the freeway, causing her vehicle to roll over several times and come to rest on its’ roof. Buell-Wilson alleged that the design of the Ford Explorer because it was unstable and had a weak roof, particularly at its’ “C pillar” behind the front seat and in front of the rear seat.

Congratulations to Buell-Wilson and her husband. It takes a great deal of determination and courage to fight a multi-billion dollar company like Ford to get the compensation one deserves and to punish Ford for its’ knowing failure to make a safe vehicle. We hope they now have peace.