Articles by Injury Lawyer San Diego

San Diego Man Dies in Miramar Landfill Workplace Accident

February 8, 2018 Injury Lawyer San Diego 0

A San Diego man was killed on February 6 at the Miramar Landfill in a workplace accident when a forklift fell from a rental truck on top of him, crushing him. The man, Lee Haleem, was at the landfill because he was relocating his business and went to the landfill as part of his move.

He was backing the forklift from a rented truck when the forklift backed over the tailgate, causing it to tip over and crushing Haleem. He was taken to the hospital but was declared dead less than an hour after the industrial accident.

Defective Products: 4-Year-Old Mission Viejo Girl Dies in Washing Machine

February 7, 2018 Injury Lawyer San Diego 0

4-Year-Old Kayley Ishii of Mission Viejo, California was killed at her home after she climbed into a front loading washing machine which was then turned on by her 1-year-old brother. Kayley Ishii was inside the water-filled washing machine for approximately 2 minutes before she was found by her mother. She was taken to Mission Hospital Regional Medical Center but later died from her injuries.

It is unbelievable that a 1-year-old could turn on a washing machine without any assistance from an adult. However, the power button for the machine was located less than 20 inches above the ground and within easy reach of the toddler. That would seem to be a very reckless and negligent design defect for this product. Combined with the fact that children could easily climb inside it and you have a combination of tragically poor design defects.

If the product design is defective, California law requires that the manufacturer be “strictly liable” (meaning that they can be held responsible even though the manufacturer acted reasonably) for Kayley Ishii’s death.

We sent our prayers and thoughts to the Ishii family. Nothing is more tragic than losing a child, particularly under such tragic circumstances.

Southern California Roller Coaster Accidents at Amusement Parks

February 7, 2018 Injury Lawyer San Diego 0

We all love roller coasters. It is a fun way to spend the weekend with family and friends. Unfortunately, roller coasters and amusement parks have been the site of several tragic accidents that leave people severely injured, or worse. Therefore, it is important to follow safe riding practices while you are on a roller coaster.

But even the safest rider cannot prevent accidents that are beyond their control. We are experienced roller coaster accident attorney and can help you with your personal injury case. For more information about amusement park safety and how we can help,  call our office for a free consultation.

San Diego Bus Accident Lawyers

February 7, 2018 Injury Lawyer San Diego 0

With the increased cost of gas, millions of people decide to ride the bus every day. It is a cheap and efficient way to get to and from work or school. Many people fail to realize that a bus can get into accidents on the road. People suffer from injuries they get from riding on a bus more often than you think.

We are experienced San Diego bus accident attorneys. We know the proper steps to ensure you get the compensation you need after your accident. For more information about bus accidents and how we can help, please call our office for a free consultation.

Pfizer Recalls 1 Million Birth Control Packs after Manufacturing Mix-Up

February 6, 2018 Injury Lawyer San Diego 0

Drug Manufacturer Pfizer, Inc. issued a recall on February 1 of approximately 1 million birth control pills due to a manufacturing problem that led to pills in some of the packets being placed out of order. According to CBS News, the affected packets are Lo/Ovral-28 and the product’s generic equivalents, called norgestrel and ethinyl estradiol.

The company’s birth control packet contains 28 pills, with seven of the pills being placebos. The pills are ordered in a specific arrangement so as to mix in placebos with pills containing the active birth control ingredient. If three placebos are taken in a row, the protection of the pills will be negated. As the error in manufacturing the packets affected the order of the pills, consumers may be subjected to multiple placebos in a row, wearing off the birth control’s effects without their knowledge.

While approximately 1 million are included in the drug recall, Pfizer believes that only around 30 packets contain the flaw.

Affected packets are pink with either the drug’s brand name or generic name printed on them, as well as the name Akrimax; however, Pfizer’s logo does not appear on them. The recalled line has expiration dates ranging from July 31, 2013 through March 31, 2014.

We understand how even a small defect in a product that requires precise use, such as birth control, can cause major complications for consumers. If you or a loved one has suffered injuries or losses due to a dangerous or defective product, one of our San Diego defective product attorneys can aid you in seeking compensation from the at-fault company. Call us today for a complimentary consultation on your case by our experienced law team.

US Government Recalls Childrens’ Playsets Used in San Diego

February 6, 2018 Injury Lawyer San Diego 0

The US Consumer Product Safety Commission and Playland International of Carrollton, Georgia, announced a voluntary recall of Arch Swing Sets commonly used in San Diego County playgrounds.

The reason for the recall is that the metal around the welds on the top of the set frame can fail and cause the top bar to fall injuring children and bystanders.

The Arch Swing Sets were sold between September 2001 through May 2006 and are constructed of 3.5 inch metal frames that come in a variety of colors. Illustrative pictures are here:

If you are concerned that you, a neighbor, or a public park are using the Arch Swing Set after the recall, please let them know about it right away. If you want any more information or you have been injured by a defective Arch Swing Set, please contact the experienced defective product attorneys.

Santee Roadway Sign Encourages Drivers Not to Drink and Drive

February 6, 2018 Injury Lawyer San Diego 0

A new sign reading “Please Don’t Drink and Drive” greets drivers on state Route 125 in Santee, the legacy of a fatal drunk driving crash in 2009 that claimed one life and sent another driver to the hospital with serious injuries. The sign was paid for by the deceased driver’s family, who wanted a way to warn other drivers against causing these preventable car crashes and to remember their loved one.

The sign honors the victim of the 2009 crash, who lost her life when an intoxicated teen driver crashed into her vehicle. The teenager survived the accident, but suffered brain damage including memory loss and blindness in one eye. Now at the age of 21, the driver has joined the fight to eliminate drunk driving and encourage others to drive safe and sober.

Driving under the influence of alcohol or other drugs (DUI) in San Diego can carry both criminal penalties and civil ones. The families of a motorist, pedestrian, or other person killed in a drunk driving crash may be able to seek compensation in the form of a car accident wrongful death claim against the impaired driver who caused the crash. While financial compensation can’t restore a lost loved one to life, it can make planning for the future easier for those left behind.

If someone you love has lost their life in a drunk driving or other car accident, please don’t hesitate to contact our experienced car accident wrongful death attorneys in San Diego to learn more about your legal rights and options. Call us today for a free and confidential case evaluation.

Contingency Fees Preferred by Clients, Study Finds

February 6, 2018 Injury Lawyer San Diego 0

The Manhattan Institute is a conservative think tank that pushes a tort-reform agenda as it attacks plaintiffs’ attorneys for numerous evils, both real and perceived. One of the primary gripes tort-reformers have against plaintiffs’ attorneys is that the contingency fee agreements used so prevalently in litigation–a legal fee agreement where the client pays a percentage of any recovery to the attorney for his services–unjustly exploit clients who cannot afford hourly attorneys’ fees and thereby unjustly enrich attorneys at their expense.

So, it’s ironic that The Manhattan Institute’s PointofLaw website recently published a story describing the findings of a legal fees study performed by Israeli behavioral economists Eyal Zamir and Ilana Ritov. The study, titled, “Neither Saints nor Devils: A Behavioral Analysis of Attorneys’ Contingent Fees” found that–contrary to the beliefs of tort-reformers–the vast majority of litigation clients prefer contingency fee agreements to the traditional billable hour fee agreement.

The study reaches a number of conclusions, but the key conclusion is that clients are risk-averse. They prefer a fee arrangement where the attorney shares the risk of litigation with them, even if that means the client ends up paying more in attorneys fees for that service. The attractiveness of the contingency fee agreement is that if the client wins, he will recover monetary damages, and, if he does not win, he does not owe any money in attorneys fees (“heads I win, tails let’s call it even).

Think about the utility and value of the contingency fee agreement the next time you hear some tort-reform argument, or, worse yet, a tort-reform initiative seeking to ban the contingency fee agreement.

Judge to Review Verdict in San Juan Capistrano Bicycle Accident

February 5, 2018 Injury Lawyer San Diego 0

This Friday, a judge will review a $8.3 million verdict against the City of San Juan Capistrano awarded to a 14-year-old boy, Trenten Miller, who lost his leg during a bicycle accident.

The judgment was to be finalized last month. However, San Juan Capistrano decided to file an objection to the jury findings and overturn the verdict. Superior Court Judge Thierry Colaw set a hearing to hear the City of San Juan Capistrano’s motion this Friday.

In December, an Orange County jury found that the City of San Juan Capistrano liable to Miller because the City created a dangerous condition at an intersection. Miller was the passenger on his friend Scott Agostini’s dirt bike. Overgrown vegetation in the median of the intersection made it difficult for Miller and Agostini to see oncoming traffic as they attempted to cross the intersection of San Juan Creek Road and Paseo Christina.

The jury ruled in favor of the bicyclists, ruling the City of San Juan Capistrano to pay Miller $7.1 million and $1.1 million to Agostini. The verdict was reached three years after the bicycle accident and after Miller unsuccessfully attempted to settle the suit in mediation. Prior to the jury’s verdict, the City of San Juan Capistrano’s only offer was $1 million, which Miller rejected.

California Medical Board Allows Doctor to Keep License After Aiding Illegal Abortions

February 4, 2018 Injury Lawyer San Diego 0

The California Medical Board permitted a doctor to keep his license after committing medical malpractice by aiding an unlicensed doctor perform illegal abortions. Dr. Mohammad Bararsani, who runs a cash-only abortion business at his Women’s Care Center on Crenshaw Boulevard in Torrance, California, was also charged with seven other cases of negligence and incompetence. Associates of Dr. Barasani have committed medical malpractice by performing abortions in San Diego without a medical license.

The charges against Dr. Bararsani arise from his actions to help Edgar Ruiz perform illegal abortions.

This is not the first time Dr. Barasani has worked with people performing illegal abortions. Bararsani, a 1964 graduate of Tehran University School of Medicine, has worked with Edgar Ruiz, a doctor licensed in Nicaragua. He has also worked with Bertha Bugarin who is awaiting sentencing for posing as a doctor and performing illegal abortions in both Los Angeles and San Diego counties.

For whatever reason, the California Medical Board decided to allow Dr. Barasani to keep his medical license after performing some minor probation tasks. For his probation, he must complete an education course, a medical records class, and is prohibited from supervising physician’s assistants.

Although the topic of abortions is usually a lightning rod topic, it is important to remember that it is a medical procedure. It is also a medical procedure that presents risks of infertility, infection, and even death. Quite honestly, it is amazing that the California Medical Board did not do more to protect Californians—and San Diegans—from his practice of using unlicensed doctors to perform abortions on low-income women.