Menu
Recent blog posts

San Jose dog bite injury lawyer, dog bite lawEach year, approximately five million dog bites occur throughout the United States according to the CDC. The locations of the injuries range anywhere between a finger or ankle nip to facial attacks and broken bones. Death is also a very real possibility, especially in cases involving children and large dogs.

In response to the prevalence of dog bites, California became a strict liability state—a dog that bites is the full responsibility of the owner. Dog bite law does not solely govern vicious attacks but any incident where the tooth of a dog breaks the skin. Those suffering from a dog-inflicted wound often have pressing questions about what to do next.

What Do I Do if I Have Been Bitten?

...

Santa Clara wrongful death attorney, wrongful death lawsuitThe sudden passing of a loved one leaves those left behind grieving and searching for answers. If the intentional or negligent behavior of another individual caused death, it is only right that the at-fault party be held accountable.

The unexpected medical, funeral, and other associated costs can take a financial toll on even the ablest families. One possible option is to file a wrongful death claim against the person or persons responsible for the death. However, it is imperative to take action as soon as possible to better the chances of a strong case.

Statute of Limitations

...

Santa Clara County construction accident attorney, workplace accidents, serious fallsConstruction sites are hazardous environments. Regardless of personal protective equipment—joint pads, helmets, or slip-proof shoes—accidents occur on construction sites at an alarming rate.

Each year, the United States Department of Labor and the Occupational Safety and Health Association (OSHA) work in conjunction to update the safety standards to prevent future incidents. However, each construction site has many employees in the vicinity at any given time, from those building the structure to approving permits, adding electricity, installing plumbing, and more. Each has a standard of care to which they must adhere. However, if any individual is negligent in these duties, workplace accidents may occur and cause severe injuries or even death.

Prevalence of Construction Site Accidents

...

San Jose, CA personal injury attorney, cell phone usageThe use of cell phones has increased greatly over the years. From bathrooms to highways, cell phones are everywhere. Moreover, distracted driving while using a phone for any reason is blamed for the deaths of nearly 3,200 Americans in 2014.

These massive numbers motivated legal officials to take a stand to protect our citizens. As of January 1, 2017, California lawmakers have made it illegal to hold a cellular device while driving a motor vehicle

Law Restrictions

...

San Jose truck accidents, San Jose, CA truck accident attorneyMassive 18-wheeled big rigs dominate our nation's roadways. These overpowering vehicles drive our nation’s economy while also overpowering all other vehicles on the main highways and city streets. The sheer size and momentum brought forth by these vehicles makes them an intimidating force when traveling next to a non-commercial vehicle. Additionally, in certain cases, truck drivers leave a devastating wake behind them full of destruction and heartache for those unfortunate enough to cross their paths. Even with a recent decline in fatalities due to truck accidents, far too many families suffer at the hands of drivers who negligently operate their machinery.

Statistics

Due to ongoing investigations from two previous years, the most up-to-date and conclusive information available is 2014. Fatality Analysis Reporting System (FARS) only began in 1975, making most of the information available relatively new, but still useful in witnessing trends. Some of the most alarming statistics from recent years include the following:

...

b2ap3San Jose motorcycle injury attorney, motorcycle injuries_thumbnail_motorcycle-injuries-San-Jose.jpgStudies show that the inability of finding a trustworthy mechanic is the number one reason why many Americans do not ensure they perform proper maintenance on their investment. One study went so far as to say 86 percent of the population believes they pay outrageous costs for unnecessary repair work. Regardless of whether this belief is justifiable leads thousands to put off repair work beyond minor upkeep, often compounding any underlying issues.

Regular maintenance repair is imperative to the safety and functionality of all vehicles. While maintenance procrastination is a dangerous practice for drivers with traditional four-wheeled vehicles, motorcyclists should be even more cautious because a seemingly small issue, if left unresolved, can lead to motorcycle injuries or even death.

Mechanic’s Liability

...

San Jose dog bite attorney, dog bite casesDog bites have the potential to cause a significant amount of damage. Even in with small dogs, a well-placed attack can cause life-long injury, disfigurement, or even death. In incidents where the victim is a child, especially those under the age of five years, the effects are often especially heinous. The laws surrounding these vicious canine attacks are unique to this age group.

Higher Risk Factor in Children

Children are more likely to sustain a bite from an animal than an adult. Dog owners should be aware of their dog’s behavior, from their body language to history. Additionally, with strangers, these owners should always use extra caution upon the first few introductions.

...

Posted on in Wrongful Death

San Jose wrongful death attorney, social media, personal injury claimSociety has changed over the last few decades. With the emergence and development of social media accounts, everything from the birth of our children to the funeral arrangements of a family member is on public display for those on our contact lists to see. In daily life, this is fine to do and even has several benefits for many Americans. However, when an individual is involved in a courtroom battle of any kind, including wrongful death or personal injury, it is best to avoid posting anything on social media accounts.

Prove it to Win it

Although a wrongful death claim and a negligence case are different in various ways, the aspects necessary to create a winning case are similar. Insurance companies and other attorneys understand that these types of cases must be treated similarly to a criminal investigation—both sides scour social media posts and all other avenues for evidence on either side.

...

Santa Clara vision impairment attorney, vision impairmentWe rely on our five senses to operate on a daily basis. Those senses are sight, smell, taste, sound, and touch. Once accustomed to utilizing all five consistently, having any one of them unexpectedly removed or altered is life-changing. Therefore, when it comes to a loss of sight, also known as blindness, the resulting obstacles leave many families struggling to adjust.

Any extreme loss of sight has the potential to become devastating—physically, emotionally, and financially. If an accident occurs due to the negligence of someone else, and vision impairment is caused, then that individual should rightfully be held accountable.

Loss of Sight

...

California wrongful death lawyerOn Friday, December 2nd, 2016, the city of Oakland experienced a significant tragedy. An old converted warehouse, known as the “Ghost Ship,” caught fire with more than 100 individuals reportedly inside. The incident is still under investigation. This location functioned as a workplace as well as a living facility for a number of struggling artists and musicians from the Bay Area. Several reports indicate that structure was dilapidated and not in compliance with municipal building and safety codes. While officials have not released the cause of the blaze, questions abound regarding the possible liability for wrongful death.

Deadliest Fire in Recent History

According to official reports, the fire claimed the lives of 36 individuals, at least one a legal minor. The location was run by a husband and wife team, who also lived there with their children. Early reports claim that the couple collected rent from tenants and had even gone so far as parking half a dozen RVs on the first floor for residents. The converted warehouse was also full of rugs, pianos, old sofas, and statues, which blocked exit routes and ignited quickly once the fire started. It also appears that a nightclub of sorts operated inside of the building.  

...

hit-and-run victim, San Jose personal injury attorneyMore accidents occur each year in California than in any other state. However, there are also more people in California than in any other states. Of these car accidents, hit-and-run occurrences happen at an alarming rate—about 20,000 cases each year as reported by the California Highway Patrol. Many victims are left each year with a significant financial burden and no one to pay. Who pays the bill in these cases?

Your Options in The Golden State

During an ordinary traffic accident, the at-fault driver will stop, enabling their negligence to be confronted but preventing further legal difficulties. Strict laws are in place prohibiting leaving the scene of an accident without exchanging pertinent information. Although there are exceptions—leaving your information on a parked vehicle in a parking lot where the driver is unavailable—it is the responsibility of every driver to stop after their involvement in such an accident. However, not all drivers remain at the scene of a hit-and-run accident.

...

San Jose, CA personal injury attorney, catastrophic injuries, bar fight,Imbibing in alcohol is a popular social pastime within the United States, especially following a long work week. Those who partake in alcohol often do so to enjoy the psychological effects, including the release of inhibitions and social anxieties. These effects influence behavior otherwise unseen under normal circumstances. Occasionally, too much alcohol results in aggression that escalates into a fight. Unfortunately, these physical altercations can lead to catastrophic injuries or even death.

What is a Catastrophic Injury?

The familiar term “catastrophe” refers to a sudden and unforeseen event that has a disastrous end. In a legal sense, injuries that are catastrophic prevent a victim from performing everyday behaviors permanently. Injuries classified as catastrophic dependent on their severity are:

...

San Jose, CA truck accident attorney, truck collisionWhen a family member passes away unexpectedly due to the negligence of a truck driver, your life is turned upside down. Commercial drivers owe a duty to their families, as well as to the community and other drivers on the road, to drive with caution. Yet many truck drivers face impossible deadlines imposed by companies trying to increase revenue.

Although restrictions have been placed by lawmakers to decrease truck accident fatalities, truck drivers may still cut corners with the approval of their employers. Yet who is responsible for the death of your loved one in these cases?

Unexpected Bills

...

San Jose, CA dog bite injury attorney, one-bite dog ruleAnnually, an estimated 4.5 million dog bites occur each year in the United States. Many attacks result in fatalities and serious lifelong injuries. As the canine population increases, so does the need for legal protection and liability laws about an unprovoked assault by an animal. Many states have opted to give a second chance to those that have only bitten in a single isolated incident. However, California has chosen to eliminate the “one-bite rule” and hold owners strictly liable for the behavior of their furry companions.

California Dog Bite Laws

Once ownership begins between the dog and master, strict liability initiates. Even if the dog has no prior known history of viciousness or unprovoked bites, the owner becomes liable. The statute additionally extends to keepers and handlers of the canine. However, in these cases, previous knowledge of aggressive behavior must exist. Damages may be awarded to any victim of a dog bite if sustained in:

...

electrocution injuries, San Jose, CA workplace injury attorneyElectricians and construction site workers are exposed to potential electrical injuries daily. According to the U.S. Bureau of Labor Statistics, 1,738 occupational fatalities were caused by contact with an electric current between 2003-2010. In fact, the construction industry had the highest number of electrical fatalities—849.

To avoid workplace accidents, the safety of these individuals rests on the shoulders of both electricians and contractors. When safety guidelines are not followed properly, all workers are put at risk for exposure to potential electrical injuries.

Injuries Caused by a Contact with an Electric Current

...

San Jose personal injury attorney, holiday travel, distracted drivingWhen traveling from one destination to another, it is not uncommon to witness a driver talking or texting on his or her smartphone, applying makeup, or reaching into the backseat to assist a child. All of these distractions take a driver's concentration off of the road. However, the addition of the holidays can bring about an increase in distractions, drunk driving, and vehicle accidents

Plan for Other Distracted Drivers

During the holiday travel season you may encounter drivers who are distracted by more than a smartphone or child. Distractions may include the following:

...

winter motorcycle safety, San Jose motorcycle accident attorneyCalifornia is well known for extended seasons of tropical weather—an ideal location for year-round motorcycling. There are several reasons why to choose a motorcycle as the primary means of transportation. Along with the thrill of the ride comes the added financial benefit and increased mobility through traffic jams. However, one disadvantage is apparent when it comes to their physical size in comparison to other vehicles in a collision. Precautions must be taken at all times for motorcycle safety. Moreover, there are additional precautions that should be considered during winter months to prevent motorcycle accidents

Safety Tips for All Driving Conditions

Motorcyclists must follow the same laws of the road as any other vehicle. Additionally, the state has mandated requirements and suggestions that are in place to protect these riders. These safety measures for riders include the following:

...

b2ap3_thumbnail_tired-truckers-truck-driver-fatigue-San-Jose.jpgLack of adequate sleep is believed to be a predominate factor in many of the problems that ail our society today, not the least of which are the associated medical concerns. Studies show that only 65 percent of Americans regularly get the recommended seven hours of sleep at night. Hence, a significant portion of the population suffers from the effects during their daily routines.

Most individuals feel that a lack of sleep is a personal concern and should not be regulated. Yet what happens when fatigue leads to an accident that takes someone else’s life? As truckers spend a significant portion of their time on the roadways, it is imperative that these drivers get adequate sleep to ensure the safety of those around them.

It is Not Just Good Sense, it is the Law

...

Posted on in Catastrophic Injuries

burn injuries, San Jose burn injury attorneyBurns have the potential to be extremely serious or even fatal. The effect burns have on a victim can be devastating. Moreover, burns can come from a wide variety of sources. However, when burn injuries occur due to the negligence and disregard of someone else, there is an added layer of emotional responses. You have options to obtain financial relief from the accumulating medical dues as well as compensation for the pain and suffering endured.

Most Common Causes of Burns

According to the American Burn Association, 486,000 cases of burns have been reported in 2016, nearly 40,000 of them required hospitalization or treatment at trauma centers. First, second, and third-degree burns were suffered from home fires, occupational hazards, street and highway accidents, as well as recreational equipment. Burn statistics are as follows:

...

Posted on in Dog Bites

Santa Clara County dog bite lawyerSome laws may appear extraneous and unnecessary. However, for someone to set forth the effort to create a new law, someone, somewhere must have needed a definitive legal option. To many, California leash laws seem arbitrary, especially to those who have well-trained canines that listen and obey consistently. However, these laws are far from useless as they set out to protect innocent individuals from unprovoked dog bites.

Santa Clara County Leash Laws

Just like humans, canine animals do have “bad days”. They do experience shifts in mood and what normally would not bother them may be enough to make them lash out if the conditions are right, explaining why leashing is essential. The ordinances of Santa Clara County define leash laws. The Silicon Valley Animal Control Authority (SVACA) says that all canines require a leash if they are to be off of the private property of the owner, including land and vehicle. There are some areas in which a dog is not allowed at all, regardless of a leash, such as a city park. There are parameters for securing a dog. Some specifics include:

...
AvvoAV American Justice SCCTLA CAOC

Contact Us Now

Schedule a Free Consultation

While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with the attorney, please call at 408-293-7777 or complete the intake form below.

NOTE: Fields with a * indicate a required field.
*
*
*
John J. Garvey, III
10 Almaden Blvd, #1250
San Jose, CA 95113
Phone
408-293-7777
Fax
408-294-5890

Map and Directions