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The “Ghost Ship” Fire and Wrongful Death Liability

 Posted on December 12, 2016 in Wrongful Death

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.  

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How to Handle Being the Victim of a Hit-and-Run

 Posted on December 05, 2016 in Personal Injury

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.

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When a Bar Fight Results in Catastrophic Injuries

 Posted on November 22, 2016 in Catastrophic Injuries

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:

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Obtaining Compensation for the Untimely Death of a Family Member Due to a Truck Collision

 Posted on November 15, 2016 in Truck Accidents

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

Commercial trucks have strict regulations for several reasons, not the least of which is the obvious fact that these vehicles are significantly larger than typical passenger vehicles. When the two collide, the passenger vehicle often sustains significantly more damage. Victims of these crashes can suddenly and unexpectedly be left with bills, including:

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One-Bite Dog Rule is Inapplicable in California

 Posted on November 08, 2016 in Dog Bites

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:

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Electrocution Injuries While on the Job

 Posted on November 01, 2016 in Workplace Accidents

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

The human body is a wonderful conductor for electricity. An electrical injury can cause damage to both the skin and internal organs. The severity of such an injury depends upon the length of contact, the strength of the voltage of the source, and the general health of the individual. When the human body comes into contact with electricity, serious injuries can result and may include the following:

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Holidays Lead to Increased Distractions

 Posted on October 27, 2016 in Car Accidents

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:

  • Time constraints;
  • Bulky winter clothing;
  • Weather hazards;
  • Adjusting of the temperature controls to defrost, defog, and heat;

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Practice Motorcycle Safety During Winter Months

 Posted on October 19, 2016 in Motorcycle Accidents

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:

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Tired Truckers Should Be Held Accountable

 Posted on October 13, 2016 in Truck Accidents

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

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California Burn Injuries

 Posted on October 05, 2016 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:

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