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Fumigation Chemicals Lead to Fatal Incident in Southern California

 Posted on July 28,2020 in Premises Liability

Santa Clara County personal injury attorney premises liability

Due to the perennially warm climate, residential and commercial properties in California may require regular fumigation to help protect the health of both the buildings and their residents from infestations. Among the nastier types of insects, Californians may have to contend with are bed bugs, cockroaches, and termites. A report released by Orkin Pest Control ranking the top 50 cities most at risk for termite damage in the United States placed three major California cities within the top 15: San Diego in 11th place, San Francisco at 9th, and Los Angeles as the 2nd most at risk for termite damage in the entire country.

Due to the high risk of infestation, especially along coastal cities including San Jose, CA properties may require pest control operations—including fumigation—from time to time in order to ensure the structural integrity of buildings and the health of their residents. Although the process of fumigation is often considered low risk for humans when proper precautions are taken, the recent death of a Whittier resident as reported by The Mercury News highlights the fact that pest control operations are not without risk. “Pest exterminators were not actively working at the house at the time, but it was still filled with toxic chemicals,” the news agency reported.

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When Is a Consumer Product Considered Defective in California?

 Posted on July 26,2020 in Defective Products

Santa Clara County defective product injury attorney

Injuries associated with consumer products accounted “for nearly one-third of all unintentional fatal injuries and nearly half of medically attended nonfatal injuries,” according to a report released by the U.S. Consumer Product Safety Commission (CPSC) in 2018. Based on the latest data available—41,200 Americans are fatally wounded by a consumer product-related injury every year, and 39.8 million will require medical treatment for their injuries. This means nearly one out of every 10 Americans will receive medical attention due to such an injury.

What Is a Consumer Product?

The CPSC is a government agency created to protect citizens “from unreasonable risk of injury and death associated with consumer products.” The regulatory body excludes some common items from the definition of a “consumer product” because these items fall under the jurisdiction of other government agencies, including, but not limited to boats, firearms, tobacco, automobiles, and more.

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When is a Golf Resort Legally Responsible for a Person’s Injuries?

 Posted on June 09,2020 in Premises Liability

San Jose premises liability lawyersFor many people, there is little else they would rather do on a nice day than go golfing. While we do not typically think of golf as a sport that is likely to cause a player injury, serious golf resort injuries do occur. In some cases, the injury is simply caused by bad luck. In other cases, the injury is a direct result of the golf resort’s failure to maintain a safe premises. If you or a loved one have suffered a major injury at a golf course, you may wonder whether or not you will be entitled to compensation. Determining fault for a golf-related injury is often a tricky process, so getting help from an experienced personal injury attorney is crucial.

Premises Liability Injuries on a Golf Course

Golf is not a high impact sport, however, there are still many ways that someone playing golf can be seriously injured. Sometimes, the injury is the result of the player’s own actions. For example, if a golfer is driving a golf cart in a wildly erratic manner and crashes the vehicle, it is unlikely that the golf resort would be held liable for the golfer’s injuries. However, a golf resort may be liable for injuries caused by an unreasonably dangerous condition on the property.

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Risk of Being Hurt in a Traffic Accident or Boating Accident Increases on Memorial Day Weekend

 Posted on May 11,2020 in Personal Injury

San Jose personal injury attorneysIf you are like most people, you probably think of Memorial Day as the official beginning of summer activities. You may enjoy a cookout or day at the lake to commemorate the holiday, or you may simply enjoy the long weekend at home with your family. Whatever your Memorial Day plans, you should know that the risk of being a car accident or boat accident will be higher than normal during the holiday weekend.

Car Accidents Increase During Holidays

Memorial Day is considered one of the most dangerous days to be on the road for several reasons. For many, the holiday would not be complete without a summer cocktail or cold beer. Unfortunately, some people underestimate the amount of alcohol they are consuming and end up intoxicated behind the wheel. Drunk driving accidents peak during holidays such as Memorial Day. During the 2016 Memorial Day weekend, 36 percent of fatal car accidents involved a driver impaired by alcohol. Drugged driving is also a serious concern. People under the influence of cannabis, prescription drugs, or other substances may experience delayed reaction time and other effects that make them more likely to cause an accident. If you are planning to be on the roads during the upcoming holiday, make sure to be extra vigilant for drivers who are impaired by drugs or alcohol.

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Injuries Caused By Building Code Violations

 Posted on April 17,2020 in Premises Liability

San Jose personal injury attorneysAn unexpected accident such as slip and fall can happen to anyone at any time. Every year, millions of individuals are injured in accidents on both public and private properties. Some of these injuries are caused by defective conditions on the property itself. Buildings that are not in compliance with state and local building codes can present an unreasonable risk to guests to that property. If you or a loved one were injured in an accident involving building code violations, you may be entitled to compensation.

Understanding the Importance of Building Codes

“Building codes” refers to the standards that regulate building design and construction. Building codes require materials, building practices, and structures to meet certain standards for reliability and safety. Common building code violations include:

Mental Injuries in Your California Personal Injury Case

 Posted on January 14,2020 in Personal Injury

San Jose personal injury attorneysMany people do not realize that many physical injuries also cause serious mental injuries. A person who is involved in a brutal car accident may experience extreme anxiety and fear for months or even years after the accident. An individual who is hurt in an attack caused by negligent security may experience flashbacks and nightmares of the incident that leave him or her unable to live a normal life. If you have been involved in a serious accident and are now suffering psychological symptoms as a result, you may be able to get compensation for these mental injuries through a personal injury lawsuit.

Post-Traumatic Stress Disorder

One of the most common types of mental injuries that a person involved in an injury-causing incident can develop is post-traumatic stress disorder (PTSD). The symptoms of PTSD include flashbacks, nightmares, emotional numbness, insomnia, problems with concentration, being easily startled, and more. A person suffering from PTSD may go out of his or her way to avoid activities or places that remind him or her of the traumatic experience. Someone involved in a car accident may find it hard to even ride in a vehicle let alone drive after the incident. The symptoms of PTSD can dramatically affect a person’s ability to function normally.

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Study Links Stress Hormone Levels to Crash Risks for Teen Drivers

 Posted on November 25,2019 in Car Accidents

San Jose personal injury attorneysAccording to the Centers for Disease Control and Prevention (CDC), drivers between the ages of 16 and 19 years old are at a higher risk for a car accident than those in any other age group. In facts, teenage drivers are three times more likely per mile driven to be involved in a fatal accident that drivers over the age 20. Some teens, of course, are very conscientious drivers, but unfortunately, accidents still happen. A recent study suggests that that monitoring levels of a certain stress hormone may help predict how likely a teen is to be involved in an accident.

Testing Cortisol Levels

The study found that newly-licensed teenagers who produced lower levels of the stress hormone cortisol were more likely to be involved in an accident or near-accident. According to Dr. Dennis Durbin, co-scientific director of the Center for Injury Research and Prevention at the Children's Hospital of Philadelphia, this may indicate that people who experience heightened emotions in stressful situations use those emotions to learn more quickly when behind the wheel. Dr. Durbin did not conduct the study, but he did co-write an editorial that was published along with the findings.

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Alcohol and Drug Addiction Among Truck Drivers Contributes to Dangerous Crashes

 Posted on November 11,2019 in Truck Accidents

San Jose trucking accident lawyersThe trucking industry is absolutely essential to the flow of goods across the United States. An estimated 80 percent of U.S. cargo is transported by hard-working men and women who drive tractor-trailers, 18-wheelers, and other large trucks. Driving a semi-truck across the country can a tedious and isolating job. Truck drivers are expected to endure harsh road and weather conditions, long periods of time away from family and friends, and erratic sleep schedules. Unfortunately, some truck drivers turn to drugs and alcohol to cope with the strenuousness of their job. Considering how destructive truck accidents can be, the prevalence of drug and alcohol use in truck drivers is extremely concerning.

Fatal Truck Accidents on the Rise

The same features that make 18-wheelers and other large trucks so useful for transportation make them deadly during a traffic accident. A large truck cannot maneuver through traffic the way an averaged sized vehicle can. If a stalled vehicle suddenly blocks the road ahead, for example, cars may have enough time to dodge the stalled vehicle or come to a stop. A fully-loaded tractor-trailer takes approximately 20-40 percent farther to come to a stop than a small car does. This difference in stopping time can mean the difference between life and death. Data shows that there were just under 4000 fatalities caused by truck crashes in 2016. This number represents a 27 percent increase from the number of fatalities in 2009.  

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Lawsuit Against California Drug Manufacturer Alleges Profits Were Prioritized Over Safety

 Posted on August 02,2019 in Defective Products

San Jose personal injury attorneyIn decades past, a diagnosis of Human Immunodeficiency Virus (HIV) was akin to a death sentence. However, incredible advances in both HIV treatment and prevention have significantly reduced the number of people who die from Acquired Immunodeficiency Syndrome (AIDS). By simply taking a pill, many people have been able to successfully reduce their chances of acquiring the HIV virus while others are able to take medications to slow the progression of AIDS. However, a product liability lawsuit aimed at a company who manufactures these types of drugs asserts that the drugs are not as safe as the public has been led to believe. The AIDS Healthcare Foundation is now asking one HIV/AIDS drug manufacturer to compensate victims for exposing them to unnecessary medical risks associated with these drugs.

HIV Litigation Attorneys Demand Victim Compensation

A lawsuit filed in Alameda County seeks to hold HIV/AIDS drug manufacturer Gilead Sciences Inc. accountable for purportedly failing to fix a defect in one popular medication. The lawsuit alleges that a medication manufactured by Gilead Sciences Inc. which is designed to prevent and treat HIV/AIDS was not as safe as it could have been.

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Pursuing Compensation After Your Child Was Hurt at Daycare

 Posted on July 23,2019 in Premises Liability

Santa Clara County personal injury attorneyIf you are a parent, you probably already know how difficult it can be to leave your child in the care of others. Working parents across the nation trust daycare, before and after school program, and other child care workers to take care of their precious loved ones. They trust that the staff at the child care facility will keep a sanitary and hazard-free environment and that their child will return from the facility without injury. Unfortunately, this not always the case. If your child was injured by a negligent child care facility, you may be able to recover compensation for your damages.

Daycare Injuries and Illnesses Should Be Assessed by a Medical Professional

If your child was injured or contracted an illness at daycare, it is crucial that you have their injuries checked out by a doctor or other qualified medical professional. If the injury is due to a negligent facility or staff member, you may consider seeking compensation for the damages at a later date. Evidence in the form of an official medical record is almost always necessary to bring a successful personal injury claim and child care injuries and illnesses are no exception. Some injuries and illnesses can seem minor at first, but then develop into more serious conditions. Getting your loved one checked out by a professional not only secures your ability to seek compensation in the future, it may also prevent the child’s condition from worsening.

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