San Diego Personal Injury Lawyers Blog

Dog bite injuries are unfortunately common with certain breeds of dogs - in particular, pit bulls. These dogs cause serious injuries and attack people, often because of their aggressive nature and the power of their bite. Typically a pit bull does not bite just once, but continues to attack until its prey succumbs.

California has a strict liability dog bite statute that states that the owner of a dog is liable for damages (injuries) inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342).

The dog owner is strictly liable, regardless of whether the dog had ever bitten before or shown aggressive tendencies. In California, the dog does not get "one bite free."

In all dog bite cases, it is essential that measures be taken promptly to preserve evidence, investigate the incident in question, and to enable physicians or other expert witnesses to thoroughly evaluate all injuries. The injuries should be immediately photographed, in order to document the evidence.

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole. However, under circumstances where a relative witnesses the attack on a loved one, the relative may also have a claim for the emotional distress suffered by observing the dog bite attack.

Also, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is a possibility that the party can also recover what are known as "punitive" damages. These damages are designed not for the purpose of making the injured party "whole," but rather, to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal which could cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical case.

Continue reading "Have You Been Injured In A Dog Bite Attack?" »

Today, the U.S. Consumer Product Safety Commission announced a voluntary recall of the following consumer products. Consumers should stop using these products immediately, unless otherwise instructed.

Product: Full-Size & Portable Drop-Side Cribs

Units: Approximately 22,000

Importer: Dream on Me, Inc. of Piscataway, New Jersey

Hazard - Full-Size Cribs: The drop-side rail hardware can break or fail, allowing the drop side to detach from the crib. When the drop-side rail partially detaches, it creates a space between the drop side and the crib mattress. An infant or toddler's body can become entrapped in the space, which can lead to strangulation and/or suffocation. A child can also fall out of the crib.

Hazard - Portable Cribs: The drop-side rail hardware can break or fail, allowing the drop side to detach from the crib or fall unexpectedly. In addition, the portable crib mattress support hardware and the drop-side release latch can break easily, and the slats can loosen or break and detach from the crib. Children can also cut themselves on exposed hardware inside the cribs.

Description: The cribs are drop-side wooden cribs, painted or stained in black, cherry, dark brown, natural, white, and pink.
* Full-Size Cribs: Models 613, 615, 616, 617, 619, 628, and 639 are included in this recall. The model number and "Dream on Me Inc." are printed on a label located on the inside of one of the end panels. The label lists a manufacture date between January 2006 and December 2009.

* Portable Cribs: The cribs are smaller than full-size cribs and the ends fold in to facilitate portability. Model numbers 621, 625 and 627 are included in this recall. The model number and "Dream on Me Inc." are printed on a label located on the mattress board. The label lists a manufacture date between August 2007 and February 2009. Sold at Toys R Us, Walmart & Target stores nationwide and online at Amazon.com. The full-size cribs were sold from January 2006 to December 2009 for about $200. The portable cribs were sold from September 2007 to December 2009 for about $150.

Remedy: Consumers should immediately stop using these cribs and contact the company.

* Full-Size Cribs: Consumers will be given a free kit that will immobilize the drop side. Kits will be available beginning June 30, 2011.

* Portable Cribs: Consumers can receive a free replacement portable crib with fixed sides. Replacement cribs will be available in mid-July 2011.

For additional information, contact the firm toll-free at (877) 201-4317 between 9 a.m. and 4:30 p.m. ET Monday through Friday, or visit www.dreamonme.com

Continue reading "Safety Recall ~ Dream on Me Cribs ~" »

Have you or a loved one been seriously injured or killed in an automobile accident in San Diego County? If so, you should consult with an experienced San Diego personal injury attorney to find out what your legal rights are and what your next step should be. Attorney Jason Kerckhoff knows how serious and life-changing accidental injuries can be, and how frustrating it is to try to obtain relief from insurance companies and other responsible parties.

Choosing A San Diego Injury Attorney

After an automobile crash or any other event involving serious injury or the wrongful death of a loved one, it is extremely important to work with a law firm that specializes in personal injury. Unfortunately, sometimes people are negligent, reckless, or violent, and their irresponsible or wrongful behavior causes injuries to innocent victims. When these tragic, expensive injuries happen to you or a loved one, the person or company who caused the injuries should be held responsible.

The types of skills required to successfully handle a serious automobile accident or wrongful death case are very specific. Our San Diego personal injury law firm is dedicated to assisting injury victims in obtaining the maximum financial compensation they are entitled to, so that they can move on with their lives.

10news.com has reported that a 68-year-old Lakeside man died in a local San Diego hospital just hours after being rear-ended on State Route 52 in Santee.

Gary L. York was traveling westbound on his three-wheel motorcycle near Fanita Drive at approximately 8:40 a.m. yesterday morning, when he was rear-ended by a sedan and then thrown from his vehicle.

He was transported by paramedics to Sharp Memorial Hospital, where he passed away at 2:57 p.m.

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Investigation Of The May 4th Santee Crash

CHP officers are still conducting their investigation into the cause of this fatal crash, to determine who will be found liable for the harm that was caused. If the driver of the sedan is ultimately found to be responsible, then that person will be liable for the damages caused to the victim and his family.

Wrongful Death Liability

When a person is killed due to someone else's negligence, the victim's family would benefit from speaking to a San Diego wrongful death lawyer about the incident and the wrongful death liability issues involved. An experienced attorney can help the family members of the victim find answers regarding what happened and who should be held responsible, as well as explain what the family members' legal rights and options are should they wish to pursue a wrongful death claim.

For a free consultation, please call Kerckhoff Law, APC toll-free at (866) 606-3059 or click here to fill out our confidential intake form.

Continue reading "Lakeside Motorcyclist Fatally Wounded After Being Rear-Ended On SR-52 ~" »

Local news agencies have reported that a Cardiff-By-The-Sea woman was killed in a fiery weekend traffic incident that also killed a second person and injured three others. Christina Donaghy (40) sustained fatal injuries when the eastbound Porsche Targa convertible in which she was a passenger veered into a westbound lane at a high rate of speed. It crashed into an oncoming pickup truck on Manchester Avenue in Encinitas at approximately 8:00 p.m. Sunday.

Sherriff's report that Ms. Donaghy was ejected from the car and died at the scene. A second passenger, believed to be a 61-year-old man from Tahoe City, also died inside the crumpled sports car, which caught fire following the collision.

Paramedics airlifted the driver of the Porsche to UCSD Medical Center in San Diego for treatment of severe injuries. As of May 3rd, he remained hospitalized in serious condition.
Test results are pending regarding whether the Porsche driver was intoxicated at the time of the crash.

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The driver of the pick-up truck was treated at the scene for superficial injuries, while his female passenger was transported to a local emergency room for treatment.

Witnesses reported that the driver of the sports car was speeding at 70 to 80 mph just prior to the crash near MacKinnon Ranch Road.

Investigation Of The May 1st Encinitas Crash

Sheriffs officers are still conducting their investigation into the cause of this fatal crash, to determine who will be found liable for the harm that was caused. If the driver of the Porsche is ultimately found to be responsible, then that person will be liable for the damages caused to the victims and their families.

Wrongful Death Liability

When a person dies due to the negligence of another, his or her family would benefit from speaking to a wrongful death lawyer about the incident and the wrongful death liability issues involved. An experienced attorney can help the family members of the victim find answers as to exactly what happened and who is responsible, as well as explain what the family members' legal rights and options are should they wish to pursue a wrongful death claim.

Continue reading "Cardiff-By-The-Sea Crash Kills Two People ~" »

Every year there are hundreds of thousands of accidents that result in head injuries. While most head injuries are mild to moderate in severity, some can be serious, causing traumatic and irreversible injuries to the brain. Traumatic Brain Injury (TBI) can cause temporary or permanent damage that may significantly diminish the quality of life of the injured. People who sustain brain injuries deserve compensation for their medical bills, lost wages, and reduced capacity to perform routine tasks after the accident.

Head injuries occur when the brain is struck with a sudden physical force, such as when one's head hits the dashboard or the windshield in a car accident. Traumatic brain injury occurs when the brain bounces against the inside of the skull during such an impact. The greater the force, the more likely it is that serious damage will occur. Tearing, bruising, and bleeding of the brain can cause permanent brain damage that affects every aspect of the victim's life.

In most cases, TBI is caused by blunt force trauma to the head by some sort of object. These types of injuries are called "closed head injuries" because the skull has not been fractured. Closed head injuries can also occur when the head undergoes a severe forward or backward shaking motion, such as when whiplash occurs in a car accident. In either case, closed head injuries can present unique challenges at trial due to the fact that there are usually no external symptoms that would indicate the severity of the damages.

Another way in which TBI can be caused is a "penetrating head injury," in which a wound is caused by an object that penetrates the skull, but does not exit, thereby becoming lodged in the person's brain. Examples of this particular type of brain injury include gunshot wounds and stab wounds. Gunshot wounds can cause damage not only to the tract in which the bullet entered the brain, but also to surrounding areas depending on a multitude of factors, including the speed and caliber of the bullet. A stab wound, on the other hand, is caused by objects such as glass, nails, and even metal. The damage inflicted in these types of wounds is more localized to the tract in which the object entered the skull, and typically occurs in the skull's thin bones.

Whether an injury sustained is a closed or penetrating head trauma, it is imperative that you seek medical attention immediately. Additionally, it is equally important that you or your family talk to an attorney as soon as possible. In cases involving Traumatic Brain Injury, it is essential that measures be taken promptly to preserve evidence, prove the nature and extent of your injuries, and to enable expert medical witnesses to evaluate and support the cause of your injuries.

If you or a loved one has suffered what you believe may be a Traumatic Brain Injury, please call Kerckhoff Law, APC toll-free at (866) 606-3059 or click here to fill out our confidential intake form.

Continue reading "TBI Overview For San Diego Injury Victims -" »