San Diego Personal Injury Lawyers Blog

Cases in San Diego involving a burn injury require proving a unique set of losses. Depending on the severity of the burn, the victim often suffers acute pain, scarring, and additional health complications. Since the skin is the organ protecting the body from infection and harm, any damage to the skin can easily lead to further injury to the body.

Common complications of burn injuries include infection, dehydration, hypothermia, and damage to internal organs. Depending on the amount and location of the scarring, the burned area can affect the victim's enjoyment of life, giving rise to claims for non-economic damages such as pain and suffering, in addition to any economic damages the victim has suffered (medical bills incurred, loss of earnings, etc.).

Burns caused by fires are oftentimes due to cooking accidents, careless smoking, misuse of heating equipment, or defective products. Manufacturers of defective products and negligent property owners alike can be held responsible. Products commonly associated with fires include stoves and fireplaces, kerosene heaters, flammable liquids, and upholstered furniture. Even poorly-made bathrobes or other types of clothing may potentially catch fire.

An experienced San Diego burn injury attorney can investigate the incident, collect evidence, and build a case against the person or company responsible, helping you receive the financial compensation you deserve, including damages for pain and suffering, medical expenses, and lost wages.

Continue reading "San Diego Burn Injury Lawyer ~" »

Most of us have heard about the McDonald's hot coffee lawsuit wherein the victim recovered millions of dollars for a coffee spill in her lap. The word "frivolous" comes to mind. The reality is this. Americans are being duped by myths and falsehoods spread by insurance companies and corporations, who have spent millions of dollars to mislead the American public.

The Facts Tell A Different Story

Unfortunately, the case's facts are no laughing matter. Stella Liebeck sustained third-degree burns to her groin, inner thighs, and buttocks. She was hospitalized for eight days, and underwent numerous skin grafts and surgical removal of damaged tissue.

This Is What Really Happened

Ms. Liebeck tried to settle her claim with McDonald's for $20,000.00, but management refused. At trial, McDonald's grudgingly identified more than 700 victims burned by its coffee between 1982 and 1993, some involving third-degree burns like Ms. Liebeck's. McDonald's clearly knew about the hazard. Its coffee was heated to a scalding 185 degrees, even though beverages served above 140 degrees are considered to be a burn hazard.

The jury awarded Ms. Liebeck $200,000 in compensatory damages, but then reduced the amount to $160,000, because they found her to be 20% at fault for the coffee spill. The jury also awarded her $2.7 million in punitive damages (equal to two days' worth of McDonald's world-wide coffee sales). This amount was eventually reduced to $480,000. The trial judge said that McDonald's conduct was reckless, willful, and callous. Jurors expressed similar sentiments in post-trial interviews. Ms. Liebeck and McDonald's eventually entered into a post-verdict settlement.

Continue reading "McDonald's Hot Coffee Lawsuit Revisited ~" »

Local news agencies report that 19-year old Bishop crash survivor, Derek Thomas, returned to Encinitas yesterday, arriving at Scripps Memorial Hospital Rehabilitation Services in the early afternoon. He was greeted by hundreds of his former classmates, friends, family, co-workers, and well-wishers. Derek is expected to continue physical therapy for a few more weeks before returning home.

Derek was injured in a horrific fiery crash in Bishop, California last summer, sustaining burns over 85 percent of his body. The crash claimed the lives of Derek's girlfriend, Amanda Post; her best friend, Natalie Nield; and his coach, Nathan Adams. Also killed in the fiery crash was 35-year-old Wendy Rice of Corona, who was a California Baptist University of Riverside cheerleading coach. Encinitas resident Drew Delis also sustained severe burns in the crash.

Derek underwent more than 70 medical procedures and 42 surgeries over the past 11 months during his stay at the Grossman Burn Center in West Hills, California. His chances of survival were estimated at less than 1 percent, so it is great news that he is doing so well in the aftermath of the crash.

News reports indicate the California Highway Patrol is still investigating the incident.

Sources: 10news.com, LAtimes.com

Continue reading "Local Teen Derek Thomas Returns To San Diego ~" »

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 ~" »

On April 7th, the U.S. Consumer Product Safety Commission announced a voluntary recall of P.Jamas children's sleepwear.

Hazard: The garments fail to meet federal flammability standards for children's
sleepwear, posing a risk of burn injury.

Description: This recall involves all styles of P.Jamas brand name children's
sleepwear, including nightgowns and two-piece shirt-pant sets sold in children's
sizes XS through XL. A label with the name P.Jamas in blue lettering on
a white background is sewn onto the back center of the garments. The children's
sleepwear is 100 percent cotton woven or knit fabric. They are sold in a
variety of pastel colors in solid, stripe, or plaid patterns. Some of the nightgowns are
hand smocked and some of the pajamas are trimmed in piping or rickrack.Places Sold: Boutique shops nationwide and the www.p-jamas.com website from January 2006 through October 2010 for between about $50 and $100.

Remedy: Consumers should stop using the recalled sleepwear immediately and
return the product to the retailer where purchased for a full refund.

Consumer Contact: For additional information, contact P.Jamas toll-free at (888)
554-6495 between 9 a.m. and 5 p.m. ET Monday through Friday, visit the company's
website at www.p-jamas.com, or email contactus@p-jamas.com.

Continue reading "Safety Recall Of P.Jamas Children's Sleepwear ~" »

The U.S. Consumer Product Safety Commission and Burlington Coat Factory recently announced a voluntary recall of its Bella Kitchen 5-quart programmable slow
cookers. The control panel may overheat and melt, posing a fire hazard to consumers.

Units sold: Approximately 7,460

Retailer: Burlington Coat Factory of Burlington, New Jersey

Importer/Distributor: Lehrhoff ABL of Carlstadt, New JerseyThe manufacturer has received 60 reports of the control panels smoking, melting and sparking, and three reports of panels catching fire. Fourteen incidents resulted in minor damage to countertops. No injuries have been reported.

Description: The slow cookers are black with "Bella Kitchen" printed on the control
panel. Only slow cookers with model number WJ-5000DE and date codes 0907 or 0909
are included in the recall. The model number and the four-digit date code are
printed on a label on the underside of the slow cooker.

Sold at: Burlington Coat Factory stores from June 2010 through December 2010 for
$20.

Manufactured in: China

Remedy: Consumers should stop using the slow cooker immediately, unplug it, and
return it to Burlington Coat Factory for a full refund or store credit.

For more information, visit the firm's website at http://www.burlingtoncoatfactory.com.

Continue reading "Safety Recall Of Slow Cookers Due To Fire Hazard ~" »

Now that we've forwarded our clocks for daylight savings time, the Consumer Product Safety Commission (CPSC) is urging consumers to use this opportunity to also change the batteries in our smoke & CO alarms.

"Smoke and CO alarms add layers of lifesaving protection for families and homes from the dangers posed by fire and carbon monoxide," said CPSC Chairman Inez Tenenbaum. "Changing the batteries and testing your smoke and CO alarms to ensure they are working, when you change your clocks, is a great way to ensure alarms are operable and families are fully protected in the event of an emergency."

Carbon monoxide is an odorless, colorless, poisonous gas that consumers can't see or smell. On average, there were an estimated 184 unintentional, non-fire CO poisoning deaths annually associated with consumer products from 2004 through 2007. Carbon monoxide associated home heating systems and generators accounted for the largest percentage of reported fatalities.

Smoke and CO alarms should be tested monthly. The CPSC recommends that consumers replace the batteries in their smoke and CO alarms every year. Smoke alarms should be located on every level of the home, outside sleeping areas, and inside each bedroom. Each home should have at least one carbon monoxide detector in the area outside individual bedrooms. CO alarms should not be installed in attics or basements unless they include a sleeping area. Combination smoke and CO alarms are available to consumers.

The CPSC recommends consumers follow these safety tips to prevent fires and CO poisoning from occurring in the home:

Fires

* Never leave cooking equipment unattended.

* Use caution using candles, lighters, matches and smoking materials near upholstered furniture, mattresses, and bedding. Keep matches and lighters out of the reach of children.

* Have a fire escape plan and practice it, so that family members know what to do and where to meet if there is a fire in the home. Children and the elderly may sleep through or not react to the sound of a smoke alarm; therefore, parents and caregivers should adjust their fire escape plan to help children and the elderly escape from the house in the event of a fire.

CO Poisoning

* Have a professional inspect your home heating, cooling, and water-heating appliances annually. Improperly operating appliances can produce fatal CO concentrations in the home.

* Never ignore a CO alarm signal. It is warning you of a potentially deadly hazard. If the alarm signal sounds, do NOT try to find the source of the CO. Immediately move outside to fresh air. Call your emergency services, fire department, or 911.

* Never use a portable generator indoors, including in garages, basements, crawl spaces, and sheds. Opening doors and windows or using fans will NOT prevent CO build-up in the home.

* When using portable generators, keep them outdoors and far away from open windows, doors, and vents to avoid toxic levels of CO from building-up indoors.

* If you start to feel dizzy, weak, or sick while using a generator, get fresh air right away. The CO from generators can quickly lead to full incapacitation and death.

* Never burn charcoal indoors. Burning charcoal in an enclosed space can produce lethal levels of carbon monoxide.

Visit www.FireSafety.gov for fire safety information from CPSC and other federal agencies.

Continue reading "Safety First ~ Replace Smoke Alarm & CO Batteries" »

Have you or a loved one been seriously injured or killed in an accident? If so, you should consult with an experienced San Diego personal injury lawyer to find out what your legal rights are and what your next step should be.

San Diego personal injury attorney A. 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 a vehicle crash, dog bite attack, slip/trip-and-fall incident, bicycle injury, motorcycle injury, or any other event involving serious injury or the wrongful death of a loved one, it is very 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. 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 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.

Have you or a loved one been seriously injured or killed in an accident? If so, you should consult with an experienced injury attorney to find out what your legal rights are and what your next step should be.

San Diego personal injury attorney A. 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 Cardiff-By-The-Sea Injury Lawyer

After a vehicle crash, dog bite attack, slip/trip-and-fall incident, bicycle injury, motorcycle injury, or any other event involving serious injury or the wrongful death of a loved one, it is very 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. 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 accident or wrongful death case are very specific. Our Cardiff By The Sea 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.

Do you have photoelectric fire detectors or ionization smoke alarms in your home? In case of a home fire, one may save you and the other may not. According to a 1994 study at Texas A&M, it was determined there is a 4% probability of a photoelectric detector failing to detect a smoldering fire, while there is a 56% probability of failure by an ionization detector in the same fire condition.

This doesn't seem possible, does it? After all, you would think that having a new battery in your smoke detector and testing it to ensure that it is in proper working order, that you and your family should be safe, right? Possibly not! There is compelling research-based
evidence which demonstrates that ionization-type detectors are ineffective in smoldering type fires, which are the most common cause of fatalities in home fires. In fact, tests have shown that ionization type smoke alarms aren't triggered and therefore don't sound - even after the level of carbon monoxide and smoke reaches deadly concentrations. Numerous documented residential fire deaths have occurred with installed ionization type detectors. Had there been a properly installed photoelectric detector in those situations, an alarm would have sounded to warn the occupants.

One of the reasons for the difference in the performance of these two fire detectors is in the way they're activated.

Ionization Detectors

The ionization smoke detectors use an ionization chamber and a source of ionizing radiation to detect smoke. This smoke detector is more commonly used because it is inexpensive.

Photoelectric Detectors

Photoelectric smoke alarms contain a light source and a light-sensitive electric cell. Smoke entering the detector deflects light onto the light-sensitive electric cell, triggering the alarm. These alarms are more sensitive to large particles given off during smoldering fires, such as an electrical fire - the kind of fire that usually occur at night when people are sleeping.

For many years, authorities have urged homeowners to install smoke alarms without consideration to the type of potential fire ignition or the quality of smoke detection. This was based on the urgency to equip all homes with smoke detection with what was readily available on the market.

It's no surprise, then, that more than 90% of homes in the United States only have the ionization detection technology, leaving those occupants vulnerable to the most common and deadly type of fire.

To ensure your family gets the early warning they need to survive the toxic gases of a smoldering fire, install photoelectric smoke alarms immediately in and outside sleeping areas. They cost a bit more than the ionization detector, but are now readily available at local home improvement and hardware stores.

Don't forget to test your smoke alarms monthly and change alkaline batteries at least once per year, or as instructed. Using a familiar date (such as your birthday or when you change your clocks) is helpful in remembering to do this.

Along with properly installing and maintaining new and existing smoke alarms, develop and practice an escape plan that includes two ways out of every room, so that everyone in the home knows what to do if the smoke alarms sounds. Home occupants who practice an escape plan reduce their time to escape in every type of fire.

For more information about this important issue, watch the series "Stop The Children Burning" on youtube.com.

Sources: The Safety Report, www.live-safe.org.

Continue reading "Choosing The Proper Smoke Alarm Can Save Your Life ~" »

The U.S. Consumer Product Safety Commission announced a voluntary recall of Pumpkin, Ghost and Skull Halloween Lanterns. Consumers should not use these products. Approximately 682,000 lanterns were sold at Dollar Tree, Dollar Bill$, Occasions, Deal$, and Dollar Tree Deal$ stores nationwide from August 2010 to October 2010 for about $1.00.Hazardous Condition

The bulb in the battery-operated lanterns can overheat, posing a fire and burn hazard.

The lanterns are about 6-1/2 inches tall and were sold in orange, black, and white. The model number (954437-13096-003-1005) is printed on the bottom of the lanterns.

Remedy

Consumers should take the recalled lanterns away from children immediately, then remove and properly discard the batteries. Consumers may return the lanterns to the store where purchased for a full refund.

Consumer Contact

Contact Dollar Tree Stores, Inc. at (800) 876-8077 between 9 a.m. and 5 p.m. ET Monday through Friday, or visit the firm's website at www.dollartree.com.

Continue reading "Safety Recall Of Halloween-Themed Lanterns ~" »

Yesterday at approximate 5:17 p.m., the driver of a vehicle traveling northbound on Interstate 805 lost control, causing the vehicle to leave the highway and crash into a ravine. The incident happened south of H Street in Chula Vista.

Sadly, a young Hispanic female ~ approximately 17 to 20 years old, lost her life in the crash. She was one of several passengers in the vehicle.

The decedent was carried away from the vehicle which burst into flames. Someone called 9-1-1 and a passerby performed cardiopulmonary resuscitation (CPR).

CHP officers and paramedics arrived on the scene and took over the CPR efforts without success. Thereafter, officials pronounced that the young girl had died at the scene.

Auto Accidents & Wrongful Death Liability

In incidents such as this automobile crash, where the driver of a vehicle is involved in a collision that causes death to a passenger, the family of the victim would be well-advised to speak with an experienced San Diego wrongful death lawyer, if they have not already done so.

If it is determined that the driver of the vehicle is found responsible for this incident, the driver may be held liable for the passenger's death.

Kerckhoff Law, APC extends its sympathies to the family and friends of the decedent, and to all other families suffering similar tragedies. Our compassionate and experienced lawyers work hard to recover fair damages in a sensitive manner for the families of wrongful death victims.

Continue reading "Chula Vista Fatality On Interstate 805 ~" »

Have you or a loved one suffered a personal injury due to the negligence of someone else?
If so, you should consult with an experienced personal injury attorney to find out what your legal rights are and what your next steps are.

Choosing A Solana Beach Personal Injury Lawyer

After an automobile accident, dog bite attack, slip/trip-and-fall incident, bicycle injury, motorcycle injury, or any other event involving serious injury or the wrongful death of a loved one, it is very important to work with a law firm that specializes in personal injury.

The types of skills required to successfully handle a serious accident or wrongful death case are very specific. Don't be fooled by choosing a lawyer who dabbles in these types of cases, rather than one who handles them exclusively, as we do. Making a bad choice in getting the wrong attorney can be one of the most regrettable decisions you can make, and may significantly reduce the outcome you might otherwise be able to achieve.

Jason Kerckhoff is an experienced Solana Beach accident lawyer with over 28 years of experience providing legal representation to serious accident victims in southern California, including Encinitas, Carlsbad, Cardiff-By-The-Sea, Solana Beach, and Del Mar.

Portola Elementary School was evacuated today due to parents reporting the smell of a strong natural gas odor. The school is located approximately one mile from the site of last week's deadly explosion.

The Chronicle reports that as parents were dropping off students this morning around 8:35 a.m., they reported smelling the natural gas odor. Fire officials found a small leak at the school; therefore, 270 students were evacuated.

Last Thursday's explosion and fire killed at least four people and destroyed 37 homes. Three people remain missing.

State and federal officials are investigating the deadly blast.

Continue reading "San Bruno Elementary School Evacuated Due To Gas Leak ~" »

10news.com reports that the massive San Bruno gas line explosion which occurred last night at 6:14 p.m. has caused injury to at least 52 people and fatally wounded at least 6. Fire crews tried to douse the remnants of the enormous blaze and account for the residents of dozens of damaged homes.Apparently, emergency workers haven't been able to get into all of the homes, so it is unknown whether others have been injured or killed. Fire Chief Dennis Haag reports that four firefighters suffered smoke inhalation injuries and were treated and released within a couple hours. He said that fire crews walked through the neighborhood this morning and revised their damage estimate to 38 destroyed structures and 7 significantly damaged. Dozens of other homes sustained less severe fire damage.

The blaze, which burned 15 acres, was 75 percent contained this morning. San Bruno Mayor Jim Ruane said: "The sun is shining over there, but there's still a dark cloud over this city."

Two brothers whose home was near the center of the explosion stated they thought an earthquake had struck until they looked out the window. "It looked like hell on earth. I have never seen a ball of fire that huge," Bob Pellegrini said. They had to leave quickly, and now their house is gone and they are homeless, along with dozens of others.

Cause Of The Gas Line Explosion

What caused the natural gas 30-inch steel pipeline to rupture? Pacific Gas and Electric Company has stated: "If it is ultimately determined that we were responsible for the cause of the incident, we will take accountability."

Homeowners Insurance Coverage

Hopefully, all of the affected residents maintained homeowners insurance coverage to protect them during this disaster. If you are one of the victims, a claim should be filed immediately with your insurance carrier, so that you will be provided with lodging, food, clothing, and the other necessary items you need (such as medication).

Investigation Of The Explosion

The National Transportation Safety Board sent a four-member team to San Bruno today to investigate the blast. One of the NTSB's duties includes investigating pipeline accidents such as this one.

Continue reading "Casualties Increase Due To San Francisco Gas Explosion ~" »