San Diego Personal Injury Lawyers Blog

Have you or a loved one been the victim of a dog bite or dog attack? The dog owner may be responsible for the damages incurred, including medical bills, loss of earnings, pain and suffering, among other items that may be claimed.

To prevent a dog bite attack, one should take the following preventative steps when encountering a dog:

California dog owners are strictly liable for injuries caused by their pets. When a dog bites someone, the owner of the dog is usually liable for the victim's injuries and related medical care and treatment. Following a dog mauling resulting in a serious injury, victims are advised to consult with an experienced San Diego dog bite lawyer. An attorney who has handled dozens of pit bull attack personal injury claims can advise the victims of their legal rights to obtain compensation for their injuries, and the best course of action to recover maximum compensation.

Continue reading "San Diego Dog Bite Lawyer ~" »

Did you know that California has a strict liability dog bite statute? It states that the owner of a dog is liable for damages inflicted by the 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.

Therefore, the dog owner is liable regardless of whether the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner. The dog doesn't get "one bite free."

In all dog bite cases, it is necessary that prompt measures be taken to preserve evidence, investigate the incident in question, and to enable physicians and other expert witnesses to thoroughly evaluate all injuries.

The majority of dog bite cases only allow that the injured party is able to collect damages designed to make him/her "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, then there's the 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 the dog owner who knowingly has a vicious animal which could cause harm to innocent people. In the event that punitive damages are warranted, the amount of money the injured party can recover would be substantially more than in the typical case.

Continue reading "Fatal Injuries Due To Dog Bite Attacks ~" »

California has a strict liability dog bite statute which states the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including on or near 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 liable regardless of whether or not the dog had ever been vicious before and regardless of whether or not the owner had reason to believe the dog would behave in a vicious manner ~ the dog does not get "one free bite."

In dog bite cases, it is essential that prompt measures be taken to preserve evidence, investigate the attack in question, and enable physicians or other expert witnesses to thoroughly evaluate all of the injuries.

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, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is the possibility that the victim 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 dog bite case.

Click here to review dog bite safety tips that were previously blogged about.

Continue reading "Injured In An El Centro Dog Bite Attack?" »

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 "Injured In A San Diego Dog Bite Attack?" »

Pediatric neuropsychologist Gerard Gioia, director of the Safe Concussion Outcome Recovery and Education (SCORE) program at Children's National Medical Center, recently developed an app for smart phones. The program asks the user a series of questions and saves the responses so you can share them later with a doctor.

The app has the ability to e-mail a doctor the results of the questions you answered. There is also a feature called Home System Monitoring which helps parents monitor their child's symptoms for a few days after an injury. The Return-to-Play Guide provides a daily, five-step workout routine for athletes to ensure a safe return to the field when fully recovered.

This app is intended to assist parents, coaches, and brain injury researchers. Although the exact number of concussions is hard to calculate because many go untreated, this new app will aid in the early detection of a concussion and help prevent serious long-term injuries.

Continue reading "SmartPhone App Assists With The Detection Of A Concussion ~" »

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 ~" »

CBS8.com reports that a 19-year-old Fallbrook teenager was critically injured in a head-on collision yesterday.

The crash occurred on State Route 76 just east of Gird Road at approximately 7:00 a.m. Saturday, according to the California Highway Patrol.

A 35-year-old Oceanside man told investigators that he was driving west in a Ford Ranger pick-up truck, when he lost control and veered into oncoming traffic. He crashed head-on into a Dodge Ram pick-up truck being driven by the Fallbrook man, who was transported to Palomar Medical Center. The victim was identified as 19-year old Conrad Murphy.

The Ford Ranger driver only suffered minor injuries. His truck was impounded pending the investigation.

Dangerous Roadway Crashes & Personal Injury Liability

CBS8news.com reports that the CHP is investigating the incident. When a person is injured due to the negligence of another, he and his family would benefit from speaking to a San Diego personal injury attorney about the incident and the liability issues involved. An experienced personal injury lawyer can get answers as to exactly what happened.

Damages In Motor Vehicle Claims

When someone suffers a personal injury, he will likely require medical attention and may need rehabilitation, all of which costs substantial sums of money. The types of damages that an injured person can recover are:

Continue reading "Fallbrook Teen Critically Injured In Head-On Crash ~" »

10news.com reports that the death of Junethea Centeno on April 12th is calling attention to a potentially dangerous problem on Interstate 15 in the Escondido area. Ms. Centeno lost her life on northbound I-15 near Felicita Road after losing control of her vehicle after driving into a concrete barrier near a construction site.

Her father, June Centeno, cannot understand why his daughter lost her life that morning. Junethea's boyfriend, Jon Mata, arrived at the scene moments after the crash. He told 10News: "There were no orange drums, no cones, no reflectors, nothing like that ... if she only hit the side of the road where the barrier is, the car could have slid down, versus hitting the end of a barrier. If things were set up the way they should be, they could have softened the impact. She'd be alive today."

Friends and family gathered yesterday afternoon to say goodbye to the 18-year-old Palomar College student.

Dangerous Roadway Crashes & Wrongful Death Liability

10news.com reports that CalTrans has refused to comment on the crash, and that the California Highway Patrol investigation is expected to take another two weeks. What is the cause of the April 12th crash? Is CalTrans liable? These are questions that can be answered after the CHP's investigation is complete.

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 get 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.

Source: 10news.com

California has a strict liability dog bite statute which states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including on or near 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 liable regardless of whether or not the dog had ever been vicious before and regardless of whether or not the owner had reason to believe the dog would behave in a vicious manner ~ the dog does not get "one bite free."

In dog bite cases, it is essential that prompt measures be taken to preserve evidence, investigate the incident in question, and enable physicians or other expert witnesses to thoroughly evaluate all of the injuries.

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, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is the 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 dog bite case.

Click here to review dog bite safety tips that we previously blogged about.

Continue reading "Injured In A San Diego Dog Bite Attack?" »

Spinal Cord Injury (SCI) is damage to the spinal cord that results in a loss of function such as mobility or feeling. Frequent causes of damage are trauma (car accidents, gunshot wounds, falls, etc.) or disease (polio, spina bifida, Friedreich's Ataxia, etc.).
The spinal cord does not have to be severed in order for a loss of functioning to occur. In fact, for most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning.

Almost 11,000 people in the U.S. sustain a traumatic spinal cord injury each year, resulting in temporary or permanent sensory deficit, motor deficit, or bowel or bladder dysfunction. In this country, more than 250,000 people live with paralysis caused by SCI.

More than half the people who sustain an SCI are between the ages of 16 and 30. More males than females sustain this type of injury - the ratio is more than four to one. The most common cause of SCI is a motor vehicle crash, accounting for at least 36% of these injuries (broken down as follows: no restraints used - 20%; restraints used - 13.7%; motorcycle - 7.4%; accidents involving pedestrians - 5.2%; other - 2.1%).

Violence-related SCIs have been steadily increasing over the past two decades, and today, violence is associated with 29% of SCIs. Falls and sports injuries result in 21% and 7% of SCI cases, respectively.

Damages In SCI Cases

The amount of damages that may be recovered against a party responsible for causing SCI injury is substantial. The average out-of-pocket cost of coping with a spinal cord injury in the first year can be as high as $741,000 for the most severe injuries. For each year after that, the average cost is approximately $132,000. These amounts don't include indirect damages (which averaged $60,000 in 2006) such as:

If you or a loved one has sustained an SCI due to the negligence of another party, you may want to consult with an experienced SCI attorney to find out what your legal rights are.

Continue reading "Have You Or A Loved One Sustained A Spinal Cord Injury?" »

IKEA, the U.S. Consumer Product Safety Commission, and Health Canada recently announced a voluntary recall of the following consumer product. Consumers should immediately stop using the recalled product.

Name of Recalled Product: RUND clear glass mugs
Units Distributed: About 13,000 (an additional 115,000 were sold outside the U.S., including 3,000 in Canada)

Distributor: IKEA Home Furnishings of Conshohocken, Pennsylvania

Hazard: The inner walls of the double-walled glasses may break during use, which poses a laceration hazard to consumers.

Description Of Mug: This recall involves the RUND clear glass mug sold in sizes 4cl, 21cl, and 40cl. The mug is handmade of double-walled glass. "Hand Made Quality" is printed on a small transparent sticker on one side of the mug. Article numbers and supplier numbers listed below are located on the package. All sizes were sold in two-packs. Article and supplier numbers included in the recall are:

Mug Size Article Number Supplier Number
4cl 301-551-37 16790
21cl 301-496-79
40cl 501-496-78

The mugs were sold exclusively at IKEA stores in the United States between October 2009 and March 2010 at a cost of approximately $5 to $10.

Consumer Contact: For additional information, contact IKEA toll-free: (888) 966-4532 or visit the firm's website at www.ikea-usa.com.

Continue reading "Glass Mug Recall Due To Laceration Hazard ~" »

L.L. Bean and the U.S. Consumer Product Safety Commission have just announced a voluntary recall of folding camp rockers (which have a fabric cover and a steel frame). Consumers are urged to stop using the rockers, because the plastic anchors attaching the fabric seat back to the frame can break, posing a fall hazard.Rocker chairs with the number RNR113 and RNR114 listed on the white tag under the seat are included in the recall. However, folding camp rockers with fabric anchors are not included in this recall.

The chairs were sold exclusively at L.L.Bean stores nationwide, llbean.com, and through the L.L.Bean catalog from April 2009 through July 2010 for about $50.

Remedy

Consumers should immediately stop using the recalled rockers with plastic anchors and contact L.L.Bean to receive a free replacement rocker. For additional information, contact L.L.Bean at (800) 555-9717 or visit the firm's website at www.llbean.com/recall.

Continue reading "L.L. Bean Recall ~ Folding Camp Rockers" »

San Diego County law enforcement has teamed up with El Capital High School in Lakeside to show teenagers the true dangers of driving and texting through an interactive obstacle course.

A few of the high school students were asked to drive through the course one time without texting, and the next time while texting. Student Justin Garcia was the first student to drive through the course. He said it was smooth sailing for him without using his phone, but after he had to answer a text message, he hit several cones and almost missed a turn altogether. Garcia said: "It was really hard ... it's definitely going to change my mind if I text or not, so I'm not going to be texting anymore."

National Teen Safety Driving Week

October 16-22, 2011 was dedicated to raising awareness and seeking solutions to unnecessary teen deaths on the road. Established by Congress in 2007 and held annually each third week of October, the goal is to focus the country's attention on this serious issue.

More than 250,000 teens are killed each year while texting and driving.

Texting-While-Driving Accident & Injury Liability

We all know about the dangers associated with texting while driving. Even Oprah Winfrey has joined the cause, ending each of her shows with a request that her viewers sign her pledge to not text and drive. Wouldn't it be great to see ALL states implement a ban on texting while driving? Many lives would hopefully be saved and many auto accidents would probably be prevented.

Texting and driving is not only dangerous, it's against the law in California. Senate Bill 28, enacted on September 24, 2008, "prohibits a person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication."

New legislation has been introduced that could increase the fines for sending text messages and talking on handheld cell phones while driving. On June 23, 2010, California Senate Bill 1475 was passed, which would add one point to a driver's driving record.

The bill also strengthens California's hands-free and no-texting laws for motorists. The new law also extends to bicyclists. SB 1475 now moves to the State Assembly for consideration.

Sources: 10news.com, Insurance Institute For Highway Safety, Highway Loss Data Institute

Continue reading "Dangers Of Texting While Driving ~ San Diego Obstacle Course ~" »

KTLA News reports that an investigation has been launched into the Thursday night roller coaster accident at Knott's Berry Farm. Ten people were injured after the Pony Express horseback-style launch coaster failed to make it up an incline and rolled back into the loading station, slamming into another train waiting to depart.

Paramedics transported the injured roller coaster riders to a local hospital for treatment. Fortunately, only minor injuries were reported and all of the riders were released on Friday.

State inspectors and the ride's manufacturer plan to visit the theme park this week to determine what went wrong.

The rollercoaster trains collided in the station around 8:15 p.m. where park guests board the ride. A train leaving the station didn't make it over the first hill and rolled back into another train, according to investigators. One person who was getting into a waiting train and nine others on the train that rolled back were injured. The park guests were hospitalized with minor injuries. Three of the riders were twelve years old, and the others were adults.

Roller Coaster Crash Liability

Officials will investigate the cause of the incident to determine what went wrong. Were adequate safety measures in place? Was the roller coaster in question properly maintained? These are questions that the injured riders will want answers to when/if they decide to retain legal representation for their potential claims.

Continue reading "Knott's Berry Farm Roller Coaster Accident Injures 10 ~" »

The Highway Loss Data Institute reports that a recent study determind that texting-related crashes did not decrease in those states which passed laws banning texting while driving. Rather, the texting bans were found to be associated with an increase in the number of insurance claims filed for collision damage in vehicle crashes.

The HLDI study compared collision claim rates in the months before & after texting while driving was banned in Washington, California, Louisiana, and Minnesota with the claim rates in nearby states that don't currently have texting laws. A previous HLDI study uncovered similar results for bans on driving while talking on a hand-held cell phone.

This evidence may indicate that texting laws are ineffective, and that other measures to decrease texting while driving should be explored.

Texting While Driving & Accidents

Texting and driving is not only dangerous, it's against the law in California. Senate Bill 28, enacted on September 24, 2008, "prohibits a person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication."

New legislation has been introduced that could increase the fines for sending text messages and talking on handheld cell phones while driving. On June 23, 2010, California Senate Bill 1475 was passed, which would add one point to a driver's driving record.
The bill also strengthens California's hands-free and no-texting laws for motorists. The new law also extends to bicyclists. SB 1475 now moves to the State Assembly for consideration.

We all know about the dangers associated with texting while driving. Even Oprah Winfrey has joined the cause, ending each of her shows with a request that her viewers sign her pledge to not text and drive. It would be great to see ALL states implement a ban on texting while driving. Many lives would hopefully be saved and many auto accidents would probably be prevented.

Sources: Insurance Institute For Highway Safety, Highway Loss Data Institute

Continue reading "Prohibition Of Texting While Driving Has Not Reduced Crashes ~" »