San Diego Injury Law Blog

The Consumer Product Safety Commission has announced that six manufacturers of drop-side cribs will voluntarily recall more than 2 million baby cribs after more than 250 reports of malfunction. In 16 of the reports the infants were entrapped, and in one the child was rendered unconscious and hospitalized. No wrongful deaths have been reported.

The seven companies involved in the recall are Delta Enterprise Corp., Jardine Enterprises, LaJobi, Million Dollar Baby, Child Craft and Simmons Juvenile Products.

"This new recall announcement is part of a larger effort by CPSC to clean up the marketplace from many of these unsafe cribs," said CPSC Chairman Inez Tenenbaum. "Most of these recalled cribs have dangerous drop-sides, while the Delta crib can pose a danger to babies if the mattress support is installed incorrectly."

Parents have been asked to stop using the following cribs immediately:

• Jenny Lind cribs with a drop-side that are distributed by Evenflo Inc.

• Delta drop-side cribs, including all fixed and drop-side cribs that use wooden stabilizer bars to support the mattress. Delta has announced that the bars supporting the mattress can be installed upside down, causing the mattress platform to collapse.

• Bonavita, Babi Italia and ISSI drop-side cribs manufactured by LaJobi Inc.

• Jardine drop-side cribs imported by Toys R Us.

• Million Dollar Baby drop-side cribs.

• Simmons drop-side cribs.

• Child Craft brand stationary-side cribs and an unknown number of Child Craft brand drop-sides.

With the CPSC's announcement it brings the total number of drop-sided cribs recalled to 9 million over the past five years. At least 32 deaths of infants or toddlers have been reported to have been caused by drop-side cribs in the last decade, and number of serious injuries.

Drop-sides have been blamed in the deaths of at least 32 infants and toddlers since 2000. The cribs are suspected in another 14 infant fatalities during that time.

The Consumer Products Safety Commission can be found by clicking here.

Source: Washington Post

Walton Law Firm represent individuals who have been injured in all types of incidents, including injuries caused by defective products, auto accidents, worksite injuries, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

Good news California. The U.S. Supreme Court may have just inadvertently helped us put an end to the maddening referendum process that pollutes every election cycle in our state. Yesterday, in the case of Doe, et al. v. Reed, Washington Secretary of State, the Supreme Court voted 8-1 that individuals who sign petitions to put referendums on state ballots do not have a privacy right under the First Amendment to keep their name a secret.

The case arose out of a Washington State ballot measure that sought to overturn a state domestic partnership law. Opponents of the measure sought to obtain the names of the 130,000 individuals who signed the petition in order to verify that the signatures were valid. A group called Protect Marriage Washington, which opposes gay marriage, sued to block the release of the names, arguing that those who signed would be subject to threats and harassment, and would likely have their names posted on the internet. Signers, the group argued, have a right to privacy that is protected by the First Amendment.

At first, a federal judge agreed, and prevented the release of the names, but the 9th Circuit Court of Appeals overturned the trial judge in favor of releasing the information. The Supreme Court then took the case on and ultimately agreed with the 9th Circuit.

Writing for the majority, Chief Justice John G. Roberts Jr. narrowed the case into a single question, whether there is a general First Amendment right to be anonymous when signing any kind of petition to place a matter on a ballot. He and seven other justices say no.

In the opinion, Justice Roberts wrote that “public disclosure can help cure the inadequacies of the verification and canvassing process..." The opinion also said that there we other instances of the names being released without incident.

In a concurring opinion, Justice Samuel A. Alito Jr. argued that a narrower challenge should succeed. That is, if there is a reasonable probability that the signer would be harassed by signing, then those names should not be released. The case before him, he wrote, did not rise to that level.

What does this mean for California? Those who sign petitions in front of the local grocery store should be forewarned. The opponents of those circulating the petition you signed may get your name, put it up on a website, and tell the world where you stand on a certain issue.

To read the entire opinion click here.

Source: New York Times

The San Diego County attorneys at Walton Law Firm represent individuals and families who have been impacted or injured by the negligence of others, including those injured in auto accidents, product liability incidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

The day before summer began, a 5-year-old boy from the Rolando area drowned in his neighbor's pool. On Sunday afternoon, neighbors learned that Nicholas Norman was found floating face down in a home on the 4000 block of Loma Alta Dr.

Neighbors told investigators that the little boy was at home with his father and siblings, but it's unclear how he ended up in the backyard with the pool.

"I've been living here for 30 years and it's the first tragedy we've ever had to live through," neighbor Judy Fleichman told San Diego 6 News. "He was probably just wanting to explore, that's my guess."

WaterWatcher.org, from the San Diego chapter of the Independent Pool and Spa Service Association lists "Safe Kids Drowning Prevention - 5 Truths":

1. Weak or No Supervision - Children can drown quickly and silently in a matter of seconds, and frequently when an adult is present but distracted. Adults must actively supervise young swimmers.

2. No Barriers - Children who are curious can easily fall into any body of water. Pool and spa owners should make sure there is a barrier around the pool or spa when not in use.

3. Weak or No CPR Skills - Victims of drowning who are pulled from the water need CPR immediately. Learn CPR skills.

4. Weak or No Swimming Ability - Children from households that do not swim are eight time more likely to drown. Enroll your children in swimming lessons.

5. Lack of Life Jacket - Every year more than 700 people drown in open waters, and of those victims, nine in 10 are not wearing a life vest.

To investigate swimming lessons in your area, call Safe Swim at (858) 414-5159

The family of Nicholas J Norman has set up a memorial fund at Mission Federal Credit Union. Donations can be made at any branch location.

Source: San Diego 6 News

The accident and injury lawyers at Walton Law Firm represent individuals and families who have been impacted by the negligence of others, including those injured in car accidents, product liability incidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

There is a great story in the L.A. Times today about an out-of-work and homeless plumber named Stephen Schulman who was run over by a large delivery truck while sleeping near a dumpster. His legs were crushed, and in a great scene, he checks himself out of the nursing home where he is recuperating and spends a day, riding busses, and limping across Los Angeles County to confront the trucking company owner about his injuries:

He climbed the concrete steps into a bungalow office. Sweat poured down his frame, slight but for his potbelly. His wounded foot felt like it might give out, but this was his moment, the one he had been waiting for. He faced the company owner.

"One of your truck drivers ran me over," he said.

Schulman expected an apology — and compensation. The man stared in apparent disbelief. Then he burst out laughing.

Schulman recalls the sting of what he heard next: "The only way you're going to get anything is to sue me."

He could hear their laughter as he limped away.

Well Schulman did sue, but it wasn't easy. In a stroke of luck, he met attorney Gary Casselman the courthouse one day and the two struck up a relationship. Casselman, an experienced personal injury lawyer, agreed to take the case, and, as you can probably guess, things worked out for Schulman.

Take a look at the story. It's a good example of how the system works, and why the contingency fee is so integral to our justice system. Without a fee arrangement where lawyers can get paid on the back end, people like Schulman - and countless others - would never get the justice they deserve.

Source: Los Angeles Times

The personal injury lawyers at Walton Law Firm represent individuals who have been injured in all types of incidents, including auto accidents, worksite injuries, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (866) 607-1325 for a free and confidential consultation.

A postal worker died last week after suffering blunt head trauma while on his postal route in Oceanside. According to reports, Hao Yun "Eddie" Lin of Poway was walking his route at the 500 block of Stanley Street when he encountered a large dog, possibly a Rottweiler. While it's unclear what exactly happened next, it appears that in his effort to avoid the dog, Mr. Lin fell and struck his head, causing the fatal head injury. Sadly, Mr. Lin leaves behind three young children, including a 4-month-old daughter.

Both the Oceanside Police and the San Diego Humane Society are still trying to figure out exactly what happened. Lin's wife told the North County Times that she was frustrated with the pace of the investigation, and wants answers. She said that she is aware that the dog jumped on her husband and that the dog attacked another letter carrier years earlier. It is reported that the dog was euthanized at the owner's request.

As to legal liability, assuming the dog caused the death, the owner of the dog will be held strictly liable to the family under California's dog bite statute. Under the law, there are very few defenses. If a dog causes injury - even if the dog is being playful - the owner will be held liable. A dog bite is not required for liability purposes.

This is, obviously, a very serious case. Hopefully the owner of the dog was responsible enough to maintain some kind of insurance policy that covers acts such as this. These young kids lost a father who, by news accounts, was totally devoted to his family.

Source: North County Times

The accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including dog attacks / bites, auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 or (866) 607-1325 for a free consultation.

Eight high school students and one adult were taken to a local hospital after the school bus they were on crashed and rolled over on its side. The bus accident occurred on El Camino Real at Douglas Dr.in Oceanside. Thankfully, none of the injuries appears to be serious, but one student was taken by helicopter to Scripps Memorial after complaining of numbness.

The students were on their way back to Reynolds Elementary School to participate in a tutoring program. While traveling north on El Camino at around 11:15 a.m., a car pulled out from one of the side streets and collided with the bus, causing it to veer then roll.

Oceanside police were quick to point out that the accident was not the bus driver's fault. "This has nothing to do with the safety record of the school district," Sgt. Jeff Brandt of the Oceanside Police Department told the North County Times. As a result of the accident, El Camino Real was closed down for approximately two hours.

Judy Morris, a witness, told 10news.com, “And I heard this big huge bang. It was terrible. It was absolutely terrible. I feared for them. I didn’t know what was going on inside that school bus.”

The San Diego car accident attorneys at Walton Law Firm represent individuals who have been injured in all types of incidents, including auto accidents, worksite injuries, food poisoning, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.

Carlsbad's Army and Navy Academy is defending another lawsuit filed against it for the alleged hazing of a cadet. The alleged incidents of hazing occurred nearly 10 years ago.

The lawsuit filed in Vista Superior Court is one of three filed against the school in the last two years. It contends that the cadet suffered several instances of ritual group beatings and sadomasochistic hazing, and accuses the academy, a boarding school, of failing to protect its young cadets. The delay in the filing of the suit, the complaint alleges, was that the plaintiff suffered years of mental, emotional, and psychological problems that stem from his stay at the academy.

The president of the academy, retired Army Gen. Stephen Bliss, told the Union Tribune that his school has strict standards of conduct, and abuse of cadets is not tolerated and is quickly addressed.

In March of 2008 another lawsuit was filed against the school alleging similar instances of violence. In that case, the cadet alleges he was sodomized with a broomstick. The case is set for trial in September.

Source: San Diego Union Tribune

The Carlsbad injury and accident attorneys at Walton Law Firm represent individuals and families who have been impacted or injured by the negligence and intentional conduct of others. Call (760) 571-5500 for a free and confidential consultation.

San Diego County has had a rash of auto accident fatalities in the last few years involving elderly drivers and teenage drivers. There has been plenty of discussion in local media about when the elderly should stop driving, but now, after another tragic accident involving local high school students, questions are being asked about when a person should start driving.

Today's Union Tribune has an article entitled "Age isn’t best way to know when teens are ready to drive," which addresses these very questions. Many law enforcement and medical professionals believe that too many parents are allowing their kids to drive despite signs they are not ready.

“It’s really about parents setting limitations and reinforcing that driving is a privilege and not a right,” Bharath Chakravarthy, a professor of emergency medicine told the UT.

A study conducted last year by the Auto Club of Southern California found that while teenagers make up only 4% of the driving public in California, they are responsible for 14% of personal injury and fatal automobile accidents. The burden is on the parents, experts say, to determine when thier children have the requisite maturity to be safe drivers.

Office Brian Pennings coordinates the teen driver program in East County and believes that parents should not be afraid to impose driving restrictions if the child is showing irresponsibility in other areas of his or her life.

“If they are not responsible in other aspects of their life, what makes you think they will be responsible when they drive?” Pennings said.

Of the 2.1 million drivers in San Diego County, 77,400 are teens.

Source: San Diego Union Tribune

The San Diego County injury and accident attorneys at Walton Law Firm represent individuals and families who have been impacted or injured by the negligence of others, including those injured in auto accidents, product liability incidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 for a free and confidential consultation.