San Diego Injury Law Blog

In early September of this year, a power outage occurred at a San Diego sewage treatment center. The outage caused a malfunction in the sewage treatment plant's operations, which resulted in sewage leaking out into several San Diego area water bodies. As a result, miles of beaches had to be closed to the public because of the risk of water contamination leading to disease. When the leak initially occurred, the city of San Diego alerted the public, but they failed to provide accurate information as to the severity of the leak and how much sewage had actually escaped.

According to NBC San Diego, the city has now released an updated estimate of how much sewage leaked from the plant. Overall, the city is now reporting that approximately 3.5 million gallons of sewage leaked into various area bodies of water, including the Sweet Water River and the San Diego Bay. This number is 60% higher than what was originally reported.

In situations like this, it is hard to determine whether the initial reports were intentionally misleading or were just the result of miscalculations or mistakes. However, regardless of why the initial numbers were wrong, the fact remains that the spill was very hazardous to human health and life. Certainly, a big question going forward is how the city can change its plant's operations in order to ensure that a mere power outage does not cause such a dangerous situation in the future. But for any victims who fell ill as a result of the San Diego sewage leak, the more pressing questions are why this happened and who was responsible.

Raw sewage contains a variety of bacteria, viruses, and parasites that can cause a number of different diseases and, in some cases, even death. This is precisely why the job that sewage treatment plants are supposed to perform is so important. Without being treated, the bacteria and viruses in raw sewage would live on and eventually contaminate water supplies and make a lot of people very sick. The types of illnesses and injuries that can result from exposure to water that is contaminated with sewage vary. Some of the symptoms associated with the more common diseases like Tetanus, Hepatitis A, and Leptospirosis include fever, chills, stomach cramps, muscle aches, headache, nausea, vomiting, and diarrhea.

The victims who were affected by this recent sewage leak should see a doctor immediately, especially if they have suffered any of these symptoms. Some of the illnesses caused by sewage leaks can continue to affect the victims for many years afterwards, so it is important for victims to identify whether or not they are still infected, even if their symptoms have lessened or gone away.

Continue reading "San Diego Sewage Leak Larger Than Initially Reported " »

Our San Diego accident attorney has been closely following the developments related to the San Ysidro scaffolding collapse. Local residents know that the accident sent dense clouds of dust and metal, wood, and concrete debris flying onto motorists driving below the construction site and left about two dozen people injured. Since this horrific and terrifying incident occurred, details have slowly started to emerged about what caused the collapse. Although the official cause remains under investigation, some information has come out in the aftermath of this accident.

The collapse occurred at the San Ysidro border crossing post at the border between California and Mexico. A construction company, which was hired to demolish an old bridge that is no longer in use was attempting to take the bridge apart one piece at a time. The company, Hensel Phelps Construction of Greeley, Colorado, had built scaffolding for workers to operate from as they dismantled the bridge. At the time of the incident, another company, Miller Environmental, Inc. of Anaheim, California, had its workers removing plaster from another building that was also set to be demolished. Miller Environmental is a subcontractor, hired by Hensel Phelps to assist with completing a portion of the project. State and federal officials are proceeding with their investigations to determine the precise cause of the accident and what could have – and should have – been done to prevent it.

As details of the incident and its cause continue to become available, another important question has emerged: Who is responsible? In any construction project, there is typically a general contractor who is responsible for overseeing the project in its entirety and ensuring that it is completed on time and to the specifications of the customer. However, the general contractor typically does not have the expertise to perform all aspects of the job. Therefore, general contractors will usually hire subcontractors to complete the tasks that require specialized knowledge in a particular area. For example, a general contractor who is hired to build a house will likely hire subcontractors to do the electrical wiring, plumbing work, and so on. This is a necessary and accepted aspect of construction, but it raises the question of which party or parties should be responsible when something goes wrong. The law usually allows victims of construction accidents to seek compensation for all involved parties who failed in their duty to keep the area safe.

Our Southern California injury lawyer is familiar with the ways in which the law determines how to assign blame for incidents like the San Ysidro canopy collapse that involve multiple potential defendants. In California, general contractors can be held liable for the negligent acts of their subcontractors if the general contractors retained control over the way in which the subcontractors operated. The amount of control necessary varies with the circumstances, but this is the general rule. Navigating the world of construction site accident liability requires the help of an experienced personal injury attorney. Although it will take time to determine the precise problem that led to the collapse, it is almost certain that somewhere along the line, at least one person acted negligently, and that negligence led to injuries. The victims should not delay in hiring a Southern California personal injury lawyer to help them determine who is legally responsible for paying for these injuries.

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If you participated in any kind of sport in your high school days, you know that players, coaches, faculty, and other students take the games very seriously. Practices are not optional, and players who do not give sufficient attention to their sport will be cut from the team or, at the very least, will be stuck on the bench for most of the season. Even so, our San Diego injury lawyer knows that there is a need for coaches to remember that the players are only kids and there are proper rest requirements and safety measures that must be maintained to ensure that injuries are avoided.

Recently, the family of a high school football player named Justin Williams has filed a lawsuit against East Nicolaus High School in Sutter County, Florida. According to an article by Fox40 out of Sacramento, the lawsuit alleges that after Williams missed a football practice, Coach Mark Varnum punished him by making him run drills in the scorching 95-degree heat and having the other players tackle him repeatedly. Williams fell ill while at practice, and he was taken to the hospital, where doctors determined that he had suffered a collapsed lung and a concussion.

Unfortunately, as often happens in these cases, the school and the coach are denying any liability for Williams' condition. It remains to be seen how this case will eventually play out in court. Regardless, the story is a good example of the importance of being vigilant and remaining aware of what is going on at your child's sports practices. In our area, San Diego sports injuries are common in high school sports. They can occur not just in high-impact activities like football, hockey, and lacrosse but also in low- or no-impact sports like baseball, tennis, or even swimming. The best way to prevent most sports-related injuries is to educate kids about the dangers involved in the sports they play and to try to help them understand when the coach is asking too much of them.

In Justin Williams' case, the allegations are that the coach's method of punishment was the cause of Williams' injuries. However, California high school sports injuries can occur in other situations, such as where the equipment used to protect players does not function as intended or even where players just do not take proper care of their bodies by getting enough food and water to keep it running. In some cases, precautions can be taken to prevent sports-related illnesses, such as dehydration. Anyone who plays any kind of sport, whether it be in an organized athletic program or just a casual game with friends, should always be aware of any risks and take measures to prevent injury.

Continue reading "High School Sports Injury Leads to Lawsuit" »

A story that caught the eye of our San Diego car accident attorney appeared in USA Today this week detailing the many drivers in the United States who do not have insurance for their vehicles. According to the article, although percentage rates vary from state to state, 1 out of every 7 drivers across the nation does not have insurance. The study, conducted by the Insurance Research Council, found that 15 percent of California drivers do not have insurance. The problem of uninsured motorists has likely been exacerbated as of late because of the high unemployment rates and difficult financial times with which the nation has been struggling for several years.

When there is a car crash caused by an uninsured motorist, the victims are often left without adequate recourse against the at-fault driver. Even if the other driver is clearly the one responsible for causing the accident and the injuries that resulted from it, the victims may never be able to recover because the simply does not have the financial resources to pay a judgment. In order to protect yourself against such a situation, there are two key things that you can do. The first thing you should do is make sure that your automobile insurance includes uninsured motorist coverage, which will help to pay your bills in the event that you are involved in a car accident caused by an uninsured driver. This type of coverage is a major contributing factor to the cost of car insurance.

The second thing you should do if you are the victim of a collision where the at-fault party does not have insurance in our area, is get in touch with our San Diego car accident lawyer as soon as possible. In some cases, the uninsured driver may have some assets that could be used to satisfy the judgment, but he or she may try to hide or dispose of those assets before they can be sold. A California personal injury attorney can help you to discover what assets the other driver has and how to keep them available to pay a judgment against him or her.

Without taking these two steps, you run a very great risk of having no legal recourse against the person responsible for your injuries in a car accident. In addition, if you are currently driving a vehicle without insurance, it is essential that you discontinue doing so until you are able to get insurance. If you are involved in a crash, you could wind up having to pay out-of-pocket for medical expenses incurred by the parties involved, including yourself. This may be true even if you were not the one responsible for causing the collision, especially if the other driver also does not have insurance. Most people who drive without insurance think that they can control whether or not they are in an accident because they are “good drivers” or because they think they can just use extraordinary caution. In reality, San Diego car accidents occur all the time involving drivers who exercise the utmost care. The only real way to protect yourself is to have the insurance coverage that you need and that the law requires.

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San Ysidro Canopy Collapse Sends 11 to the Hospital

Our Southern California injury lawyer knows well the consequences of inadequate upkeep of public transportation spaces. One of the most basic duties that public bodies owe to community members is maintenance of the public areas used by thousands and thousands of residents each day. When those charged with that task fail in their responsibilities the results can be catastrophic.

For example, yesterday a wooden overhead scaffold at the San Ysidro border crossing collapsed, crashing onto unsuspecting motorists, pedestrians, and workers below. Eleven people have been sent to the hospital with varying injuries. One of the San Ysidro canopy accident victims was a pregnant woman, and at least four construction workers were also hurt. One of the workers hurt apparently suffered serious blunt force trauma to his midsection. On top of the physical injuries, rescue workers also indicated that there were concerns about asbestos exposure. Many in the area reported trouble breathing after the extreme exposure to the dangerous dust that blanketed the area after the collapse.

Early reports indicate that the wooden support beams and concrete debris started crashing down on those below shortly before eleven in the morning. Six or seven cars were immediately hit, with significant property damage resulting. A few of the victims were able to get out of the cars on their own while others required the assistance of emergency crews. Engineers were still evaluating the situation to assess the damage and determine the best way to safely remove the debris.

The total area that collapsed was a 50 by 50 foot section of the crossing that was part of a reconstruction project that sits directly over the top of 24 lanes of northbound traffic. The first phase of the project had begun this summer when a Colorado-based firm—Hensel Phelps Construction Co.—began the dismantling process. Investigators have yet to determine exactly what caused the collapse, but clearly some part of the renovation safety effort went awry which resulted in the damaging accident. It will remain important for a full and detailed examination of the area to be conducted to pinpoint the exact problems and to ensure that steps are taken which will prevent any future trouble.

Continue reading "San Ysidro Canopy Collapse Sends 11 to the Hospital" »

A tragic California wrongful death lawsuit came to an end last week when a jury awarded $11.7 million to the victim's wife and daughter. The Contra Costa Times reported that the victim was 56-year-old William Tindall, Jr.,who was killed when he stopped to help a fellow motorist who had careened off the road. The incident occurred at an intersection in Contra Costa County, California; which was, at the time, under construction.

The article notes that the county had posted signs reducing the speed limit in the area, but they never covered up the old signs that contained the usual speed limit for that road, even though to do so would have been in accordance with standard practices. The first motorist's vehicle speed, combined with an excessive amount of gravel that had been left on the road by construction workers, caused him to lose control of his vehicle and spin off the road. Tindall, who was passing by when this occurred, immediately stopped his own vehicle and rushed to aid the victim. As he was doing so, yet another vehicle lost control, in the same spot as the first and for the same reasons. That vehicle struck and killed Tindall.

As with so many California wrongful death cases, what makes this one even more heartbreaking is the fact that it did not need to happen. The road in question had been repaved several times over the past 15 or so years, with a total of 21 days of construction. During those 21 days, 15 serious accidents occurred. There was also evidence presented that construction workers in the area did not follow standard industry practice of clearing excess gravel from the road in order to prevent spin-outs. Clearly, the county was on alert that this was a dangerous construction zone, but they failed to take the very basic and simple steps necessary to make it safe for motorists. Because of their negligence, a woman lost her husband, and a child lost her father.

Nothing can prepare anyone for the pain of losing a loved one, and knowing that it could have been avoided only makes it more difficult to cope. The death of a spouse, a parent, or a child is the beginning of an emotional roller coaster not just of sadness but of anger. There is a pervasive sense of injustice, of knowing that if someone had simply done what he or she was supposed to do, you would not be dealing with this crushing sorrow.

By filing a wrongful death suit, you can take some action against those responsible for the loss of your loved one. Although nothing can take away the pain, many victims who are dealing with such a loss find some comfort and closure in having an opportunity to give voice to their emotions and to demand responsibility. If you have lost a loved one and think you may have a claim against the parties responsible, please contact our San Diego wrongful death attorney today. California limits the amount of time in which a claim for wrongful death can be filed, so be sure to act quickly so that your opportunity to take on those responsible for your loss is not lost forever.

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There are very few relationships that are more sacred and more demanding of our trust than those between us and our doctors. Our doctors often know more about us than our closest friends, and they are the ones who we turn to when we need answers about our health and well-being. But what happens when our doctors fail us?

Few of us can imagine the nightmare of losing our mobility and becoming paralyzed, but that is exactly what happened to a 14-year-old girl who entered Birmingham Children's Hospital for a relatively minor surgery and left as a paraplegic.

According to an article from Fox News, Sophie Tyler was admitted to the hospital to have gallstones removed. In order to keep her from feeling pain during the surgery, she was given an epidural anesthetic. However, the hospital staff failed to remove the epidural for 48 hours following insertion. During those 48 hours, Sophie suffered increasing numbness in her feet and legs, and she even told the hospital staff of her symptoms, but no one realized what was causing the numbness until it was too late. The anesthetic entered her spinal cord and caused permanent damage that will leave Sophie paralyzed from the waist down for the remainder of her life.

Sophie's mother obtained a spinal cord injury lawyer to represent her daughter. In this particular situation, the hospital has already publicly admitted that they were at fault, which should make the injury lawsuit much easier, and in all likelihood, the case will be settled out of court. However, admissions of liability from those responsible for causing personal injury are rare, especially in cases of medical malpractice. Doctors and nurses are trained not to admit fault, even where it is obvious, and they are even coached on how to avoid saying anything that could be construed as admitting they are to blame. In most cases, the defendant will not admit liability. Therefore, it is always important for local residents to do what Sophie's mother did and make sure that your rights are being protected by a San Diego medical malpractice attorney Remember that doctors, hospitals, and other healthcare providers almost always have their own attorneys to defend against patient claims. You should not try to go up against them without representation of your own.

In our area San Diego Medical malpractice lawyers are there when you need someone with an understanding of the law, as well as some understanding of medical terminology, diagnoses, and procedure. Experienced personal injury attorneys usually have a great deal of practical medical knowledge built up over their years of practicing law and can help you make sense of your medical malpractice lawsuit.

Fortunately, not all cases are as severe as young Sophie's situation, but in every valid malpractice case, there is at least one common thread: a breach of the trust that we all place in the doctors and nurses who care for us and our loved ones. Taking action and bringing attention to the problem helps improve the quality of medical treatment and the care with which it is rendered.

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San Diego surfing injuries occur with some frequency because of the large numbers of people who flock to the beach whenever there is a good opportunity to catch a few waves. Most of them will tell you that when it comes to riding a wave, “bigger is always better.” However, the higher the waves, the greater the chance of injury to the surfer. Common surfer injuries include back and neck injuries suffered as a result of “wiping out” and colliding with the ocean floor, muscle strains from the physical exertion of surfing, and minor cuts and bruises, which are usually caused by either the sharper ends of a surfboard or being carried forcefully along the ocean floor by waves and currents.

Although surfboard injuries can involve lacerations, including those caused by the sharp edges of a surfboard, these lacerations are typically not severe enough to cause long-term or permanent damage. However, according to an L.A. Times article, that was allegedly not the case for a surfer by the name of Tom Gregg. Mr. Gregg recently filed a California products liability lawsuit against Channel Islands Surfboards, a company that manufactures and markets surfboards. The lawsuit alleges that a Channel Islands surfboard caused a laceration to Gregg's leg that was so severe it cut through several layers of tissue and muscle and resulted in permanent muscle damage.

In a California products liability lawsuit such as this one, where the allegations point to a defect in design, the plaintiff must prove that the product's manufacturer designed the product in such a way that it would be unreasonably dangerous when used in reasonably foreseeable ways. In Gregg's case, his use of the surfboard was obviously foreseeable since he was using it as intended by the manufacturer, so the major question in his case will be whether the design of the surfboard, with its sharp edges, will be found to be unreasonably dangerous. Channel Islands will no doubt try to point to the fact that common surfing injuries do include lacerations from the sharp edges of surfboards, but Gregg will emphasize the unusual severity of his injury and the fact that the cut to his leg was so deep that it caused permanent damage to his muscles.

Although surfing is an inherently risky sport even under the best conditions, that does not mean that surfers have no rights against product suppliers who do not use due care when manufacturing their equipment. Everyone has a right to know what risks he or she is facing and to make an informed decision about whether or not to participate in dangerous sports like surfing or other risky activities. However, when products are unsafe, people cannot accurately assess the risks that they undertake. By representing the victims who are injured in such situations, California products liability attorneys make products safer for use by the public by influencing manufacturers and providing them with great financial incentives to find safer ways of designing their products.

If you have suffered a surfing injury or any other kind of California sports injury because of a problem with your equipment, you may also have a products liability case. Local residents should be sure to contact a San Diego products liability lawyer to see if they are entitled to compensation for your injuries.

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