markus-spiske-197281-copy-200x300Now that Thanksgiving is over and the holiday season is in full swing, it is more important than ever for parents, guardians, and other family members and friends to be aware of dangerous toys that could result in child injuries. While we should not have to worry about product defects when we visit a retail store in San Marcos or elsewhere in San Diego County to shop for Christmas or Hanukkah gifts for kids, it is necessary to know that a variety of children’s products may pose injury risks. According to a recent report from CBS News, the consumer safety group World Against Toys Causing Harm (WATCH) has just released its 2019 list of toys that could injure kids. 

WATCH List of 2019 Hazardous Toys

Just because a product poses an injury risk does not necessarily mean it will be subject to a recall. As such, it is important to know about recalled children’s products in addition to toys that have not been recalled but could cause injuries. Often, children’s products are not recalled until someone gets hurt. Many product recalls occur as a result of a marketing error, or a failure to warn. For example, if a toy maker fails to warn consumers about certain risks associated with using a product (or even fails to warn about risks associated with using the product in an improper but foreseeable manner), anyone who is injured may be able to file a product defect claim.

duffy-brook-350225-copy-300x200You may know that California has one of the highest rates of dog bites and animal attacks in the country, with thousands of dollars in insurance payouts every year for dog bite injuries. Given that California is a strict liability state when it comes to dog bites, it is extremely important for anyone who is considering bringing a new dog into the family to know about a new adoption law that is designed to protect potential adopters. While the new law is aimed at providing families with more information about whether a dog may have a history that could make a dog bite more likely in the future, the impetus remains on adopters to ask questions about the dog’s viciousness. A recent article in CityWatch discusses the new law and what it could mean for dog owners in dog bite cases.  

California Governor Signs New Law Concerning Potential Dog Adopters

On October 2, 2019, Governor Gavin Newsom sign AB 588 into law. The new law, according to the article, “is important to anyone who adopts, or considers adopting, a dog from any animal shelter, human society, or “rescue” group in California and to anyone living in a community where an adopted dog is kept.” In short, the new law requires all animal shelters in the state to inform adopters about whether any dog that is four months old or older has bitten a person and broken the skin. Under the new law, the animal shelter is required to inform a person about this type of animal history prior to selling a dog, giving away a dog, or otherwise releasing a dog. The history of bite(s) must be disclosed in writing, along with information concerning the incident in which the dog bite occurred.

anja-137284-300x225If you are in a car accident in Vista and file a lawsuit against the negligent driver, how will your case be impacted if the defendant says you are partially to blame for the accident? This question concerns “comparative fault,” which is sometimes known as contributory negligence or contributory fault. In short, when a plaintiff files an accident claim against the responsible party, that defendant can raise the issue of comparative fault as a defense to avoid paying the plaintiff the full amount of compensation he or she is seeking. While each state has its own laws concerning comparative fault, it is important to know that a plaintiff in California can still recover damages even if the court says the plaintiff is partially to blame.

We want to tell you more about California’s comparative fault law, and to explain how it may affect a car accident lawsuit in Vista.

California Follows a Pure Comparative Fault Rule

austin-pacheco-uZkgI3opcvE-unsplash-copy-300x207Now that school is back in session in Carlsbad, it is important for parents to think carefully about school bus safety. Whether you children ride a school bus or walk to school in areas with school buses, bus accident and injury prevention should be on your mind this fall and throughout the school year. 

According to a recent report from ABC News, most child injuries involving school buses occur when a motorist fails to abide by traffic laws pertaining to school buses. For example, automobile drivers might fail to stop when a bus stops to let kids off, or car drivers might not pay attention when they are speeding along roads where children are waiting for a school bus. At the same time, kids can get injured while riding on school buses. Despite all of these injury risks, the report points out that “a school bus is one of the safest vehicles on the road.” What do you need to know about school bus safety and bus accident prevention?

School Buses are One of the Safest Ways for Kids to Get to School

markus-spiske-197281-copy-200x300It is always frightening to learn that a product your child uses has been subject to a safety recall. Parents should not panic when they learn about a recall, but rather should determine the severity of the risk posed by the product and should follow the instructions on the recall. But what happens when recalled products are still used by daycare centers, or when parents are not adequately informed about recalls of dangerous children’s products? Those are just a couple of the questions surrounding the recent recall of the Fisher Price Rock ‘n Play Sleeper, as well as numerous other inclined sleepers designed for infants. 

According to a recent article in The Washington Post, the U.S. House Oversight Committee has decided to launch an investigation into infant inclined sleepers due to the number of infant deaths reported and the continued use of these products despite recall warnings from the Consumer Product Safety Commission (CPSC).

History of Inclined Sleeper Sales and Injuries

aliyah-jamous-1058056-unsplash-copy-300x200A large majority of discussions about traumatic brain injuries (TBIs) in the last decade have focused on sports-related concussions and head trauma sustained by active-duty service members. In particular, a substantial portion of TBI research has focused on the prevalence of chronic traumatic encephalopathy (CTE) among NFL football players and others involved in contact sports. In relation to studies concerning professional athletes, much research also has identified the risks of sports-related concussions among youth athletes. 

Yet few studies have considered the rate and effects of concussions sustained by women who are involved in “intimate partner violence,” according to a recent article in The New York Times. In response to that research shortage, Dr. Eve Valera has begun to analyze concussions among women who have sustained head injuries inflicted by domestic partners.

Limited Studies on Brain Trauma, Women, and Domestic Violence

perry-grone-WgXd5cMYVyM-unsplash-copy-300x200Whether you are a San Diego County resident with kids who enjoy zip lining, or if you live in another part of the country and are planning a trip with your family to an area of Southern California where zip lining is popular, it is important to understand that zip lining can come with injury risk. Indeed, zip line accidents happen more often than you might think, and these accidents frequently happen because of another party’s negligence. As an article in HealthyChildren.org explains, zip lines are a “common attraction at camps, amusement parks, and in backyards . . . across the U.S.,” yet not all zip lines are created equal in terms of their safety ratings.

 
Whether your kids are planning to zip line, whether it is close to home or on a zip lining adventure on vacation or at camp, you should learn more about the activity and ways to avoid zip line injuries.

 
Zip Line Injuries are Becoming an “Epidemic”

ryan-wilson-18905-copy-300x300The San Diego area is full of swimming pools, from the private Rancho Bernardo Swim & Tennis Club to public pools managed by San Diego Parks & Recreation. When you visit a hotel pool, a public pool, or a swimming pool at the home of a friend or family member in or around San Diego County, it is important to be aware of slip and fall risks. People who own or manage properties including swimming pools owe a duty of care to customers (for private club and public pools) and to friends and family members (for private residential pools) who are on the property. 

Sometimes swimming pool slips and falls happen when nobody plans to swim but the area near the pool is slick from water, while slips and falls also happen to swimmers and sunbathers. We want to say more about preventing slip and fall injuries and provide clarification about liability in swimming pool slips and falls.

Keeping Areas Around Pools Safe

duffy-brook-350225-copy-300x200How often do dog bite injuries in Poway happen? Whether you are in Poway or in another part of Southern California, it is important to know that California routinely leads the nation in the highest rate of dog bites, and this year is no different. According to a recent report in the Insurance Journal, California ranked first in dog bite injury claims based on data in a new report. While dog bite claims across the nation did decrease slightly, California continued to have more dog bite claims than any other state by hundreds of incidents. What else should San Diego residents know about the report, and what can we do to prevent dog bite injuries?

 
Report Says California Had More Than 400 Dog Bite Claims in 2018

The Insurance Information Institute (III) and State Farm conduct a report each year on dog bite injury claims. For the 2017 year, the report showed California ranking first in the total number of dog bite injury claims with a total of 488 claims. Across the country, the report for 2017 showed a total of about 3,600 claims, meaning that dog bite injury claims in the state of California accounted for nearly 14% of all dog bite injury claims in the country. A total of $18.7 billion was paid out in 2017.

joao-victor-xavier-304057-copy-300x169Children in Escondido can suffer concussions and other types of traumatic brain injuries (TBIs) just as adults can. There are many common causes of TBIs in both kids and adults, including, for example, car crashes and sports-related accidents. According to a recent report in U.S. News & World Report, some sports and recreational activities are much more hazardous than others when it comes to brain injury risks for kids. More specifically, a majority of children who sustain traumatic brain injuries in sports- or recreation-related activities sustain those injuries while playing football or soccer. 

CDC Study Discusses Dangers of Contact Sports for Kids

This information about the serious risks of both football and soccer for kids was published in a new study conducted by the U.S. Centers for Disease Control and Prevention (CDC). That study emphasized that contact sports are the most dangerous in terms of TBI risks, resulting in approximately 45% of all brain injuries that send kids to emergency departments every year. In general, football was the cause of the highest number of TBIs in male children, while soccer was the leading cause of brain injuries in female children. According to the report, “contact sports resulted in nearly twice as many TBI [emergency department] visits as did non-contact sports and four times those associated with recreation-related activities.”