Articles Posted in Personal Injury

michael-mroczek-199379-copy-300x200For parents and their neighbors in Rancho Bernardo, it is important to understand important school bus safety laws as kids throughout California return to school. We can all take steps to prevent bus accidents. However, according to a recent report from CBS News, many drivers do not always obey school bus safety laws simply because they do not know them. Now is the time to learn because the California Highway Patrol (CHP) plans to conduct pedestrian safety enforcement operations along the California coast in the coming school days.

What are School Bus Laws in California?

In short, it is important for motorists to know how to behave around a school bus (and how to obey the law). In particular, if you are driving behind a school bus that is picking up or dropping off children, or if you are approaching such a bus from the opposite direction, what does the law require you to do? The report emphasizes the importance of understanding and abiding by the following laws to prevent child pedestrian accidents and fatalities:

jakob-owens-169886-copy-300x205When parents in Poway and throughout Southern California buy food products for their kids, they should be able to expect that these items will not result in unexpected injuries. Unfortunately, however, foods we buy at the local grocery store can contain product defects that lead to serious injuries. According to a recent article in The New York Times, boxed macaroni and cheese products made with powdered cheese could be causing harm to your kids. Could this popular food, especially among children, be the potential basis for product liability claims in California?

Are Boxed Macaroni and Cheese Products Harmful to Your Child’s Health?

As the article explains, it looks as though the powdered cheese contained in many of these boxed products contains high amounts of phthalates, chemicals that “can disrupt male hormones like testosterone and have been linked to genital birth defects in infant boys and learning and behavior problems in older children.” Are these chemicals found naturally in cheese? In short, the answer is no. Rather, phthalates can “migrate into food from packaging and equipment used in manufacturing.” Young children and pregnant women should be particularly concerned with the risks associated with these chemicals.

joao-victor-xavier-304057-copy-300x169Is high school football in San Marcos really as dangerous as scientists and physicians have been suggesting? Does playing high school football increase young athletes’ risk for sports-related concussions and more serious traumatic brain injuries (TBIs), in addition to placing them in danger of developing the degenerative brain condition known as chronic traumatic encephalopathy (CTE)? Most physicians would say, in general, yes. However, according to a new study published in JAMA Neurology, not all high school football players appear to have sustained long-term damage from playing the sport in their youth. High school football players in the 1950s did not, on the whole, show signs of cognitive impairment.

This study appears to call into question some of the recent research on TBIs and high school football. What are the key takeaways from this study, and should this research change the way we manage the risk of brain injuries in contact sports?

Study Explores Link Between Youth Sports-Related Concussions and Long-Term Cognitive Health

nabeel-syed-2856-copy-300x200Pedestrian accidents happen a lot more frequently than they should in Encinitas, according to a recent article in The San Diego Union-Tribune. The city recognizes the particular risks for pedestrians who walk along El Camino Real, and the city is taking steps to try to make this stretch safer for anyone who is on foot. The city recently hired an expert to conduct a “walking audit” of El Camino Real with a group of participants and to make recommendations for preventing a pedestrian accident and improving safety in general for pedestrians in the area.

What can the city do to make Encinitas a more pedestrian-friendly place?

The “Walking Audit” and its Outcome

aaron-burden-60068-copy-300x212For families living in Carlsbad, it is extremely important to ensure that your children are wearing seatbelts and are properly restrained in the event of a car accident in Southern California. According to a recent report from NPR, 43% of kids who die in motor vehicle crashes are not properly restrained, which means that these children either were not wearing seatbelts at all or were not wearing seatbelts or other safety harnesses in the proper manner. What can parents learn from this information? It is extremely important to require your kids to wear seatbelts whenever they are in the car, and it is also necessary for parents to educate themselves about the proper restraints for children of all ages.

Traffic Accidents on the Rise

As the report explains, deadly traffic accidents are on the rise in the U.S., and many of them are preventable. In particular, in fatal crashes involving children, the simple act of properly restraining your child could prevent deadly injuries. We do know that some parts of the country have higher rates of child fatalities than others. All in all, however, more than 18,000 children across the U.S. were involved in car accidents between the years 2010 and 2014, and of those children, 15.9% died as a result of the car accident.

andrew-branch-126761-copy-300x212Anyone in Oceanside who has used Roundup weed killer and developed cancer should know that this pesticide may be linked to non-Hodgkin’s lymphoma. According to a recent article in The New York Times, the active ingredient in Roundup, glyphosate, might be a cause of cancer. The International Agency for Research on Cancer (IARC), which is a branch of the World Health Organization (WHO), reported recently that glyphosate is “a probable carcinogen,” and it cited links between its use and the development of non-Hodgkin’s lymphoma.

A number of individuals who have developed non-Hodgkin’s lymphoma have filed a lawsuit against Monsanto, the maker of the pesticide. The product liability lawsuit alleges that Monsanto failed to warn consumers about the risks associated with using Roundup. What else should Oceanside residents know about the risks of Roundup and the possibility of a product defect claim?

Disagreement Over the Effects of Glyphosate

louis-moncouyoux-3620-copy-300x200If you are working at a job site in San Clemente, what kinds of protections can you expect from your employer to prevent a workplace injury? According to a recent article in Bloomberg BNA, there is a new safety rule in California that is designed to protect employees “from high heat in indoor workplaces.” What does the new rule require, and are employers currently obligated to abide by it?

Cal/OSHA Proposal Targets High Heat Workplaces and Heat Illness Prevention

Workplaces in San Clemente and throughout Southern California can be extremely hot in terms of temperature. Even in the winter months when the weather is slightly cooler, workers in many different industries still can be exposed to high temperatures that could result in heat illnesses, which can lead to more debilitating injuries. As the article explains, the California Division of Occupational Safety and Health (Cal/OSHA) has proposed a new rule that would require state employers to “implement a written heat illness prevention plan.” This heat illness prevention plan “could be part of a workplace’s already required illness and injury prevention program, which covers all types of risks.”

ryan-wilson-18905-copy-300x300If you are staying at a hotel in Rancho Bernardo with your family, and there is a swimming pool accident, who is liable? Hotel accidents and accidental drowning incidents happen more often than they should. Hotels in Southern California and throughout the country often have signs around pool areas that warn about risks. In some situations, parents sign waivers for their kids to use a hotel pool. Can a hotel still be liable in the event that a drowning incident occurs and a child sustains serious personal injuries?

The facts of each case are different, but it is important to know that warnings and waivers do not always release hotels or other property owners from liability in a swimming pool accident.

Premises Liability and Swimming Pools at California Hotels

bethany-legg-14229-copy-300x200For residents of Vista, California who regularly commute to work in San Diego County or have teen drivers on the road, it is extremely important to be aware of the dangers of distracted driving. As a fact sheet from the National Safety Council (NSC) explains, April is distracted driving awareness month. It is always a good idea to think about how distracted driving can impact our lives and to discuss safe driving and car accident prevention tips with your teen drivers. What else should you know about distracted driving and the risks of a crash in Southern California?

Using Technology to Prevent Distracted Driving in Vista

We often link technology with the increased risks of distracted driving. For instance, according to statistics from the National Highway Traffic Safety Administration (NHTSA), texting or talking on a cell phone while driving can greatly increase the risk of a serious motor vehicle crash. However, sometimes technology can actually help when it comes to distracted driving prevention.

eric-parks-87099-copy-200x300Who is responsible for severe and fatal bicycle accidents that occur in San Diego? The answer to that question depends on the specific facts of the case, but a recent report from NBC 7 News San Diego emphasizes just how important it is to file a bicycle accident lawsuit in Southern California if another party’s negligence results in your injuries. As that report notes, the City Council for the City of San Diego came to a unanimous agreement to pay a $4.85 million settlement to a cyclist who sustained severe and debilitating injuries as a result of an accident caused by uneven pavement.

While many bicycle accidents involve negligent motorists who are not paying attention to their surroundings or motorists who are driving aggressively and strike cyclists, the recent settlement makes clear that matters of premises liability can also affect the rate of bicycle accidents in urban areas.

Details of the Bicycle Accident in San Diego

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