Articles Posted in Personal Injury

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imthaz-ahamed-156276-unsplash-copy-300x169Whether you live in Encinitas or another part of San Diego County, you should know about a bill that has been introduced in California to “prohibit settlement agreements that keep secret information about dangerous products and environmental hazards,” according to a recent article in the Sacramento Bee. The bill is not the first of its kind. To be sure, a number of other states have enacted similar laws to help ensure that consumers can have important information about hazardous products that could cause personal injuries. We want to provide some more information about the bill, and to give you an idea of how it could impact personal injury lawsuits in Southern California concerning product defects.

Confidential Settlements and Defective Products in California

Assemblyman Mark Stone introduced Assembly Bill 889, which is designed to prevent lawsuit settlements that are conditioned on information about defective products that could pose “a danger to public health and safety” being kept confidential. Currently, when consumers file lawsuits against manufacturers after being injured by a product with a safety defect, for example, the manufacturer can settle the lawsuit and require the consumer to agree to confidentiality. Often, such confidentiality is to ensure that a protective order issued by the court that “prevent[s] plaintiffs from disclosing information that they have learned and insist, as a condition of settling a lawsuit, that the parties remain silent about the matter.”

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rmwtvqn5rzu-jesse-orrico-300x199If your child plays football or another contact sport in Vista, it is important to learn more about a recent study suggesting that other hits to the head—and not just concussions—can cause chronic traumatic encephalopathy (CTE). According to a recent report in the Washington Post, a new study has examined the brains of teenage athletes and has determined that signs of CTE appear even when those teen athletes did not sustain concussions but simply received hits to the head.

Since information about CTE and traumatic brain injuries (TBIs) entered into our lexicon, we have been taught that concussions are the cause of this degenerative disease. Now, however, it looks as if blows to the head that are not severe enough to cause a concussion may also result in this debilitating and ultimately deadly disease.

Concussions May be Irrelevant in Triggering CTE

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anthony-delanoix-59573-unsplash-copy-300x201Ziplines are becoming more popular in Southern California and throughout the country at a wide range of locations, from outdoor education centers to local parks to summer camps. While children and teens might be excited to try ziplining, it is important for parents to recognize that zipline injuries are actually quite common, and they can be severe and debilitating. A recent study discussed in the Claims Journal indicates that the number of commercial ziplines has risen dramatically in the U.S. over the last two decades, from fewer than a dozen ziplines in 2001 to more than 200 as of 2012. That number does not even include the “more than 13,000 amateur ziplines found in outdoor education programs, camps, and backyards.”

We want to take a closer look at the study and provide key information to parents in Carlsbad about zipline accidents and risks.

Ziplines Pose a Serious Risk of Injury, Study Says

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ryan-wilson-18905-copy-300x300Drowning accidents happen more often than they should in Oceanside and other parts of San Diego County. While many drowning accidents happen at the beach when swimmers are just off the shore, drowning accidents can also occur with some frequency in home swimming pools. In particular, pools can pose serious risks to child safety when they do not have proper guards or barriers. Recognizing the dangers of swimming pool accidents to young children, Governor Jerry Brown recently signed into law the Pool Safety Act (SB 442), according to a recent report from PR Newswire. That law took effect on January 1, 2018, and it “requires new or remodeled pools and spas to have two of seven child protective safety barriers.”

Will the new law help to prevent avoidable drowning accidents in Southern California?

Drowning is a Leading Cause of Death Among California Children

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markus-spiske-197281-copy-200x300For working parents in San Clemente, it is important to be able to rely on a day care facility to take care of your kids during business hours. We all want the best for our children, and San Diego County parents do significant research into daycare facilities to ensure that their kids will be able to learn and play in a safe environment during the workday. Yet daycare accidents can happen at almost any facility. In some situations, accidents and injuries at preschool may be unavoidable. However, daycare and preschool facilities can take preventive measures to ensure that kids do not suffer serious personal injuries. What are some of the most common daycare injuries, and what can facilities do to avoid them?

An article from DC Insurance Services cites the following injuries that often occur at daycare and preschool facilities, as well as ways to prevent them.

Accidents on the Playground

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clark-young-403377-copy-300x200Consumers in Valley Center and throughout Southern California should be able to purchase products without worrying that a safety defect will cause serious or life-threatening injuries. However, product defects happen much more often than they should, and consumers often do not learn about recalls until other people have gotten hurt. According to a recent report in The Washington Post, a series of recent recalls highlights design and manufacturing flaws in a number of consumer products that could lead to serious personal injuries if consumers do not heed the recall information.

Defective Children’s Products and Child Injuries

A toddler bed has been subject to a recent recall after consumers reported that the bed “can collapse and entrap a child.” According to reports, The Land of Nod company’s “Nook” toddler beds have a faulty headboard and frame system. The recall notice indicates that the headboard can unexpectedly disconnect from the bed frame and can fall onto the bed, entrapping a child who is using the product. Currently, the company knows about four separate reports of the headboard disconnecting from the bedframe and falling onto the bed. Although no injuries have been reported, anyone in possession of one of these beds could be placing their children at risk of injuries.

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nabeel-syed-2856-copy-300x200If you live in Rancho Bernardo and regularly commute within the San Diego area, you probably know that self-driving cars have become a frequent topic of conversation and concern in California. Many Southern California residents are not yet ready to share the road with autonomous vehicles, while others in the industry are pushing for the expansion of the self-driving car market. On the one hand, those in favor of self-driving cars argue, for instance, that these vehicles “will help create a safer, cleaner, and more mobile society,” according to a recent article in Science Magazine. On the other hand, some consumer safety advocates contend that the costs associated with autonomous vehicles may not outweigh the safety benefits, according to a recent report in USA Today.

Where does California law stand on autonomous vehicles and auto accidents? How should Rancho Bernardo residents assess the risks and benefits of self-driving cars?

Liability and Manufacturer Specifications

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hush-naidoo-382152-copy-300x200We often hear about the long-term risks of traumatic brain injury (TBI) in Poway and elsewhere in the San Diego area, such as chronic traumatic encephalopathy (CTE), particularly among athletes in contact sports who have sustained multiple concussions. Can head injury risks lead to other types of physical injuries, as well? According to a recent article in Science Daily, a group of researchers at the University of Maryland School of Medicine (UMSOM) have concluded that there is a “two-way link between traumatic brain injury and intestinal changes.” Those intestinal changes, in turn, resulted in more infections and in same cases “worsen[ed] chronic brain damage.”

To be clear, the new study suggests that brain trauma may be linked to additional physical injury. What do you need to know about the study’s conclusions?

Brain Damage Triggers Changes in the Colon

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steve-halama-324710-copy-177x300As many residents of San Marcos know, California law allows adults aged 21 and older to buy, possess, and consume marijuana as long as it is one ounce or less in a private residents or in an area in which marijuana consumption is legal. In addition, the law permits adults to grow marijuana plants in a small number (up to six of them), as long as they are growing the marijuana plants in a secure place where the public cannot view them. What does this have to do with car accident rates in San Marcos? According to an article in The Washington Post, two studies conducted earlier this year “came to seemingly opposite conclusions on whether marijuana use is causing an increase in car crashes in states that have legalized the drug.”

Since California is one of those states, it is important for residents to consider the potential link between marijuana use and motor vehicle crash rates. If you or someone you love got hurt in a traffic collision caused by a drugged driver, you should learn more about filing a claim for compensation.

Are Car Accident Insurance Claims Higher in States Where Marijuana is Legal?

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kalu-ci-146209-300x200When you live in Encinitas or in a nearby part of North County, you likely know about the risks of alcohol-impaired driving. We often hear about DUI laws in California and the serious consequences of driving under the influence of alcohol. The U.S. Centers for Disease Control and Prevention (CDC) highlights how an average of 28 people sustain fatal injuries in car accidents each day caused by drunk drivers (or, to put that number another way, one person dies every 51 minutes because a driver decided to drink and drive).

What about drugged driving? How does smoking or otherwise consuming marijuana affect a person’s ability to drive safely? How often do prescription drugs or illegal substances play a role in serious and fatal car accidents in Encinitas? According to a recent report from the Regulatory Affairs Professionals Society (RAPS), the FDA’s newly finalized study provides guidance on drugged driving.

Drugged Driving Laws in California

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