Articles Tagged with San Diego personal injury attorney

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

the-climate-reality-project-zr3bLNw1Ccs-unsplash-copy-300x200Nobody wants to think about toxic substances that may exist in the drinking water in Encinitas or elsewhere in Southern California. However, companies have disposed of toxic and otherwise harmful substances in ways that result in serious and fatal harms to consumers in California and throughout the country, giving rise to a category of personal injury lawsuits known as toxic tort claims. Toxic tort injuries in a small town in Southern California made national news back in 1996, yet as a recent article in Grist highlights, those toxic substances continue to have relevance. 

Toxic Torts Legislation in Hinkley, California

Anyone who has seen the film Erin Brockovich (2000) probably remembers the name Hinkley, a town in Southern California made famous in 1996 when, as the article explains, “a group of residents famously won a massive direct-action arbitration against Pacific Gas and Electric.” The case involved allegations against Pacific Gas and Electric, which ultimately was found responsible for “dumping hexavalent chromium (aka chromium-6), a carcinogen used to suppress rust formation at the Hinkley gas compressor station, into an unlined pond in the ‘50s and ‘60s.” By the 1990s, the chromium-6 had seeped into the groundwater in Hinkley, and many people suffered serious injuries.

ryan-wilson-18905-copy-300x300One of the great features of any hotel when you are on vacation with your family is an outdoor pool. Even for visitors to Rancho Bernardo who are planning to spend much of their time at the beach, if you are staying at a hotel with a pool, there is a good chance that you and your children will enjoy some time by the poolside. However, pools can be extremely dangerous, and children especially can sustain serious hotel injuries at a pool. While drowning due to swimming inexperience or slipping and falling typically is the primary concern when it comes to hotel pool injuries, there are other ways that guests can get hurt while enjoying the water. Specifically, pool drain accidents and pool filter accidents happen more often than you might think.

Hotel Pools and Circulation Entrapments in Drains

Pools and hot tubs at hotels have drain systems and filter systems that are designed to clean the water and to create circulation. While these systems help to ensure that hotel guests are swimming in clean water, they can also lead to serious personal injuries if proper safety precautions are not taken or if these devices do not undergo regular maintenance. The U.S. Consumer Product Safety Commission (CPSC) refers to many of these injuries that lead to drowning deaths as “circulation entrapments.” In such situations, an injured guest may be able to file a hotel negligence claim.

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

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

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.

bm0y9zmka1m-sean-brown-300x109What should Carlsbad drivers know about drowsy driving? It is extremely dangerous, and it may result in impaired driving car accidents that are similar to those involving alcohol. According to a recent study from the AAA Foundation for Traffic Safety, reported in a CBS News article, the risks of drowsy driving are actually quite comparable to those of drunk driving. Specifically, missing anywhere from two to three hours of sleep per night (or more) can quadruple a driver’s risk of being involved in a crash. What is the ideal amount of sleep for an adult? Adult drivers should sleep for at least seven hours per night. With that figure in mind, losing two to three hours of sleep on any given night means that driving after sleeping for only four or five hours can drastically increase the risk of an accident.

Whether you are driving locally in Carlsbad or are on the I-5 heading to work, it is extremely important to avoid drowsy driving. What else can California drivers learn from the recent AAA study?

Drowsy or Fatigued Driving Can Be More Dangerous Than Other Risky Behaviors

For Carlsbad, California residents who are thinking about buying a new automobile in the coming months and are focused on auto accident prevention, it is important to pay attention to safety ratings. According to a recent article in USA Today, only 38 cars earned “top safety pick” ratings by the Insurance Institute for Highway Safety (IIHS), indicating that safety features aimed at preventing car accidents and serious injuries may not be having the full effect that automakers had hoped.

Headlamps are Primary Focus of IIHS’s Safety Picks This Year

As the article explains, we are living in a time in which car manufacturers have “had to add high-tech features to get top ratings” in the IIHS annual “top safety picks” survey, yet a more low-tech item may be what is holding a number of vehicles back from earning that coveted “top pick” rating: headlights and headlight safety.

799px-Played_with_Tonka_toysNow that Thanksgiving has come and gone, many parents in Carlsbad and throughout San Diego County are beginning to think about holiday gifts for children. With considerations for children’s toys often come concerns about toy safety, product defects, and the risks of child injury. According to a recent article in WebMD.com, a safety group has just released its “annual dangerous toys” list just in time for the holiday season. What toys should parents avoid when purchasing gifts for young children?

WATCH Releases List of Dangerous Toys

Each year, World Against Toys Causing Harm (WATCH), a consumer watchdog group, releases a list of dangerous toys. As WATCH emphasizes, “since January 2015 there have been recalls involving more than 800,000 individual products, including 500,000 this year alone.” As such, it is important to be careful when selecting toys for children. Just because a toy says that it is intended for a child of a certain age group does not mean that the product is free of safety defects.

600px-Mri_brain_side_viewIf your child currently plays tackle football in San Diego County, you might want to think twice before agreeing to let your child attend another practice or play in another game. Indeed, according to a recent article from NBC News, a new study suggests that head injuries of all sorts—including but not limited to concussions—may irreparably alter a child’s brain. The study was conducted by a team of researchers at Wake Forest Baptist Medical Center, who were interested in exploring the wider effects of head trauma on kids who play football. Unlike several other recent studies, these researchers wanted to broaden their study to include more brain injuries than just concussions. In so doing, they learned that various types of head injuries can change the way a child’s brain works.

Details of the Recent Study of Youth Football Players

Currently, about three million kids across the United States play in tackle football programs. Up until now, research has primarily looked at the effects of concussions and has explored ways to prevent mild traumatic brain injuries (TBIs). However, the recent study from Wake Forest suggests that we need to be worrying about more injuries than just concussions.