California Injury Lawyers Blog

The family of Andres Avila, 26, has filed a Los Angeles County wrongful death case against the Pomona Police Department, Avila was fatally shot by police last month. They are alleging excessive use of police force and racial profiling.

According to Avila's relatives, the altercation with police began a few months ago on July 4 during a family party. They claim that police went into the residence without specific case and started chasing him. They then allegedly beat him. The family says they have cell phone footage of Avila being Tased and assaulted that night. He would go on to file a personnel complaint against the cops that were involved.

On October 16, police allegedly called Avila and his girlfriend and that is when family say the shooting happened. Avila was pronounced dead at the scene.

Police Brutality
Authorities will hopefully investigate any allegations of police brutality. That said, even if no case is filed against officers allegedly involved this doesn't necessarily mean that you still cannot file a Los Angeles County excessive use of force case and win.

Cops are never supposed to use excessive force when doing their job. That's how people can get hurt or fatally shot. Even when apprehending, questioning, or pursuing someone they are not supposed to use more force than necessary.

Unfortunately, there are police officers that use excessive force to abuse, assault, and harm people. This is known as police brutality and may include physical assault, sexual assault, verbal abuse, intimidation, false arrests, psychological abuse, emotional abuse, rape, and false arrests.

Racial Profiling
One of the accusations the family of Avila is making is that he was the victim of racial profiling, which involves the targeting of people of color by law enforcement officials. Like all acts of police brutality, racial profiling is a violation of one's civil rights.

Most people are too scared to report incidents of Los Angeles police brutality for fear of retaliation. They also don't realize that they've been caused undue harm or that they may have grounds for Pomona personal injury recovery.

Our Anaheim personal injury lawyers frequently report on stories involving allegations, claims, and lawsuits involving people in Orange County, Los Angeles County, Riverside County, and San Bernardino County. Be sure to follow our California Injury Lawyers Blog for the latest news.

For the families who have lost someone because of excessive use of police force, know too that you may have reason for a Los Angeles wrongful death case.

Excessive use of force is an abuse of police power. Police officers and their departments should be held liable for misconduct that causes injury or death.

Probe under way into fatal Pomona police shooting, ABC Local, October 16, 2011

Pomona Police Hit with Wrongful-Death Claim, MyFoxLA, November 1, 2011

Pomona Police Department

More Blog Posts:
Newport Beach Wrongful Death Lawsuit Blames Police for Suicide of Man While in Custody, California Injury Lawyers Blog, October 21, 2011

Mentally Ill Homeless Man Beaten by Fullerton Police Died from Asphyxia, Reports Coroner, California Injury Lawyers Blog, September 21, 2011

Fullerton Cops Accused of Orange County, California Police Brutality in Fatal Beating of Kelly Thomas, California Injury Lawyers Blog, August 13, 2011

The California Department of Public Health has issued a Class A citation to Crystal Ridge Care Center because of the death of a nursing home patient after fall accident in the bathtub. The assisted living facility must also pay a $75,000 fine.

Although the care facility's policy it to have two operators run the mechanical lift that was used to transfer the resident, just one certified nursing assistant was it to move the male resident from the bathtub. The patient fell into the tub, breaking three neck bones and striking his head. He passed away a few days later.

The CDPH says that the patient's records had documented that he was at risk for fall accidents and needed assistance when being transferred. Also, not only had the assisted living facility not provided any lift training to its staff, but also its administrator does not use a checklist to cibfurn workers' competencies. The state says that Crystal Ridge failed to keep the patient safe.

Nursing Home Fall Accidents
Transferring patients to and from beds, wheelchairs, bathtubs, and chairs requires the proper safety procedures to minimize the chance of serious injuries. This assistance may involve the manual help of nursing home staff or, in some instances, the use of a mechanical lift.

Lifts are usually used to assist patients who are overweight, contracted or so severely impaired that the added support of the lift is best alternative. A mechanical lift might be used to help a person go from standing to sitting position or help in being transferred from one place/location or modality (bed to wheelchair) to another.

Common cause of mechanical lift injuries:
• Just one staff member operating a lift that requires two people for safe operation
• Inadequately secured transfer belts, which can lead to fall accidents and bruising
• Inadequate training
• Not enough staff
• Poor maintenance

You may be able to obtain Orange County, California nursing home negligence damages for a loved one that was injured in a fall accident that could/should have been prevented. Assisted living facilities know that some patients are more prone to falls than others and it is their job to implement and execute the proper safety procedures to prevent that from happening.

For many sick and elderly people, a nursing home fall is a serious accident that can lead to the deterioration of one's health and even death. If a care facility is understaffed or hasn't trained workers to properly handle patients need help then Anaheim nursing home neglect may be at play.

Some reasons why some patients may be more prone to Orange County, California nursing home falls:

• Mental illness
• Dementia
• Old age
• Hip injuries
• Poor vision
• Sedation from medication
• Poor balance
• Weak muscles
• Slower reaction time
• Physically disabled

Nursing Home Faces Most Severe Fine After Death of Resident, Fox40, October 31, 2011

Grass Valley nursing home fined $75K in patient death, The Union,
November 1, 2011

Related Web Resources:
California Department of Public Health

Falls in Nursing Homes, Centers for Disease Control and Prevention

More Blog Posts:
California Nursing Home Neglect Lawsuit: Poor Care Allegedly Caused 80-Year-Old Female Dementia Patient to Suffer Dehydration, Malnutrition, and Infections, California Injury Lawyers Blog, October 27, 2011

$1.3M Los Angeles County Nursing Home Abuse Judgment Awarded to Elderly Patient Injured in Fall Accidents, California Injury Lawyers Blog, September 27, 2011

Los Angeles County, California Nursing Home Death Leads to $75,000 Fine, California Injury Lawyers Blog, August 31, 2011

The family of 17-year-old girl is suing the Desert Sands Unified School District because one of its teachers allegedly sexually assaulted her twice. The Riverside County personal injury complaint blames the district for negligent supervision and hiring. Also named as defendants are ex- La Quinta High School teacher David Armenta, who is accused of the sexual abuse, and up to 100 unknown persons.

The girl's family believes that the district should have known about Armenta's allegedly inappropriate behavior. In their Riverside County sex abuse lawsuit, they say that from November 2010 through February 2011, Armenta paid the teenager "excessive attention" that included inappropriate comments, text messages, physical contact, and invitations to his residence. He also would call the girl in to the classroom where they would be alone for extended periods of time. Per the plaintiffs, other school staff noticed the teacher and student alone in the classroom but did not look into the matter.

The Riverside County injuries to a minor suit argues that the school district hadn't implemented any reasonable/appropriate safeguards to prevent the sexual assault of students by teachers from happening. Armenta, who was arrested eight months ago, has pleaded not guilty to the felony counts of unlawful sexual intercourse with a minor and oral copulation against a minor.

School districts can be held liable for sexual abuse, assault, and molestation crimes committed by its employees on students. Teachers hold a position of authority over their students and it is their responsibility to properly supervise them and not take advantage of that power.

Unfortunately, sexual abuse by teachers does happen. According to the U.S. Department of Education, 6-10% of public school kids have been sexually harassed or abused by teachers or school employees. Child sexual abuse and assault also has been known to take place at private schools. In 2007, the AP reported that between 2001 and 2005, 2,570 educators had their teaching credentials denied, sanctioned, surrendered, or revoked because of sexual misconduct allegations. In at least 1,801 of the alleged cases, young people were the victims (over 80% were students). Obviously, it is important to note that there are many teachers in this country that are devoted to their job and would never intentionally harm their students.

Even if a minor consents to the sexual relationship, it is still against California law for an adult to have sex with a minor.

In what could result in another Riverside County sex abuse case, a Cathedral City woman has pleaded guilty to having sex with a teenager. At the time, Alanna Reichle, 33, was running a recreation league while working as a civilian employee for the Palm Springs Police Department.

Reichle had been charged with one count of oral copulation with a person under 18 and three counts of unlawful sex with a minor. The victim was 16 when alleged sexual abuse happened.

Former Coachella Valley police league leader pleads guilty to sex with minor, MyDesert, October 28, 2011

Suit: District negligent in La Quinta High School teacher sex case, MyDesert, October 10, 2011

La Quinta High School Teacher Pleads 'Not Guilty' To Sex Charges, KESQ, April 6, 2011

Thousands of teachers cited for sex misconduct, USA Today, October 20, 2007

Desert Sands Unified School District

More Blog Posts:
Los Angeles Wrongful Death Lawsuit Filed Against the Stepdad of Woman Who Committed Suicide While Alleging He Raped Her is Revived, California Injury Lawyers Blog, July 16, 2011

Costa Mesa Priest Sued for Orange County, California Child Sex Abuse on Trial, California Injury Lawyers Blog, June 16, 2011

Mexican Man's Los Angeles Sex Abuse Lawsuit Accuses Cardinal Roger Mahoney Of Conspiring to Cover Up for Priest, California Injury Lawyers Blog, April 20, 2010

The family of Malyia Jeffers has settled their California medical malpractice case with a local hospital. Malyia, then 2, had to have her left hand, part of her right hand, and feet amputated after waiting several hours to be seen at the emergency room at Methodist Hospital of Sacramento. The case has been settled for $10 million.

Per court documents, last November Malyia's parents took her to the hospital because she was suffering from weakness, skin discoloration, and a fever. They waited five hours in the waiting room even though they kept begging that hospital workers see their daughter. Meantime, the bruising on Malyia's body got worse, impacting her arms, legs, and face. In their California ER malpractice complaint, Leah Yang and Ryan Jeffers accused the hospital of inadequate staffing and negligent operation and supervision of the ER.

Malyia was eventually flown to Stanford University's Lucile Packard Children's Hospital where doctors diagnosed her with Streptococcus A bacteria, which by then had entered her organs and blood. She also spent over three months at the Stanford hospital.

The majority of the settlement, with the hospital and parent company Catholic Healthcare West, will go towards providing for Malyia's current and future needs. In addition to ongoing therapy, she also has customized prosthetics, costly meds, special clothing, and will have to use wheelchairs for life.

ER Malpractice
Unfortunately, the hectic pace of an ER can lend itself to medical mistakes. Late hours, not enough staff, lots of people coming in and out, doctors rushing from one patient to another, and emergency situations can create a lot of chaos and distraction and errors can be easily made and overlooked.

Common ER mistakes include:
• Failure to diagnose
• Wrong diagnosis
• Medication mistakes
• Surgical errors
• Inaccurate lab tests
• Not enough testing
• Unsanitary conditions
• Anesthesia mistakes
• Chart errors
• Delayed diagnosis
• Delayed treatment
• Discharging someone prematurely
• Insufficient patient history

As with any Orange County, California medical malpractice case, you want to work with a personal injury law firm that understands the nature and complexities of this type of civil suit and can prove liability.

Nurses, OB/GYNS, surgeons, doctors, and anesthesiologists are some of the medical professionals that can make ER mistakes. Hospitals and medical staff know that the emergency room is a place where medical errors can happen if one isn't careful enough or there aren't proper procedures in place to prevent them from happening. There may be more than one party who should be held liable.

Medical mistakes can result in catastrophic consequences for patients. Often, these can lead to costly additional treatment, procedures, and care. There is no reason why you shouldn't be allowed to obtain the maximum recovery possible for the harm that you or your loved one has suffered.

Girl Gets $10M Settlement After ER Delay, ABC News/AP, October 28, 2011

Lawsuit alleges ER negligence in treating toddler's infection, Sacbee, February 15, 2011

More Blog Posts:
California Products Liability: Los Angeles Judge Awards Family $4.6M for Injury from Botched Circumcision, California Injury Lawyers Blog, July 18, 2011

$5.5 Million Los Angeles County Medical Malpractice Settlement Reached with Family of Redondo Beach Cheerleader who Sustained Permanent TBI, California Injury Lawyers Blog, August 26, 2010

Laguna Beach Medical Malpractice?: Mission Hospital Fined For Accidentally Giving Morphine to Newborn, California Injury Lawyers Blog, May 20, 2010

A woman who says her 80-year-old mother was hospitalized because of the negligent nursing care she received has filed a California nursing home negligence complaint. The plaintiffs in the case are Accentcare Home Health of California, Inc., EHC Management, LLC, and Evergreen at Petaluma LLC.

In the California nursing home neglect lawsuit, Billie Walter says that while receiving home care, her mother, Elizabeth Walter, suffered a broken hip during a fall accident. Billie believes that the health care workers who were sent over by Accent Home Health of California left her mom unattended even though they knew she was a fall risk and was afflicted with dementia.

Following her hip injury, Elizabeth went to live full time at Petaluma Health and Rehabilitation where she became dehydrated and developed serious infections. A few weeks after she was admitted to the nursing home, Elizabeth was transferred to the hospital because of these conditions and due to malnutrition.

Billie is accusing the nursing home company of inadequate staffing at the assisted living facility and making misrepresentation about the quality of care her mother was to receive there, including assurances that Elizabeth would be treated by specialists that actually didn't work at the care home.

Negligent Nursing Care
You should know that you might be able to hold a nursing home company for negligent nursing care received either in private or at an assisted living facility. Orange County, California nursing home neglect can lead to serious health complications, injuries, and even death for patients.

If you suspect nursing home abuse or neglect do not hesitate to notify the authorities, report your concerns to the assisted living facility, and remove your loved one from the unsafe situation as soon as possible. An experienced Anaheim nursing home negligence law firm can help you figure out what to do.

Broken Hips and the Elderly
Not only are elderly seniors at higher risk than others of becoming involved in a fall accident, but also they are more prone to fracturing or breaking their hips. This can be an extremely painful and traumatic process.

The process of recovery and learning to walk again can take its hold on the patient's health, making him/her more prone to health complications, infection, and death. Care facilities and their employees know this and it is their job to prevent such accidents and injuries from happening.

You will want to work with an experienced Orange County, California nursing home abuse and neglect law firm that knows how to prove that an assisted living facility or nursing company was liable for the harm suffered by your loved one. It can be very upsetting to know that the people you entrusted with your family member's care hurt more than helped him/her. You may be able to hold them accountable in civil court.

Nursing home sued for negligence, Petaluma 360, October 27, 2011

Related Web Resources:
California Advocates of Nursing Home Reform

California Department of Public Health

More Blog Posts:
$1.3M Los Angeles County Nursing Home Abuse Judgment Awarded to Elderly Patient Injured in Fall Accidents, California Injury Lawyers Blog, September 27, 2011

Los Angeles County, California Nursing Home Death Leads to $75,000 Fine, California Injury Lawyers Blog, August 31, 2011

San Bernardino Nursing Home Negligence?: Assisted Living Facility Fined $80,000 Over 2008 of Patient Who Became Accidentally Disconnected from Ventilator, California Injury Lawyers Blog, July 8, 2011

A third female has come forward claiming that anesthesiologist Yashwant B. Giri sexually assaulted her. All three patients underwent surgery at Placentia-Linda Hospital.

Girl, is now accused of molesting a 16-year-old girl in 2009, a 28-year-old woman in 2010. and a 36-year-old female earlier this year. He has been charged with sexual abuse. Hospital employees have also said that they saw Girl sexually abuse two of the victims.

The latest woman to come forward says that Girl assaulted her in a private room before she was put under for surgery. The Orange County-Register reports that she finally decided to come forward after her therapist and loved one's encouraged her to speak out.

Sexual Abuse by Doctors
Sexual abuse inflicted by anyone can be a very traumatic experience. When a medical professional is the offender, it is a huge breach of his/her obligation to provide a patient with a certain level of care. Doctors, nurses, anesthesiologists, and surgeons have access to patients' bodies because they are tasked with providing the proper treatment. When that privilege is abused it can result in devastating emotional and psychological injuries, as well as physical injuries.

In California, victims can sue a medical professional, including psychotherapists, for Orange County, California sex abuse damages. It can also be grounds for Placentia medical malpractice against the health care provider or professional.

Possible defendants may include the abuser and the health care facility where the sexual abuse happened. Did administrators know that the medical professional may have molested people in the past? Where appropriate steps were taken to prevent sexual assault and abuse from happening at the hospital/medical facility? Were previous complaints of sexual assault against the doctor/nurse/surgeon/anesthesiologist investigated? Was someone with a criminal background or past history of abuse allowed to work at the hospital?

If the victim of sexual abuse is a child, special circumstances may allow for a later claim. A few months ago, the American Academy of Pediatrics issued its first policy to protect kids from sex abuse by doctors. Parents and their children should be notified that they are entitled to having a chaperone with kids at exams. Health care institutions should notify authorities about suspected sex abuse.

The policy called any type of child sex abuse by medical providers a "profound betrayal" of the patient and medical ethics. That said, adult patients should also be protected from sexual assault by a medical professional or anyone else while receiving treatment at a facility.

Our Anaheim personal injury law firm is familiar with the devastation sex abuse can cause on a victim's life. Many of the injuries are not visible to the naked eye, but the damage that sexual assault can wreak on a person's personal life, professional life, emotional health, and mental well-being can cause ramifications that cannot be denied.

Doctors' group issues policy on sex abuse of children, Los Angeles Times/AP, July 19, 2011

Third victim alleges abused by doctor, OC Register, October 25, 2011

More Blog Posts:
Hundreds of Doctors Accused of California Medical Malpractice Were Not Disciplined by the State, Says Public Citizen, California Injury Lawyers Blog, August 11, 2011

Costa Mesa Priest Sued for Orange County, California Child Sex Abuse on Trial, California Injury Lawyers Blog, June 16, 2011

Brother of Alleged Clergy Sex Abuse Victim Says He Too Was Molested by Priests at Huntington Beach Parish, California Injury Lawyers Blog, January 20, 2011

Two years ago, our Anaheim personal injury law firm reported on an Orange County, California wrongful death claim filed against Santa Ana police over the death of a 37-year-old Irvine woman. The family of Susie Young King wanted compensation because police shot her during a 30-minute chase through Santa Ana, Fullerton, Anaheim, and Buena Park. Her daughter, 13-months, was in the backseat of her Toyota at the time. The city has now agreed to pay $2.45 million to Kim's family to settle their Santa Ana wrongful death case.

The chase started early on April 10, 2009, because Kim wouldn't stop after police tried to pull her over for a traffic violation. She reportedly had cocaine and alcohol (her BAC was .18%) in her body. The police pursuit, which reached speeds of up 110 to 120 mph, ended when one of the cops shot at the car.

In their Santa Ana wrongful death claim, Susie's estate, her daughter Angelica Kim Contreras, and her parents Yung and Nancy Kim claimed police purposely endangered the little girl, engaged in excessive use of "deadly force," and applied improper tactics that led to the "justified' shooting.

In July, a federal judge declared a mistrial in the Santa Ana wrongful death trial because the jury couldn't reach an agreement on whether police officer Brandon Sontag had used excessive force. Sontag had testified that he shot at Kim in self-defense because she "floored it" as he approached her car. However, the Kim family's California injury lawyer said that Sontag shot his weapon even as Kim's vehicle drove by him.

Excessive Use of Police Force
Unfortunately, police officers can make mistakes and use too much force when doing their job. This can lead to injuries and deaths--especially when pepper spray, batons, Tasers, or guns and involved. For example, a police officer should only use his/her gun as a last alternative. This means that he/she must exhaust all other, less dangerous options first. Excessive use of police force is a violation of the other person's civil rights.

Excessive use of force can also be used when an officer is engaging in police brutality, which can include physical assault, verbal violence, sexual assault, false arrests, racial profiling, making threats, intimidation, and other acts of violence. Police brutality, too, is a violation of one's civil rights. It is also against the law.

Do not be afraid to speak with a Santa Ana excessive use of force law firm to find out whether you have grounds for filing a complaint against a police officer, his/her department, or the city that employs this cop. You may be entitled to Orange County, California personal injury recovery. Even if prosecutors choose not to pursue charges against the offending police officer, you can still pursue your own civil claim and possibly receive compensation.

Santa Ana pays $2.45 million in fatal shooting of mom, OC Register, October 19, 2011

Woman With Baby in Car Killed at End of Police Chase, NBC LA, January 7, 2010

Santa Ana Police

More Blog Posts:
Parents File $20 Million Orange County, California Wrongful Death Claim for Daughter's Fatal Shooting by Santa Ana Police, California Injury Lawyers Blog, July 21, 2009

Mentally Ill Homeless Man Beaten by Fullerton Police Died from Asphyxia, Reports Coroner, California Injury Lawyers Blog, September 21, 2011

Newport Beach Wrongful Death Lawsuit Blames Police for Suicide of Man While in Custody, California Injury Lawyers Blog, August 6, 2011

With the number of transvaginal mesh lawsuits rising, the effectiveness of the Food and Drug Administration's medical review process has once again come into doubt. Apparently, defective medical lawsuits against Johnson & Johnson involve a vaginal implant that was based on a similar mesh product that was taken off the market for safety reasons more than 10 years ago. That product was called ProteGen, by Boston Scientific Corp. So why then did the FDA keep approving these new mesh products?

Questions about whether the FDA has been doing its job as watchdog started to surface in the wake of the mass recall announced last year by DePuy Orthopaedics, a J & J subsidiary, of its defective hip implant devices. Medtronic's recall of its Sprint Fidelis defibrillators following over allegedly more than a 100 deaths didn't help either.

Please do not hesitate to contact our Anaheim defective medical device lawyers if you believe that you could have a case.

According to National Women's Health Network police director Amy Allina, as reported in Bloomberg.com, the FDA's 510(k) process for approval lets manufacturers obtain product clearance if it cites similarity to a device that had been previously approved. The next device can then be cited to cleared the next one, and so one. Allina says that if the first approved medical device was recalled, the FDA won't then link it back to devices that were approved after even if they were based on the recalled product. The FDA uses the 510(k) process to approve 90% of device applications annually. The vaginal mesh products, artificial hip implants, and the Medtronic defibrillators all made it through the (510)k process.

Just recently, Boston Scientific put out a class 2 recall of its Pinnacle Pelvic Floor Repair Kits over concerns that the mesh product might detach during surgery. The transvaginal mesh product is supposed to help strengthen and stabilize the pelvic floor to treat pelvic organ proplapse.

More than 600 products liability lawsuits have been filed against vaginal mesh makers, including the one filed a couple of weeks ago by one woman against Boston Scientific. She says that because the Pinnacle pelvic mesh that was implanted in her was defective and that she sustained permanent physical injury as a result. She is seeking $1.5 million in compensatory damages for emotional trauma, medical bills, pharmaceutical costs, disability, loss of enjoyment of life, and pain and suffering.

The FDA recently warned that serious complications related to transvaginal mesh used in treating POP rare are not uncommon. Complications may include organ perforation, infection, or bleeding. Removing this medical device once implanted can be a painful and complicated process that may require numerous surgeries while placing the patient at risk of even more health complications.

Johnson & Johnson vaginal mesh lawsuits another blow to the FDA's device review process, Massdevice.com, October 20, 2011

J&J Vaginal Mesh Approved by FDA Based on Similar Device Recalled in 1999, Bloomberg, October 19, 2011

More Blog Posts:
Public Citizen Wants Transvaginal Mesh Recalled by Food and Drug Administration, California Injury Lawyers Blog, August 25, 2011

California Defective Medical Device Cases: Lawsuits Filed by Patients Injured by Recalled DePuy ASR Hip Replacement Systems, California Injury Lawyers Blog, August 22, 2011

Woman Files California Vaginal Mesh Lawsuit in Los Angeles Superior Court, California Injury Lawyers Blog, July 5, 2011

Continue reading "Transvaginal Mesh Lawsuits Raise Questions About FDA's Medical Device Review Process" »

In Orange County Superior Court, the Mateel Environmental Justice Foundation has filed a lawsuit accusing Walt Disney Parks and Resorts U.S. Inc. of exposing kids to excessive levels of lead at Disneyland. The environmental group wants the amusement park to either put up health warnings or cover up the items and attractions that it believes contain too much lead.

Among the items at Disneyland the environmental group says has too much lead:

• Doorknobs and drinking fountains at popular attractions, such as the one at Minnie's house
• Brass rail chains
• Leaded glass windows, including the ones at the beauty salon in Cinderella's castle
• The handle of the sword in Sword in the Stone attraction

According to the Baltimore Sun, Mateel conducted wipe testing, which imitates what occurs when someone has physical contact with items that are tainted with lead. Test results showed that lead exposure on Mr. Toad's Wild Ride, the Haunted Mansion, and the Peter Pan ride was above .5 micrograms/day--state law mandates that anything over this amount must come with a warning.

Lead Poisoning
While the development of serious side effects from lead poisoning doesn't generally occur from having contact with too much lead just once, exposing kids to too much lead is never a good idea. Please contact our Anaheim personal injury law firm if you suspect that your son or daughter got sick or developed disabilities because of lead poisoning.

It wasn't until 1978 that lead in paint was banned for use in houses. Unfortunately, there are still homes that were made before then that may still be using paint containing too high levels of lead. Even if the paint has deteriorated to dust and chips, this still can seep into the air and cause health complications. That said, all property owners should make sure that kids and adults are not exposed to high levels of lead while on their premises.
Also, In recent years, the Consumer Product Safety Commission has had to recall millions of toys and kids' products because they contained too much lead. Many of these toys were made in China.

A child's body will more easily absorb lead into its gastrointestinal tract. Lead poisoning can cause permanent injury, as well as inattentiveness, irritability, and hyperactivity. Lead exposure can impact the brain, cause learning disabilities, hearing loss, delayed growth, permanent brain damage, and even death.

Attractions, other sites at Disneyland expose visitors to lead, group says, Baltimore Sun, October 18, 2011

Lead Danger at Disneyland, Watchdog Says, NBC, October 18, 2011

Lead, Centers for Disease Control and Prevention

Lead Poisoning: What It Is, How to Test, What to Do, WebMD

Consumer Product Safety Commission

More Blog Posts:
California Burn Injury Settlement Over Hot Nacho's at Disney's Magic Kingdom is Under Consideration, California Injury Lawyers Blog, July 28, 2011

Huntington Beach Premises Liability Claim Seeks $500K from City Over Hemet Boy's Burn Injuries from Fall Accident into Fire Pit, California Injury Law, August 18, 2011

Los Angeles Wrongful Death Lawsuit Filed Against Compton Unified School District by Parents of Boy Who Died in PE Class, California Injury Lawyers Blog, October 5, 2011

Continue reading "Disneyland Sued For Allegedly Exposing Visitors to Lead" »

A child custody dispute may have been the cause of a deadly shooting at a Seal Beach salon that claimed the lives of eight people and left a 73-year-old woman in critical condition. Now, the Orange County District Attorney's Office says it plans to pursue the death penalty in its criminal case against the suspect, Scott Evan Dekraai.

The deadly shooting occurred on Wednesday at the Salon Meritage, which is located on Pacific Coast Highway. Dekraai's ex-wife, Michelle Marie Fournier, was a hair stylist there. The two reportedly had gotten into a fight over the phone that morning. They also had just attended a hearing in family court the day before that didn't end in Dekraai's favor. Their son is 8.

Dekraai was wearing a bulletproof vest and used at least two of the three guns he had with him during his shooting rampage. Killed in the attack were Fournier, 48, Randy Lee Fannin, 61 and the owner of the salon, Lucia Bernice Kondas, 65, Victoria Ann Buzzo, 54, Christy Lynn Wilson, 27, Laura Lee Webb Elody, 46, David Caouette, 64, and Michele Fast, 47. Caouette was in his motor vehicle when he was shot. Surviving the attack but in critical condition is Hattie Stretz, 73, who is the mother of one of the victims that died.

Dekraai surrendered to police soon after the deadly incident. He has been charged with one felony count of attempted murder, eight counts of murder, and use of a weapon. The "special circumstances" of committing multiple murder charge will make it possible for the DA to push for the death penalty.

The Seal Beach salon shooting is concerned the worst mass killing to ever occur in Orange County, California.

Violent Crimes Can Result in Civil Suits
If you or someone you love was injured in a violent crime, you may have reason for pursuing a Seal Beach personal injury claim against the assailant and other parties. For example, if the crime occurred because another party that didn't commit the crime but could/should have prevented it from happening failed to act accordingly, the victim or surviving family members also may be able to hold him/her/the entity negligent.

This incident brings to mind a similar tragedy that occurred in North Carolina nursing home in 2009. The shooter had come to the assisted living facility to go after his estranged wife, who worked there. Eight people were killed. Some of the victims' surviving loved ones are pursuing wrongful death damages from the nursing home.

Wrongful death cases were recently filed in Florida against a couple whose son shot relatives and friends during Thanksgiving in 2009. Plaintiffs claim the couple knew their son was a danger to others yet invited him to the gathering.

As a community mourns, authorities file special-circumstance murder charges against suspect in Seal Beach mass killing, Orange County's worst, OC Register, October 14, 2011

Seal Beach shooting: Murder charges expected against suspect, Los Angeles Times, October 14, 2011

Related Web Resources:
Read tributes to Salon Meritage, Yelp

Death Penalty Information Center

More Blog Posts:
Los Angeles Wrongful Death Claim Blames Metro for Man's Fatal Stabbing, California Injury Lawyers Blog, October 13, 2011

Laguna Beach Personal Injury: Victim Sues Local Massage Clinic Over Alleged Attempted Rape, California Injury Lawyers Blog, June 21, 2011

Los Angeles Personal Injury Lawsuit Filed by Family of San Francisco Giants Fan Who Sustained Traumatic Brain Injury During Beating at Dodger Stadium, California Injury Lawyers Blog, May 24, 2011

Continue reading "Eight Dead in Seal Beach Salon Shooting " »

The mother of a man who died in August after he was stabbed while riding the Red Line has filed a Los Angeles wrongful death claim against the Metropolitan Transit Authority. Janie Garay, the mother of Jesse Garay, is alleging inadequate security, passenger car overload, and failure by Metro employees to follow appropriate procedures after the incident.

Jesse, 59, was stabbed on the evening of August 19. Witnesses say that a fight broke out in the crowded train after one passenger started wielding a chain at another, who pulled out a knife and stabbed him. The suspect then ran out of the train when it stopped at the Hollywood/Vine station. Garay died at the scene. A 33-year-old transient has been arrested in connection with the stabbing.

In her Los Angeles inadequate security claim, Janie Garay says that Metro did not properly monitor security cameras, had too many people riding in one train car, and did not employ proper emergency procedures after her son was stabbed. She is seeking damages for pain and suffering, loss of companionship, and funeral and burial expenses.

Inadequate Security
Property owners are responsible for making sure that their premises have sufficient security so that such incidents do not occur. This responsibility becomes especially obvious when crimes have been known to occur there or in the area in the past. When failure to provide this duty of care allows injury or death to occur, the premise owner can be held liable for Los Angeles personal injury or wrongful death.

Physical assault, stabbings, shootings, sexual assault, rape, and murder can happen because a property owner did not have the appropriate security measures in place. Depending on what type of premise it is, lack of an alarm system, surveillance cameras, sufficient lighting, security personnel, secured entrances and exits, and other measures can create an environment ripe for crimes to happen.

Public venues must also make sure that conditions aren't created on the grounds that can create an atmosphere where violent or property crimes are more likely to happen. For example, failure to implement crowd control can make it easy for robberies and stabbings to occur. It can also create an unsafe environment during an emergency situation or if a fight were to break out. If you believe that inadequate security caused your injuries or the death of a love done, you may have grounds for a Los Angeles premises liability claim or wrongful death case.

Filing a California injury claim against a city is often a precursor to a civil lawsuit. The injured party has, under California Government Code Section 910, within six months from the incident to file to the claim. The city is given time to respond to the claim and if the case isn't resolved then the claimant can go ahead and file a Los Angeles personal injury lawsuit.

Mother of Red Line Stabbing Victim Files Claim Against MTA, Studio City Patch, September 16, 2011

Mother files wrongful death claim from son's stabbing on Red Line, Los Angeles Times, September 16, 2011

Related Web Resources:
Metro

Inadequate Security, Justia

More Blog Posts:
Los Angeles Wrongful Death Lawsuit: Teen's Parents Sue Over Fatal Ecstasy Overdose at '10 Electric Daisy Carnival, California Injury Lawyers Blog, September 12, 2011

2008 Chatsworth Train Accident: Judge Divvies Up $200M to the 98 Metro Survivors and the Families of the 24 Passengers Who Died, California Injury Lawyers Blog, July 14, 2011

Los Angeles Wrongful Death Trial Underway in Case of Blind Man Who Fell Between Two Metro Blue Line Cars and Was Run Over by Train, California Injury Lawyers Blog, June 27, 2011

Catherine Sanchez has filed a Huntington Beach personal injury lawsuit over injuries she says that she sustained in an Orange County, California pedestrian accident last May. The 47-year-old woman says she suffered physical and emotional harm when she was hit by a car driven by a Huntington Beach cop. Sanchez claims the officer was talking on his cell phone and also speeding.

A police supervisor that arrived at the scene chose not to file an incident report. According to the police, on the day of the alleged Huntington Beach pedestrian accident Sanchez didn't tell them that she'd been struck by the police car and they believe that her son pulled her out of the way just in time. However, Sanchez disputes their account. She claims that the vehicle struck her on the left side of her body, which left her with bruises and in pain. She also contends that the officer allegedly involved in the accident reportedly stopped, yelled at her, and then drove off.

Now, Sanchez is seeking $500,000 in Huntington Beach personal injury damages.

If distracted driving played a role in causing the police officer to strike Sanchez, there is a good chance the city of Huntington Beach could be ordered to pay damages for the harm that she suffered. If the officer accidentally struck her with his vehicle and then left the scene without getting her medical help, that would also be an act of negligence and likely grounds for Huntington Beach personal injury compensation.

Distracted Driving
Texting, talking on a cell phone, watching a video, surfing the Internet, and sending emails can prove to be dangerous activities when done while operating a motor vehicle. In California, there is a ban on the use of handheld cell phones while driving. Texting while driving is also banned. That said, talking on a hands free set can also prove distracting enough to case an Orange County, California car crash. Distracted driving is dangerous and can be grounds for a Huntington Beach injury claim.

Over the last few years, there has been a greater effort by lawmakers and safety advocates to provide statistics while educating the masses about this dangerous driving habit. The facts and evidence supporting this continue to mount.

For example, according to a recent study that took place at Texas A&M University's Texas Transportation Institute, motorists that are texting whie driving take two times as long to react to traffic signals as those that aren't sending text messages.

Drivers were tested on an 11-mile course. They were told to stop when they saw a flashing yellow light. While the motorists who weren't texting took no more than a second to respond to a flashing light, those who were texting took three to four seconds. Drivers who were texting had an 11 times greater chance of not seeing the flashing signal.

Recent study shows reaction time doubled by distracted drivers, The Times Herald, October 9, 2011

Woman claims officer hit her with car, Huntington Beach Independent, September 28, 2011

Related Web Resources:
Distracted Driving, National Highway Traffic Safety Administration

Cell Phone and Texting Laws, Governors Highway Safety Association

More Blog Posts:
Huntington Beach Car Crash Lawsuit: Driver Rear-Ended in Accident That Killed Baby in Crosswalk Sues Distracted Driver, California Injury Lawyers Blog, September 29, 2011

Number of California Car Crashes Not Going Down Despite Handheld Cell Phone and Texting while Driving Bans, Says HLDI, California Injury Lawyers Blog, January 30, 2010

Los Angeles Car Accident: Lawsuit Blames the County, the City of Santa Clarita Over Woman's Wrongful Death While Watching July 4 Fireworks, California Injury Lawyers Blog, June 24, 2011

Christopher Trejo, 22, has been awarded $48.1 million in his Los Angeles dangerous drug lawsuit against Johnson & Johnson, Mcneil Consumer Healthcare, and McKesson Corp. Mcneil Consumer Healthcare, which makes Motrin, is a J & J subsidiary.

Trejo was 15 when he took Motrin to alleviate his fever and his pains from playing soccer in 2005. Not long after, the Westchester resident was diagnosed with Stevens-Johnson Syndrome and then later Toxic Epidermal Necrolysis. The illnesses left him with severe skin lesions, vision problems (he expects to be completely blind in the future) and damage to his internal organs. He also was hospitalized for days because he required treatment for his wounds, which appeared all over his body and have been likened to second-degree burns.

Trejo has lost his senses of taste and smell. He also says that his mucous membranes have also been impacted and that, as a result, his eyelids and mouth can become sealed. Trejo, who is a manager at McDonald's says that customers don't want him to serve them because they think he suffers from conjunctivitis.

In his Los Angles products liability complaint, filed in 2008, Trejo claimed design defect, negligence, and failure to warn about possible side effects. It wasn't until 2006 that Motrin added warnings of possible blisters, rashes, and red skin on its label.

The jury awarded Trejo $21.1 million for pain and suffering, $11.4 million for medical expenses and lost wages, and punitive damages: $8.79 million against Johnson & Johnson, and $6.8 million against McNeil.

Punitive Damages
Unlike compensatory damages, which are to compensate the plaintiff and make him/her whole, punitive damages are considered punishment for the defendant, as well as to discourage future bad conduct. Not every case that ends in favor of plaintiff will result in punitive damages.

In Trejo's Los Angeles dangerous drug lawsuit, his personal injury attorney had called for punitive damages, saying it would send a message to the defendants. The lawyer argued that J & J and McNeil waited to add warnings to the label for economic reasons, including "profit" and to "avoid the sales implications.' Trejo had said that if the warning of rashes, blister, and skin reddening had been on the Motrin label in 2005, he wouldn't have taken the medication.

The verdict in his California products liability case comes four months after another jury awarded the family of Brianna Maya $10 million for the burns and blindness she experienced after taking Children's Motrin in 2000. Brianna was 3 when she developed SJS and TEN.

$48M awarded to man in Motrin blood blisters case, SeattlePI, October 4, 2011

Motrin Lawsuit: Jury Awards Girl $10 Million for Burns and Blindness, ABC News, June 3, 2011

More Blog Posts:
Los Angeles Dangerous Drug Trial: Man Claims Motrin Caused Him to Develop Toxic Epidermal Necrolysis, California Injury Lawyers Blog, August 23, 2011

Food and Drug Administration Advisory Panel is Worried about the Number of Injuries Linked to Fosamax, California Injury Lawyers Blog, September 16, 2011

Are SSRI Antidepressants Dangerous Drugs?: Their Link to Birth Defects, California Injury Lawyers Blog, August 19, 2011

Continue reading "$48.1M Los Angeles Products Liability Verdict Awarded to Man That Took Motrin and Developed SJS and TEN" »

The parents of 12-year-old Juan A. Faire are suing the Compton Unified School District, PE teacher Craige Labistre, and doctors Nabil Khoury and Larry Nestor for his Los Angeles wrongful death. Faire died while attending PE class at Whaley Jr. High last year.

Juan suffered from hypertrophic cardiomyopathy. His parents say that the school knew he suffered from this condition yet failed to protect him by allowing him to be placed in situations that were dangerous to his health. For example, even with his heart condition, the School and Lebistre let Juan take part in PE and he went into cardiac arrest on September 27, 2010.

In their Los Angeles wrongful death complaint Faire's family blames the school district and its employees of failing to exercise reasonable care in teaching and monitoring Faire, including letting him take part in PE despite his health issues, not properly investigating and understanding hypertrophic cardiomyopathy, which can prove fatal when aggravated by strenuous activity, and not completing the necessary medical restriction/disability formalities. Per the Federal Rehabilitation Act, the School is supposed to take into account a child's disabilities when determining how to provide them with appropriate education.

Schools can be held liable for Los Angeles personal injury or wrongful death if their negligence allowed a child under their watch to get hurt, sick, or die. School employees are supposed to stay mindful of a child's health issues or special needs so that they don't place them in a situation that could endanger them.

Unfortunately, deaths resulting from physical activity because a student's health issue was exacerbated are not uncommon. This is even more reason for schools to exercise caution and closely monitor the activities that kids suffering from sickle cell, hypertrophic cardiomyopathy, or other serious conditions.

Hypertrophic Cardiomyopathy
Often, with HCM, one part of the heart is thicker than the other areas. The thickness of the heart muscle makes it more difficult for blood to circulate, which can force the heart to work harder. Younger people are more likely than adults to have a more serious form of HCM.

For many young people suffering from HCM, sudden collapse and possible death are sometimes the first signs of this condition. HCM is also a leading cause of young athlete deaths. Exercise can trigger symptoms of HCM.

Faire's family is also suing Dr. Khoury and Dr. Nestor for Los Angeles medical negligence. The plaintiffs believe that both physicians did not prescribe specific enough directions to both them and school on the proper care of Faire His loved ones say that Dr. Nestor should have fitted the boy with a pacemaker several months before when he fainted at school.

Compton Unified sued over boy's death in gym class, SF Gate/AP, October 4, 2011

Related Web Resources:
Hypertrophic Cardiomyopathy

Federal Rehabilitation Act, Americans with Disabilities Act

More Blog Posts:
Former US Olympic Gymnast Coach is Accused of Orange County, California Child Sex Abuse, California Injury Lawyers Blog, September 24, 2011

Los Angeles Wrongful Death Lawsuit: Teen's Parents Sue Over Fatal Ecstasy Overdose at '10 Electric Daisy Carnival, California Injury Lawyers Blog, September 12, 2011

Huntington Beach Premises Liability Claim Seeks $500K from City Over Hemet Boy's Burn Injuries from Fall Accident into Fire Pit, California Injury Lawyers Blog, August 18, 2011

George Leslie Pelonis, an Anaheim truck driver, has been sentenced to 9 months behind bars. Pelos pleaded guilty to four counts of misdemeanor vehicular manslaughter in the 2010 San Bernardino County tractor-trailer crash that killed a Redlands family of four.

The deadly San Bernardino County truck accident occurred on February 13, 2010 on the I-15S close to Jurupa Avenue. Vehicles were stop-and-go and traveling at speeds between 10 and 30 mph when Pelonis, whose truck was moving at over 40 mph, hit an SUV transporting Ryan Villalpondo, his wife Veronica, baby Bella Rose, and 4-year-old Matteo. Both vehicles then burst into flames.

While Pelonis escaped injury, the Villalpondo family, whose vehicle ended up pinned between two semi-trucks, was pronounced dead at the San Bernardino County truck accident site.

Tractor-Trailer Accidents
A tractor-trailer transporting weighing and carrying tens of thousands of pounds can prove deadly in a crash. Most vehicles don't stand a chance of resisting the force of impact. This is why truckers must exercise great care when on the road and refrain from speeding, talking on a cell phone, texting, not paying attention to the road, or ignoring traffic conditions.

Other common causes of California tractor-trailer accidents:

• Trucker fatigue
• Mechanical failure
• Poor weather or road conditions
• Improper cargo storage
• Drunk driving

Many trucking companies have teams already in place to protect themselves from liability, which is why you will likely want to work with a San Bernardino County truck accident law firm that is on your side. With California semi-truck crash cases, there may be more than one party who should be held liable, such as the trucker, the trucking company, the company that leased the truck, the manufacturer of a defective truck part, and/or the party in charge of properly maintaining the truck.

There is a lot to be done to prove liability in a San Bernardino County truck accident. Truck logs and truck maintenance records will likely need to be looked at, as well as the trucker's on driving history. Accident evidence will have to be documented and witnesses will need to be interviewed.

Sometimes, a trucking company may immediately send someone to the scene in an attempt to get you settle your potential claim immediately. This is never a good idea. The minute you settle you give up your right to file a California truck lawsuit in the future. This could prove detrimental if you later find out that your injuries are much more serious than you thought.

Traumatic brain injury, spinal cord injuries, and other serious injuries may require that you take time off work or stop working altogether. In addition to medical bills, there may be rehab expenses and long-term care costs. If you've lost someone in a San Bernardino County truck crash, you still want to wait until you consult with an injury attorney first to make sure that you receive everything that you are owed for your loss.

Anaheim trucker sentenced for crash that killed 4, OC Register, October 13, 2011

Moreno Valley coach and family die in crash, ABC7, February 14, 2010

Truck Accidents, Nolo

Federal Motor Carrier Safety Administration

More Blog Posts:
$12.2M California Truck Accident Verdict Awarded to Victim Who Sustained Traumatic Brain Injury After Being Hit By a Trailer Wheel, California Injury Lawyers Blog, September 9, 2011

$6M Riverside County Truck Accident Settlement Reached in 2007 DUI Case, California Injury Lawyers Blog, May 27, 2011

Trucker Charged with Murder in 2009 La Cañada Flintridge Truck Accident Files Los Angeles County Personal Injury Over Angeles Crest's Allegedly Unsafe Road Conditions, California Injury Lawyers Blog, March 31, 2011

Continue reading "Anaheim Trucker is Sentenced in 2010 San Bernardino County Truck Accident that Killed Family of Four" »