California Injury Lawyers Blog

The family of Sgt. Manual Loggins, Jr. is expected to file an Orange County, California wrongful death claim, which will likely include allegations of civil rights violations, shortly. This type of claim is generally a precursor to a lawsuit.

Loggins, Jr., a Camp Pendleton marine, was shot by Orange County Sheriff's Department Deputy Darren Sandberg in a San Clemente High School parking lot on February 7. At the time, Loggins was in the driver's seat of his SUV. His two daughters were in the car, too.

Sheriff's department officials claim that the 31-year-old marine drive through a high school gate, exited his vehicle, made a number of statements that were irrational, and disregarded deputies' orders as he reentered his vehicle. Although the department initially said that Sandberg shot Loggins because he feared for his life, it later said that the veteran deputy fired his weapon because he feared for the girls' safety. The Sheriff's department hasn't given out specifics as to what Loggins allegedly said prior to being shot or what made Sandberg afraid for the kids.

At the time of the shooting, Loggins was unarmed. The family's Los Angeles, California wrongful death lawyer says that the shooting was unjustified.

Friends said Loggins frequently took his family to the school so they could go on prayer walks. An investigation into the shooting is currently underway. However, following the deadly incident, the Association of Orange County Deputy Sheriffs stood by Sandberg and the other deputies who were at the shooting scene. Col. Nick Marino, who is Camp Pendleton's commanding officer, has expressed dismay over the way civil authorities have responded to the tragic incident. Loggins leaves behind his two daughters, a toddler, and his pregnant wife.

"Unjustified police shootings have no place in law enforcement," said Anaheim Police Brutality Attorney Vincent Howard. "It is unfortunate when such incidents happen for the consequences can be tragic."

Fortunately, even if law enforcement officials find that that no wrongdoing occurred on the part of any officers involved, victims and their families may still be able to pursue Orange County, California civil cases via the courts. "People don't realize that their civil rights have been violated when they are subject to excessive use of police force," said Anaheim Personal Injury Attorney Vincent Howard. "It is important that you not hold back from reporting the incident and speak to an Orange County, California injury law firm right away to find out about your legal options.

Even when apprehending someone, law enforcement officers must be careful to never use more force than warranted.

Lawsuit planned in deputy-involved shooting of Marine, OC Register, March 2, 2012

New Details Released in Marine's Death, NBC San Diego, February 14, 2012

More Blog Posts:
11 Cops Fire Over 60 Shots As Los Angeles Police Pursuit Through Koreatown Turns Deadly, California Injury Lawyers Blog, February 24, 2012

Woman in Bar Brawl Files Orange County, California Excessive Use of Force Lawsuit Against Huntington Beach, California Injury Lawyers Blog, February 16, 2012

Another Two Inmates Sentenced for Fatally Beating Inmate at an Orange County, California Jail, California Injury Lawyers Blog, January 27, 2012

Continue reading "Orange County, California Wrongful Death Lawsuit Likely in Sheriff's Deputy Shooting of Camp Pendleton Marine" »

Dr. Hsiu-Ying "Lisa" Tseng has been charged with second-degree murder in the Los Angeles County overdose death of three patients. The Rowland Heights physician allegedly prescribed certain powerful drugs to patients even though they didn't need the medications. (Tseng is also charged with 20 counts of prescribing meds to people despite a lack of medical need.)

The Drug Enforcement Administration has been investigating Tseng for some time now. In 2010, authorities raided her office because they suspected she might be illegally selling prescription drugs to patients and that this practice may have resulted in at least one suicide and eight overdose deaths. The medications in those deaths had either been directly prescribed by Tseng or came through a dealer from her

At the time, the general osteopath denied any wrongdoing and she wasn't charged with any crime. However, the DEA did take away her ability to prescribe medications that were addictive, contending that Tseng had written more than 27,000 prescriptions in three year and, in many instances, had failed to conduct examinations. Now, the Osteopathic Medical Board of California is taking action to take away her license.

"Doctors must exercise care that they don't overprescribe, under prescribe, or prescribe the wrong medication to a patient," said Howard Law, PC Partner and Los Angeles Medical Malpractice Attorney Vincent Howard. "Whether the prescription-related medical negligence was accidental or an intentional way to make a profit, the medical professional should be held liable."

Unfortunately, there are doctors that their position of authority by prescribing drugs that they shouldn't be giving to patients. Just recently, the California Medical Board recently disciplined Fullerton doctor Jeffrey Dell for allegedly improperly prescribing a "dangerous" drug to a patient with whom he was sexually involved.

Dell is accused of sexual misconduct with someone that he first had sex with two months after he prescribed the drug Xanax for her. At the time, she was going through the dissolution of her marriage. According to legal documents from the board, Dell continued to prescribe "controlled substances" and "dangerous drugs" to her and lied when she submitted a written complaint about him by claiming that he'd never engaged "non-professional physical contact with her."

If you believe that medical misconduct or mistakes by your physician, nurse, or other medical professional caused you to sustain serious Los Angeles County injury or a loved one's death, you may have grounds for a civil lawsuit. Due to the nature of the work that they do, medical personnel will often have intimate access to a patient's body or mind, and it is their responsibility to provide a certain level of care and refrain from abusing that access and/or profiting from it.

"Our personal injury law firm is experienced in proving medical negligence and holding negligent parties liable via settlement or through the courts," said Los Angeles Medical Malpractice Attorney Vincent Howard.

Doctor charged in fatal prescription overdoses, Los Angeles Times, March 1, 2012

Doctor disciplined after accusations of sex with patient, Orange County Register, February 29, 2012

More Blog Posts:
Los Angeles Plastic Surgery Malpractice: Woman Sues Santa Ana Doctor For Botched Breast Implants, California Injury Lawyers Blog, January 20, 2012

Doctor Accused of Irvine, California Medical Negligence for Overprescribing Medicine Loses His License, California Injury Lawyers Blog, January 12, 2012

Fullerton and Mission Viejo Hospitals Fined For Morphine Overdose and Surgical Error, California Injury Lawyers Blog, December 9, 2011

Continue reading "Rowland Heights Doctor Accused of Los Angeles Medical Negligence and Murder" »

19-year-old Francisco Jesus Ochoa has been sentenced to a year in jail for the Lake Elsinore car accident death of his friend, Margarita Gutierrez. The catastrophic Riverside County traffic crash happened on November 18, 2011 when Ochoa lost control of the Ford pickup they were riding and drove into a tree.

Gutierrez was pronounced dead at the crash site. Ochoa, who broke his leg in the collision, would go on to plead guilty to possession of a controlled substance, vehicular manslaughter with gross negligence, one misdemeanor count of driving without a valid license, and not maintaining liability insurance.

While any driver of any age can behave negligently, the state of California has been conscientious about placing restrictions on new teenage drivers with the understanding that this demographic tends to lack the experience and maturity that their more seasoned, adult counterparts have when it comes to safe operation of a vehicle. However, according to a nationwide analysis of accident data, although the restrictions have caused a decline in the number of deadly motor vehicle crashes among teens in the 16- to 17- year age range, the number of fatal collisions involving teens in the 18- to 19- year age range has gone up by a nearly equivalent amount.

For example, in California, teens are given a provisional license after they pass a driving test. The license bars them from driving between 11pm and 5am. They also aren't allowed to transport any passenger younger than age 20 unless there is an adult 25-year-old or older in the vehicle. The teen is eligible to get a full license if he/she completes the provisional period without probation or suspension orders.

However, after examining over 131,000 US traffic deaths involving teen motorists that took place between 1986 and 2007, researchers are now saying while the younger teen driver category has experienced a 26% lowering in their fatality crash rate in states where driving restrictions are imposed, the fatality crash rate of 18-year-old drivers went up 12%.

Experts are not sure why this is happening. One theory is that some teens may be waiting until they are 18 to get a driver's license so they don't have to deal with restrictions. In California, for instance, the fatality rate involving 16-year-olds who have a driver's license when down from 23% in 1997 to 14% in 2007, which means some of the older teen drivers are likely beginner drivers.

"Unfortunately, whether you are a beginner driver or an experienced driver, the consequences are the same if you are involved in a deadly Riverside County, California car crash in that injuries or deaths may result," said Lake Elsinore Personal Injury Attorney Vincent Howard.

If you or someone you love was injured in a Riverside County, California traffic accident that you believe was caused by a negligent motorist, contact Howard Law, PC immediately. "Injuries sustained in a car crash can take a toll on the victim and loved ones. Suing for Riverside County personal injury or wrongful death can't make up for the harm you have suffered or the death of a family member but it can help to make you financially whole while allowing you to hold the responsible party accountable," said Lake Elsinore Car Accident Attorney Vincent Howard.

Teen driver gets year in jail for killing friend, Los Angeles Register, February 27, 2012

Teen driver restrictions a mixed bag, Los Angeles Times, September 13, 2012

More Blog Posts:
Deadly Orange County, California Collisions in Irvine, Fountain Valley, and Dana Point Mar Valentine's Day, California Injury Lawyers Blog, February 14, 2012

Ladera Ranch Family Settles Orange County, California Personal Injury Lawsuit with CHP Over Daughter's Car Accident Photos that Went Viral Online, California Injury Lawyers Blog, January 29, 2012

Lindsay Lohan Sued for Los Angeles Personal Injury by Pedestrian, California Injury Lawyers Blog, January 25, 2012

Continue reading "Unlicensed Lake Elsinore Teen Driver Sentenced in Riverside County Car Accident Death of Friend" »

Even as the number of drunk driving deaths in California has gone down, the California Office of Traffic Safety is reporting that of the drivers that were killed in car crashes in 2010, 30% of them tested positive or illegal or legal drugs. These figures may be lower than what is actual, considering that many drug impaired driving incidents go undetected or unreported.

The reason for why the number of drugged driving deaths has gone up is not known. However, Chris Cochran, a state traffic safety official, told the Los Angeles Times that the rise in the use of and impairment from prescription drugs could be factors. The California Highway Patrol and the Office of Traffic Safety are joining forces to provide training on how law enforcement officers can better detect drugged drivers to stop them.

"Drugged driving can be incredibly dangerous," said Howard Law, PC founder and Anaheim Car Accident Attorney Vincent Howard. "Even if a driver was prescribed a drug by a physician and is taking it for medical or health reasons, he/she is still responsible for not getting on the road if the medication impairs one's ability to drive safely."

Then, of course, there are the motorists who use drugs recreationally and then decide to get behind the wheel of a vehicle. Not only is it illegal to take narcotics, but also the user imperils the life of those around when driving a car.

Drugged Driving
Certain drugs, both prescribed and otherwise, can impair one's judgment, motor skills, and reaction time. Yet according to the National Highway Traffic Safety Administration, more than 16% of nighttime, weekend motorists that took part in a 2007 National Roadside Survey tested positive for prescription, illegal, and over-the-counter medications. Over 11% tested positive for illegal drugs.

In 2009, the NHTSA found that 18% of drivers that died tested positive for at least one drug. That year, about 10.5 million people (age 12 and above) admitted to drugged driving from use of an illicit substance the year before.

"Granted, the government and safety official are lacking in their efforts to educate people about the dangers of drugged driving, but that doesn't mean that an Orange County, California car crash victim cannot pursue personal injury or wrongful death damages from a negligent driver," said Anaheim Injury Attorney Vincent Howard.

One of the challenges of determining whether someone is impaired by drugs is that there is no easy test to find out if someone is high on marijuana or affected by medication. However, the consequences of drugged driving cannot be denied, as the motorist potentially becomes menace to himself and others.

What Is Drugged Driving?, National Institute on Drug Abuse, December 2010

Drugged -- not drunk -- driving steadily rising in California, Los Angeles Times, February 28, 2012

More Blog Posts:
Ladera Ranch Family Settles Orange County, California Personal Injury Lawsuit with CHP Over Daughter's Car Accident Photos that Went Viral Online, California Injury Lawyers Blog, January 29, 2012

Lindsay Lohan Sued for Los Angeles Personal Injury by Pedestrian, California Injury Lawyers Blog, January 25, 2012

Irvine Woman Sentenced in Deadly Orange County, California Car Accident, California Injury Lawyers Blog, January 7, 2012

Continue reading "Number of California Drugged Driver Deaths is Rising" »

The family of 73-year-old Kenneth Chin is suing Medsam Enterprises for his California wrongful death. Chin, who suffered from dementia, died of hypothermia after he went missing for 10 days.

His loved ones contend that the driver of a medical shuttle bus left him at the wrong stop. According to the family's California wrongful death lawyer, the bus operator was a substitute driver and it was his first day navigating this route. They also claim he didn't speak English very well, which resulted in numerous failures, including his allegedly not telling the family about Chin in a timely manner. Chin's relatives are also seeking damages for California elder abuse.

"Dementia is a serious problem. Those charged with the supervision of someone suffering from this type of mental illness must know how to take proper care so that serious injury or death doesn't result," said Orange County, California elder abuse lawyer Vincent Howard.

A New York Times article in 2009 noted that although dementia is considered a mental disease, it also is a physical illness that is terminal, as it plagues the brain and ultimately causes the body to fail. That said, the cognitive effects of dementia can place a patient suffering from this illness at risk of wandering, which may prove fatal.

A dementia patient who goes off unsupervised may not know who or where he/she is. The patient might not remember that crossing the street is dangerous. Patients who wander can end up far from the safety of their residence or nursing home, placing them at risk of becoming the victim of a sexual assault, a violent crime, or an Orange County, California fall accident causing traumatic brain injury or broken bones. Hypothermia from the body temperature dropping too low, dehydration, starvation, and hyperthermia can also prove dangerous for a person already suffering from serious dementia-related complications.

Often, Orange County, California personal injury claims involving dementia are directed at nursing homes that failed to properly supervise or take care of a patient. "Unfortunately, Anaheim elder neglect is a serious problem and it is the patients that end up suffering," said Orange County, California wrongful death lawyer Vincent Howard. However, as shown in the case of Chin, sometimes the party accused of negligence can be someone else other than an elder care facility.

As a family member of someone suffering from dementia it is important that you make sure that the party tasked with caring for your relative is familiar with the challenges that can come with this responsibility so that the appropriate and necessary services are provide. That said, even with one's best efforts to choose the right caregivers, transportation providers, and others, negligence may still result.

Family files lawsuit over dementia patient's death, ABC Local, February 8, 2012

Elderly At-Risk Man Missing Since Thursday, Last Seen In Richmond District, SF Appeal, February 26, 2012

More Blog Posts:
Orange County, California Nursing Home Negligence?: Newport Beach and Yorba Linda Facilities Fined Over Patient Deaths, California Injury Lawyers Blog, December 20, 2011

California Nursing Home Fall Leads to $75K Fine by State, California Injury Lawyers Blog, October 31, 2011

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

Continue reading "Dementia Patient's Family Files California Wrongful Death Lawsuit Against Medical Shuttle Bus Company" »

Did Los Angeles police officers use excessive force when apprehending a suspect after a slow-speed police chase in Koreatown turned deadly yesterday? The family of this man will very likely want to know.

The fatal shooting happened on Thursday after LAPD officers chased a man accused of stealing two cars, one in San Bernardino and the other in El Sereno, California When the suspect later pulled into a Koreatown parking lot, 11 officers started shooting at him, collectively putting out over 60 shots. They say he was armed.

According to authorities, the man had pointed his weapon at gas station customers. However, even if this is true, what may come into question is whether the police officers used too much force to bring him down. If this proves to be the case, his family could have grounds for a Los Angeles wrongful death case.

"While police officers may have to use force when apprehending a suspect, they must never use more force than necessary--even in the heat of the moment," said Howard Law, PC Partner and Los Angeles police brutality attorney Vincent Howard.

The LAPD, the Police Commission's inspector general, and the district attorney's officer shooting team, will be investigating how force was used in this instance. Such probes are routine and take place anytime an officer is involved in the shooting.

However, it will be important to determine whether anyone was in danger to warrant that the officers shoot the man down. Another matter to look into is whether it was necessary for so many officers to fire at him so many times. Would even just one or two bullets from one or two officers have disarmed the suspect so he no longer posed a threat to others or himself? Could police officers have apprehended him without killing him?

"Even if the authorities don't believe that excessive use of force was involved, you still may be able to pursue Los Angeles injury damages against the police," said Los Angeles excessive use of force lawyer Vincent Howard. "A civil case is separate from any criminal proceedings and the outcome of one doesn't affect the other."

Even if the use of excessive force was accidental or brought about due to the urgency or the heat of the moment, this is not a good enough excuse for someone to get hurt. It doesn't matter whether the person is a murderer, a carjacker, or someone accused of committing any crime. Every person has civil rights that must be respected and this includes protection from too much force (the abuse of force) by police.

11 officers fired guns in Koreatown shooting death, sources say, Los Angeles Times, February 24, 2012

Armed carjacking suspect fatally shot by police in Hollywood's Koreatown, Fox News/AP, February 24, 2012

More Blog Posts:
Woman in Bar Brawl Files Orange County, California Excessive Use of Force Lawsuit Against Huntington Beach, California Injury Lawyer Blog, February 16, 2012

California Excessive Use of Force?: Angry Protestors Cry Foul Over Police's Use of Pepper Spray in UC Davis Occupy Wall Street Demonstration, California Injury Lawyer Blog, November 22, 2011

Pomona Wrongful Death Claim Seeks Damages Police Brutality Damages, California Injury Lawyer Blog, October 31, 2011

Continue reading "11 Cops Fire Over 60 Shots As Los Angeles Police Pursuit Through Koreatown Turns Deadly " »

According to the parents of Drew Ferraro, the 15-year-old was the target of bullying by classmates in the months leading up to his death. The Crescenta Valley High School sophomore killed himself earlier this month by jumping from a school building in front of other students.

Although police initially had stated that bullying didn't appear to be a factor, Ferraro's mom, Deanna Ferraro, is now saying that her son's journal chronicles incidents of name calling, punches to his back, pushes down the hall, and the pulling of his backpack. If this prove to be true, her family may have grounds for pursuing a Los Angeles wrongful death case.

Bullying
Bullying in schools appears to have escalated to something more dangerous than child's play--or perhaps it was always this way but it's only now that we are seeing the ramifications that can result. One need only refer back to the case of Phoebe Prince, who killed herself after months of being bullied by classmates in-person and online. The 15-year-old hanged herself in 2010. Her younger sister found her body. Prince's parents later settled their wrongful death lawsuit with the school district for $225,000.

As our Los Angeles personal injury law firm has reported in the past, schools can be held liable for failing to protect kids from injury or death in situations/accidents that could/should have been prevented. "Bullying can cause psychological, emotional, and physical injury," said Howard Law PC Partner and Los Angeles child injury lawyer Vincent Howard. "Verbal, virtual, and physical bullying can make a child's life a living hell. No one should have to exist under those circumstances." Schools should make sure to create an environment that has no tolerance for bullying or any other type of classmate abuse.

Bullying can lead to physical injuries, emotional trauma, psychological damage, low self-esteem, depression, a decline in school performance, and suicide. Bullying can range from name-calling--this is still abuse--to harassment, getting ganged up on, assault, and even death. Cyber bullying has also become a way to harass a fellow student in this Internet age. Texting mean or rude messages to a target, spreading rumors via text and e-mail or on Facebook, setting up Web sites or posting video that embarrass or make fun of someone are other ways that bullying can now occur.

"If your child suffered harm because he/she was bullied, you should speak with a Los Angeles County personal injury law firm right away to find out whether you have a case," said LA injuries to a minor lawyer Vincent Howard.

Student who jumped off high school roof was bullied, parents say, Los Angeles Times, February 22, 2012

Officials Say 15-Year-Old Boy's Deadly Fall a Suicide, KTLA, February 11, 2012

Phoebe Prince's Parents Settled School District Lawsuit for $225,000, ABC News, December 28, 2011

More Blog Posts:
California Sex Abuse Lawsuit Seeks Damages Against Boy Scouts of America, California Injury Lawyers Blog, February 21, 2012

Ladera Ranch Family Settles Orange County, California Personal Injury Lawsuit with CHP Over Daughter's Car Accident Photos that Went Viral Online, California Injury Lawyers Blog, January 29, 2012

Dangerous Drug Lawsuit Seeks Blames Children's Tylenol for Toddler's Death, California Injury Lawyers Blog, January 6, 2012

Continue reading "Los Angeles County High School Student Who Committed Suicide by Jumping From Building Was Bullied, Say Parents" »

The family of a boy who was sexually abused by a troop leader in 2007 is suing the Boy Scouts of America for California personal injury. The plaintiffs claim that the Scouts either knew or should have known that troop leader Al Steven Stein was a danger to the him.

The child's mother contends that not only did the sexual abuse happen, but also when she brought up her concerns with the organization, a local Scouts executive told her not to call the police because they would conduct their own internal probe. She went ahead and contacted the sheriff.

Eventually, Stein was charged with abusing her son and two other boys. He pleaded no contest to felony child endangerment in 2009. Although initially sentenced to probation he was later sent to prison after police found photos of nude kids on his cell phone data card.

The boy, now 17, reportedly remains traumatized by the California sexual assault. His family contends that Stein, who weighed 450 pounds to his approximately 90 pounds at the time, pinned him, pulled down his pants, and fondled his genitals. His mother says that the teenager hardly ever leaves his home still. She also says that he was affected when other Scouts' families accused him of lying about having been sexually abused.

The boy's family is not only seeking unspecified damages, but also their complaint is seeking to compel the Scouts to turn over thousands of confidential documents with details about other sexual abuse allegations made against other Scout leaders in the US. They believe that the organization is littered with "pedophilic wolves." Last month, a Superior Court ordered the Scouts to turn over 20 years worth of records to the plaintiffs' attorneys.

The boy's family is not the first to accuse a Scouts troop leader of sexual abuse. Numerous former Scouts have stepped forward blaming the youth organization for not keeping known pedophiles out and failing to detect sexual abuse and notify police. For example, the plaintiffs in this latest cause said that Stein was known for acting inappropriately toward Scouts' boys. In addition to making inappropriate comments, he allegedly pulled down his pants during certain interactions.

"Organizations responsible for supervising children must make sure that pedophiles and other abusers are not allowed to fill positions that give them access and/or authority to these kids, said Anaheim child sex abuse lawyer Vincent Howard of Howard Law, PC.

Over the last several years, it has become apparent that sexual abuse is an epidemic and often found in churches, schools, and other organizations that have been entrusted by parents with their children's care, supervision, growth, and/or spirituality. While the trauma of what happened to these child sex abuse victims can't be erased, the responsible parties can hopefully be held liable in civil court.

"Even if you were sexually abused as a child and you are now an adult, you still may be able to recover damages," said Anaheim personal injury attorney Vincent Howard. "Don't give up hope unless you've spoken to an experienced Orange County, California child sex abuse law firm about what happened to you, your son, or your daughter.

Although it is unfortunate that so many children around the world have suffered because they were molested, sexually assaulted, or raped by an adult, it is good that this problem is now out in the open. Hopefully this will compel schools, religious organizations, and other groups to be more vigilant about who they hire and take allegations of abuse seriously.

Boy Scouts sued in sexual abuse case, Los Angeles Times, February 19, 2012

Judge orders Boy Scouts to turn over confidential files in Calif. sex abuse case, CBS News, February 20, 2012

More Blog Posts:
Another Miramonte Elementary School Arrested for Alleged Los Angeles Sexual Abuse, California Injury Lawyers Blog, February 6, 2012

Los Angeles Child Abuse: Miramonte Elementary School Teacher Charged with Lewd Acts on 23 Kids, California Injury Lawyers Blog, January 31, 2012

California Supreme Court Considers Whether to Allow Adult Victims of Child Sex Abuse to Sue Third Parties that Knew But Failed to Act, California Injury Lawyers Blog, January 5, 2012

Continue reading "California Sex Abuse Lawsuit Seeks Damages Against Boy Scouts of America" »

In a story making national headlines, a jury has awarded a woman a $20 million personal injury verdict after she was raped in her apartment unit. The sexual assault took place in February 2009. In her premises liability lawsuit, she sued PCM Barker Cypress LLC dba The Promenade Cullen Park for negligence claiming the apartment manager had failed to tell residents that a similar crime had previously occurred on the premise.

"Property owners are responsible for making sure that their premises are safe for residents, visitors, and patrons," said Howard Law PC Partner and Anaheim personal injury lawyer Vincent Howard. "They also are required to give notice if crimes have happened or are happening on the grounds or in the surrounding area."

According to the woman's injury complaint, a masked man was waiting for her inside her second-floor unit--just two weeks after a break-in had happened in the apartment next to hers. In that previous incident, the intruder tried to rape the neighbor. In both instances entry into the apartments was gained through climbing onto the balcony and breaking in through the balcony door. The plaintiff contends that PCM knew about the first incident but failed to warn residents--especially female ones--about this danger. Her premises liability lawyer says that while the apartment complex put out a notice saying that a break-in had happened, it did not mention the attempted rape.

The jury awarded the woman $8 million for future mental anguish, $7 million for mental anguish and physical pain, as well as $8 million because the apartment company violated the Texas Deceptive Trade Practices Act.

"While obtaining compensation for the harm you suffered cannot erase your pain of what happened to you, it can provide you with some financial relief and let you hold any negligent parties liable," said Anaheim premises liability lawyer Vincent Howard.

Other steps that apartment complexes can take to decrease the chances of violent crimes happening on the grounds or in the units include:

• Security entrances
• Fencing off the complex
• Locks on main entrances or exits
• Secured entry
• Adequate lighting
• Surveillance cameras

Rape is a violent crime and one that can leave the victim with lasting damage. In addition to physical injuries, there is the mental emotional anguish and trauma that can result. A rape victim may suffer from posttraumatic stress, depression, and other emotional issues that can permanently affect him/her. You may be able to sue your assailant, the owner of the property where the sexual assault happened, and other negligent parties for the harm that you suffered.

Jury awards $20 million to rape victim who sued apartments, Chron.com, February 15, 2012

$20 Million Award in Rape Case, Courthouse News Service, February 17, 2012

More Blog Posts:
Woman Files $75K Huntington Beach Trip and Fall Accident Claim Over Injuries Caused on Raised Sidewalk, California Injury Lawyers Blog, January 30, 2012

Cal State Long Beach Employee Dies in Los Angeles, California Elevator Accident, California Injury Lawyers Blog, December 8, 2011

Los Angeles Injury Accident: 20 Injured at Wal-Mart Black Friday Sale After Woman Pepper Sprays Other Shoppers, California Injury Lawyers Blog, November 28, 2011

Continue reading "$20M Premises Liability Verdict Awarded to Woman Who Was Raped in Her Apartment " »

A woman who was involved in a bar brawl last March is suing the city of Huntington Beach for Orange County, California personal injury. Marcia Moses says she suffered emotional and physical scars when police used excessive force to break up the dispute and falsely arrested her.

Moses was outside a Main Street bar on March 26, 2011 just after 2am when she and another woman got into a pushing match. A friend of Moses joined in and hit the other woman's face.

Moses says she got hurt when police, who were called to the scene and tried to arrest her male friend, pushed her and she fell after stumbling in her heels. She says that when she got up, a cop shoved her and she fell unconscious.

In her Huntington Beach personal injury complaint, Moses says she sustained a concussion, a broken wrist, and posttraumatic syndrome from the incident. She also contends that the excessive use of force by police caused her anxiety, humiliation, and nightmares.

Moses is also suing both the cop she claims battered her and Huntington Beach police Chief Kenneth Small. She blames Small for not properly training the police officers. She claims that he failed to reprimand them after they used too much force when dealing with her.

"Police officers must never use more force than necessary when doing their job," said Howard Law, PC and Huntington Beach Personal Injury Attorney Vincent Howard.

Unfortunately, many people don't realize that their rights may have been violated because a cop or another law enforcement officer used unwarranted force when questioning, apprehending, or arresting them. "In some cases, it is a matter of unintended use of excessive force during the heat of the moment. In other instances, it is a matter of abuse of power known as police brutality. Regardless, both are unacceptable," said Orange County, California Injury Lawyer Vincent Howard.

Examples of excessive use of force or police violence include verbal abuse, making threats, blackmail, sexual abuse, sexual assault, physical force, and use of a gun or a Taser or baton on someone who is unarmed and poses no threat whatsoever. Even if the police department or the city, county, or state doesn't agree that you've been the victim of excessive use of force, you still may be able to recover Orange County, California injury damages.

Woman in bar fight sues Huntington Beach, The OC Register, February 16, 2012

Woman Tossed by Cop and Boy Who Fell Into Beach Fire Pit File Claims Against Huntington, OC Weekly, August 18, 2011

More Blog Posts:
Another Two Inmates Sentenced for Fatally Beating Inmate at an Orange County, California Jail, California Injury Lawyers Blog, January 27, 2012

California Excessive Use of Force?: Angry Protestors Cry Foul Over Police's Use of Pepper Spray in UC Davis Occupy Wall Street Demonstration, California Injury Lawyers Blog, November 22, 2011

Pomona Wrongful Death Claim Seeks Damages Police Brutality Damages, California Injury Lawyers Blog, October 31, 2011

Continue reading "Woman in Bar Brawl Files Orange County, California Excessive Use of Force Lawsuit Against Huntington Beach " »

According to studies from researchers in Canada, contaminated chicken may be the source of E. coli bacteria that is causing some people to develop urinary tract infections. The findings were published this week in the March issue of Emerging Infectious Diseases. The scientists involved in the study tested more than three hundred samples of chicken, pork, and beef. Their findings showed that bacteria in chicken were more likely to be genetically related to human UTI bacteria than the bacteria from pork and beef. In fact, they said that up to 85% of urinary tract infections are a result of E.coli.

If you believe that you fell ill or developed an infection from eating contaminated food, you may have grounds for an Anaheim products liability case. Food manufacturers, distributors, sellers, and preparers can be held liable for Orange County, California personal injury if they served, delivered, or sold a contaminated or spoiled food item that caused illness or injury.

The lead scientist in the study, McGill University's Amy R. Manges, said that proper preparation, handling, and cooking of poultry can decrease the risk of E. coli infection. However, the research also found that infections more than likely came from the actual chickens and not from contamination from humans when the poultry was processed. The study's authors are recommending that chicken farms take better measures to stop bacterial contamination.

"The entities and persons responsible for packaging, cleaning, and preparing your food--even if just for sale--must make sure they do everything possible to keep the product safe for consumption and free from any contamination that could cause a consumer to fall ill," said Anaheim personal injury lawyer Vincent Howard. "At Howard Law, PC, we represent clients with product defect claims."

Manges expressed concern over the improper use of antimicrobials related to food animal production. She suggested that more judicious use could lower the level of drug-resistant infection in humans. The FDA has been advising that antibiotics not be overused in livestock because this can cause resistant bacteria strains.

Urinary Tract Infection
A UTI impacts the urinary tract, which is the area of the body where the bladder, kidneys, urethra, and ureters are located. Symptoms can include burning or painful sensation when urinating, the urgent need to urinate often, urine turning cloudy or bloody in appearance, pressure or pain in the a woman's pubic bone or a man's rectum, and only being able to urinate a little even when the urge to go is strong. UTI-related complications may include kidney stones, an enlarged prostate, infection, and urethral strictures. For infants and newborns, a UTI can lead to jaundice, hypothermia, and diarrhea. Elderly persons that develop UTI may have very few symptoms until they are suddenly confused, lethargic, or weak.

"Bacterial infections caused by food contamination can result in costly medical expenses, pain and suffering, and time taken off work. In some cases, food contamination may even result in death," said Orange County, California food injury attorney Vincent Howard.

Urinary tract infections linked to contaminated chicken, Los Angeles Times, February 15, 2012

UTI, Medicine.net

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Continue reading "Orange County, California Products Liability?: Contaminated Chicken Linked to Urinary Tract Infections" »

A number of deadly collisions in Orange County, California have resulted in serious injuries and deaths on this Valentine's Day. In a Dana Point traffic crash, three Marines from Camp Pendleton lost their lives when the vehicle that they were riding drove into a tree at around 2:05am this morning. A fourth Marine, who was driving the vehicle, is alive but in critical condition. According to the Orange County Sheriff's Department, it appears that the driver may have been going at high speeds and then lost control of the car.

In an Irvine bicycle accident this morning at around 8am, a 28-year-old bicyclist sustained serious injuries after being hit by a motor vehicle. The Orange County, California traffic crash occurred along Von Karman Avenue and Michelson Drive. Meantime, before 3pm this afternoon in Fountain Valley, at least one person sustained injuries in a multi-vehicle collision involving four autos. The cause of the crash is still under investigation, however, the injured motorist reportedly sustained a head injury.

Not long after that in Los Angeles County, at least two people sustained serious injuries in a Fullerton pedestrian accident. Although the cause of the collision has not been confirmed, police believe that the driver of a car struck two children and a woman who were on Rolling Hills Drive close to Puente Street, continued to drive a short distance, and then crashed the vehicle. The LA traffic crash happened just a few hours after a Carson car accident left at least one person injured. a driver a vehicle crashed into the Las Palmas Café on South Avalon Boulevard.

Obviously, Howard Law, PC is unable to report on every accident that happens in Los Angeles County, San Bernardino County, Riverside County, and Orange County, California. That said, we do represent traffic crash clients in all of these counties.

"Even if you have auto insurance, your injuries may be serious enough that they warrant pursuing larger damages from a negligent driver or another responsible party and that's where we step in," said Anaheim car accident attorney Vincent Howard. "You increase your chances of recovering the maximum amount possible for your injuries, pain and suffering, the loss of a loved one, and other damages when you retain the services of an experienced Southern California personal injury law firm."

Tonight being Valentine's Day, there may be more motorists on the road and/or rushing to get to a romantic dinner, an outing with friends to celebrate self-love and singlehood, or some other gathering. Please remember to drive safely and watch out for other motorists that may be speeding, driving while drunk, or distracted.

"Driving defensively is one way to stay safe on the road. However, we cannot control the behavior of other motorists, and unfortunately, even when exerting our best efforts to avoid a collision, we may still become involved in one," said Orange County, California injury attorney Vincent Howard. "You want to work with a traffic crash law firm that knows how to prove the other party or parties were responsible."

One injured after car crashes into Carson restaurant, Los Angeles Times, February 14, 2012

Police: Car hits pedestrian, 2 children in Fullerton, OC Register, February 14, 2012

4-vehicle crash in Fountain Valley injures 1 driver, MSNBC, February 14, 2012

Three Marines Dead One In Critical Condition After Car Slams Into Tree in Dana Point, Dana Point Times, February 14, 2012

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Ladera Ranch Family Settles Orange County, California Personal Injury Lawsuit with CHP Over Daughter's Car Accident Photos that Went Viral Online, California Injury Lawyers Blog, January 29, 2012

Lindsay Lohan Sued for Los Angeles Personal Injury by Pedestrian, California Injury Lawyers Blog, January 25, 2012

Irvine Woman Sentenced in Deadly Orange County, California Car Accident, California Injury Lawyers Blog, January 7, 2012

Continue reading "Deadly Orange County, California Collisions in Irvine, Fountain Valley, and Dana Point Mar Valentine's Day " »

Late last year, Howard Law, PC published a California Injury Lawyers Blog post reporting that the Consumer Product Safety Commission had issued a warning cautioning parents and guardians against using the Bumbo Baby Seat incorrectly. These popular baby seats are supposed to be used on the ground and not on an elevated surface. However, lacking any type of child safety strap and used by babies that are too young to be able to hold themselves up without support, the Bumbo Baby Seats were proving to be a fall hazard, causing potential head injuries (including skull fractures) to infants (ages 3- to 10- months, in particular).

The federal safety agency's warning came four years after it recalled all of the baby seats, which some babies seemed able to easily wiggle through and fall out of. Bumbo International had decided to include a warning label noting that improper use of the infant seat--on a table, chair, countertop, or another elevated surface--could cause falls. The 2007 announced after the CPSC and the manufacturer had been made aware of 28 reports of fall accidents (resulting in three skull fractures) from when the seats were used incorrectly.

Now, however, it seems that even when the Bumbo Baby Seats are being used at ground level, there are still babies getting hurt. Since the 2007 recall, the number of Bumbo seats sold in the US has hit four million. Along with this increase in sales, there have been additional reports of 50 child injuries involving babies whose parents had used the Bumbo seats as directed. There have also been reports of 45 fall accidents involving infants using the seat on elevated surfaces. 17 more kids have sustained skull fractures. Concerned that "proper" use isn't enough to prevent injury, The Consumer Federation of America, Kids in Danger, US PIRG, Consumers Union, and Public Citizen recently joined together in writing a letter to the CPSC asking it to recall the Bumbo Baby Seats.

"Even without safety standards or testing requirements for this type of product, a manufacturer should still be responsible for making products that are safe for all consumers--especially children and infants," said Anaheim products liability lawyer Vincent Howard.

If your child was injured from using a Bumbo Baby Seat or any other consumer product--even if the item doesn't seem defective, you still may have grounds for an Orange County, California personal injury case.

"For a product used by infants to place them at risk of serious head injury--potentially even a traumatic brain injury--is unacceptable," said Anaheim defective products attorney Vincent Howard. "By pursuing damages from a negligent manufacturer, seller, or retailer, you not only give yourself the opportunity to obtain some financial relief but you could be protecting other babies from getting hurt."

Should Bumbo baby seat be recalled again?, Detroit Free Press, February 10, 2012

Serious Head Injuries Prompt Recall of Bumbo Baby Sitter Seats - New Warnings and Instructions to Be Provided To Consumers, CPSC, October 25, 2007

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At least four people were hurt on Monday in a San Clemente truck crash involving multiple vehicles at an I-5S off-ramp. Two of the victims, both women who as of this morning are reportedly still in critical condition, had to be cut from their Volvo SUV before they could be transported to a Mission Viejo hospital.

According to officials, the big rig truck ran a red light, colliding with the SUV and a BMW at the intersection While the OC Register is reporting that the Orange County, California truck collision injured two others, including one person in the BMW, the San Clemente Times says that six people were taken to Mission Hospital.

With the investigation into the collision still underway, it can be difficult to know at this time exactly who is responsible for causing the San Clemente motor vehicle crash. However, if the truck driver did, in fact, cause the Orange County, California traffic accident by running a red light, then the victims and their families could choose to pursue the trucker, the trucking company that he/she works for, and other related parties for San Clemente personal injury.

"The impact of a colliding with a large truck can be so devastating to the body that if a person is lucky enough to survive any serious injuries, the road to recovery may be long and costly," said Howard Law, PC Partner and San Clemente 18-wheeler Truck Accident Attorney Vincent Howard. "It can be hard to know right away the type of toll your injuries can take--physically, economically, emotionally, and psychologically. Here is where we step in."

Many trucking companies--large ones, especially--are equipped to counter and combat San Clemente personal injury claims. Some have even been known to arrive at the scene of a crash in an attempt to do damage control and get victims and their families to agree to settle right away.

"What may victims and their families don't realize is that by agreeing to settle immediately and adopting the notion that 'something is better than nothing' they are giving up their right to sue a negligent party for damages, which could result in a much larger award or settlement than they could get from settling right away," said Anaheim Personal Injury Attorney Vincent Howard.

4 injured in multi-vehicle crash on I-5 off-ramp in San Clemente, OC Register, February 6, 2012

Photos Added: Six Injured when Semi Charges Through Avenida Pico Intersection, Two Critical, San Clemente Times, February 6, 2012

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San Clemente Big Rig Truck Accidents On I-5S Injure Two, California Injury Lawyers Blog, July 25, 2011

Continue reading "San Clemente Big Rig Truck Crash Injures Four" »

Four days after a former Miramonte Elementary School teacher was arrested after being accused of committing lewd acts on 23 kids, a second teacher at the Los Angeles elementary school has been arrested. Martin B. Springer is accused of fondling two girls in his classroom. The alleged victims were about 8 or 7 years of age. The 49-year-old teacher allegedly fondled each of them one time in a classroom. Springer was ordered off the school grounds on Thursday and he was arrested a day later.

Following Springer's arrest, Miramonte Elementary School is reportedly shutting its doors for two days. The Los Angeles Times reports that attendance was significantly lower today following growing anger about the alleged Los Angeles County abuse and the way the school has handled such allegations.

The arrest early last week of 61-year-old Mark Berndt sent shockwaves across the country. How could a teacher allegedly abuse so many kids on school grounds during school hours over a 3-year period?

Between 2008 and 2010, Berndt allegedly abused both boys and girls, blindfolding, binding, and gagging some of them, placing cockroaches on others, and getting female students to swallow spoons filled with semen (as well as cookies with semen on them) all under the guise of playing games. Investigators discovered more than 400 hundred photographs showing the victims in these states. (Already, there are reports that the parents of one of the girls who swallowed semen intend to file a Los Angeles personal injury lawsuit on her behalf.)

Although there is no known connection between the two men and their alleged activities, the New York Daily News is reporting that investigators are looking into whether one of the girls was abused by both Berndt and Springer. The parents of the girl say that when she was in the second grader, their daughter showed them some unusual pictures taken by Berndt. They complained to the school in 2008 but, according to the Los Angeles Times, the principal waved away their concerns. The girl, was, however, moved to Springer's classroom. A few weeks later, she complained to her parents that he had groped her leg and thigh. Her parents say they told police about this but didn't hear back from them.

"If the school knew of possible abuses by any member of the faculty and failed to act to protect the alleged victim or future victims, there is the possibility that the parents of the kids that were allegedly abused may choose to sue the school district and other liable parties for negligence," said Howard Law PC partner and Los Angeles Child Injury Attorney Vincent Howard.

Unfortunately, there have been too many incidents reported involving kids being sexually abused by teachers, coaches, counselors, and other guides and supervisors at the elementary, middle school, and high school levels. "We hope that the growing awareness of abuse in schools as a problem will prompt officials to be more careful of who they hire, heighten supervision of school employees, the students and the premises, and cause them to take allegations of Los Angeles sexual abuse more seriously when a parent or a child step forward to complain, said Los Angeles Personal Injury Lawyer Vincent Howard.

Girl was victim of both teachers charged in L.A. child abuse cases: report, New York Daily News, February 5, 2012

Attendance drops at school where 2 teachers are suspected of abuse, Los Angeles Times, February 6, 2012

2nd teacher from LA school arrested on sex claim, Boston Herald, February 4, 2012

More Blog Posts:
Los Angeles Child Abuse: Miramonte Elementary School Teacher Charged with Lewd Acts on 23 Kids, California Injury Lawyers Blog, January 31, 2012

Talent Manager Accused of Los Angeles Child Sex Abuse, California Injury Lawyers Blog, November 29, 2011

Orange County, California Sex Abuse: Another Patient Accuses Anesthesiologist at Placentia-Linda Hospital, California Injury Lawyers Blog, October 26, 2011

Continue reading "Another Miramonte Elementary School Arrested for Alleged Los Angeles Sexual Abuse Another Miramonte Elementary School Arrested for Alleged Los Angeles Sexual Abuse " »