California Injury Lawyers Blog

Christos and Lesli Catsouras have settled their Orange County personal injury case with the California Highway Patrol. The Catsouras had sought damages for emotional pain and suffering after car accident photos of their daughter Nicole Catsouras were leaked online. The images, which included shots of Nikki's disfigured remains, became accessible on hundreds of Web sites.

The 18-year-old was nearly decapitated after crashing her dad's Porsche 911 Carrera into a concrete tollbooth on State Route 241 close to Lake Forest on October 31, 2006 while driving at 100 mph. She died instantly.

Not long after her death, her family, who weren't allowed to see Nikki after her death because her body was so badly damaged, began receiving anonymous text messages and e-mails containing pictures from the Orange County, California car accident site, including photos of Nikki's body. The images also started to show up online, including on a bogus MySpace page that at first appeared to be a tribute page but in fact was not. The family says that there was even a time when the photographs could be found on 1,600 Web sites in 50 nations.

The photos had been taken by CHP officers and then e-mailed outside the department. The release of the accident pictures to the public was reportedly not intentional. The family, however, have said that their grief was compounded by the ongoing nightmare of knowing they could pull up the grisly photos of Nikki on the Internet at anytime. They decided to sue the CHP for damages, seeking $20 million. Although many of the pictures have been removed from the Internet, there are some that are still available.

The CHP has taken responsibility for the photo leaks and said that two dispatchers, who didn't realize their conduct was wrong, sent the images to family and friends that Halloween. One dispatcher, Thomas O'Donnell, has been released from the lawsuit. The other dispatcher, Aaron Reich, has filed for bankruptcy. Although O'Donnell was reprimanded, he still has his job. Reich resigned for what he said were unrelated reasons.

A judge had dismissed the family's Orange County, California personal injury complaint in 2008. Later however, an appellate justice panel found it to have merit after a state law was rewritten granting surviving family members' privacy rights as they relate to images of the decedent in certain situations.

"Losing a loved one is hard enough without having anyone compound your pain and suffering further, said Howard Law PC founder and Anaheim Personal Injury Attorney Vincent Howard. "Even if that party didn't directly cause the death, he/she/the entity could be held liable for other acts of negligence."

It can take years, even a lifetime, to heal from the unexpected and tragic loss of a loved one. In addition to the sadness, anger, or loneliness you may feel, there also may be regrets, questions left unanswered, and the void left behind that can never be filled. If you were the one who was injured, there is your pain and suffering to take into account.

"We know that injuries can also be emotional or mental and they can prove just as damaging (if not more so) than physical injuries in their own way," said Orange County, California Personal Injury Attorney Vincent Howard.

Catsouras family settles lawsuit over grisly crash images, OC Register, January 30, 2012

Nikki Catsouras Crime Scene Photos Haunt Deceased Teen's Family, Discovery, May 5, 2009

Family's Nightmare: Daughter's Accident Photos Go Viral, ABC News, July 1, 2008

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

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

Rep. Gabrielle Giffords Resigns from Congress to Focus on Recovery from Traumatic Brain Injury, California Injury Lawyers Blog, January 24, 2012

Continue reading "Ladera Ranch Family Settles Orange County, California Personal Injury Lawsuit with CHP Over Daughter's Car Accident Photos that Went Viral Online" »

Hundreds protestors have converged onto the UC Davis Campus this week to speak out about campus police's use of pepper spray to break up a group of students that were peacefully protesting the Occupy Wall Street movement on Friday. 11 students had to be treated for pepper spray side effects.

Following the incident, UC Davis Police Chief Annette Spicuzza and two campus cops were placed on leave, while UC officials continue to investigate what happened. UC Davis Chancellor Linda Katehi has said that although she asked police to take away the tents that were on the campus quad, she never told them to use force to make the demonstrators leave. Katehi maintains that she told the police chief to avoid violence "at all costs" and to not make any arrests.

Meantime, an attorney for the Federated University Police Officers Association claims that the police officers were only following instructions. The Washington Post quoted Dieter Dammeier as saying that upper management had told the cops what to do.

Excessive Use of Force
Police officers are not supposed to use excessive force when doing their job. Use of pepper spray, batons, Tasers, physical force, or guns must be warranted and necessary otherwise, this could be a violation of the victim's civil rights. The United States Code says that this type of misconduct by someone working for state law enforcement can be grounds for a California personal injury lawsuit.

Use of Pepper Spray
Getting struck with pepper spray can be very painful, causing an intense burning sensation that may last for a couple of days. Made from a substance from the cayenne pepper, pepper spray can irritate the skin, eyes, lungs, sinuses, and other mucus membranes.

Using force can cause serious injury and even death, which is why police officers must receive proper training on when force should be employed and what other, less dangerous courses of action are available to them. Many people don't realize that they have rights when it comes to how police are allowed to treat them, so often incidents of excessive use of force or California police brutality go unreported. Even if you were arrested or jailed for a crime, you still are entitled to certain legal and civil protections.

Our Anaheim personal injury lawyers want you to know that if a police officer used more force than necessary when detaining, arresting, or questioning you, this may be sufficient reason for filing an Orange County, California personal injury lawsuit to obtain damages for the harm that you suffered. Howard Law, PC represents clients in Los Angeles County, San Bernardino County, Riverside County, and Orange County, California.

Hundreds of UC Davis students protest pepper-spraying by police, Los Angeles Times, November 21, 2011

What to do if you get pepper sprayed, ABC News, November 21, 2011

UC Davis chancellor 'horrified' by pepper spray, Washington Post/AP, November 21, 2011

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

Gerald and Darlene Goens have filed separate Orange County, California personal injury claims against the city of Huntington Beach. Darlene was riding her bike last July when she fell off after her tire got stuck in a pavement crevice on a beachfront boardwalk.

She fractured her leg and was forced to undergo surgery. In her Huntington Beach bicycle accident claim, Darlene is alleging Orange County, California premises liability. She says that the area in front of the Beach Hut concession where she was cycling was paved with cement sections that had been joined together but that whatever was supposed to keep the different parts together had deteriorated. She is seeking Huntington Beach injury compensation for medical expenses, loss of earnings, pain and suffering, and loss of earning capacity.

Darlene's husband Gerald is also seeking Orange County, California injury damages for the emotional trauma he suffered from the accident. He also wants compensation for loss of consortium.

Loss of Consortium
The spouse of a person who got hurt because of another party's negligence may be able to obtain damages for loss of consortium. The husband or wife doesn't need to have been involved in the Orange County, California personal injury accident in order to sue for damages.

Although in theory "loss of consortium" refers to losses resulting from limited sexual activity between two people that are married, this type of claim can also refer to loss of companionship, affection, emotional support, love, comfort, society, love, and services.

When someone gets hurt, he/she may not be able to enjoy/live life in the same way as before the accident, which can have an effect on loved ones. Loss of consortium allows the spouse to seek damages for his/her own Huntington Beach personal injuries sustained as a result of his/her significant other's injuries.

The serious injury/death of one person can take a financial, emotional, and psychological toll on loved ones and there is no reason why you shouldn't be compensated for the harm that you also have suffered. In California, to file this type of civil case against a government entity, such as a city, you must first file an Orange County, Ca. injury claim first before you can go ahead and sue. This first step gives the government a chance to respond before taking the claim into litigation.

City and other local governments are responsible for maintaining public roads and walkways so that they are free from any hazards that could cause serious injury or death. Even when filing a claim against a government entity you should be represented by a Huntington Beach personal injury law firm that knows how fight for the maximum recovery possible.

Claims: H.B. responsible for bicyclist's boardwalk spill, OC Register, November 18, 2011

More Blog Posts:
Woman Files Laguna Beach Bicycle Accident Lawsuit Against the City, California Injury Lawyers Blog, September 7, 2011

Newport Beach Bicycle Accident Lawsuit Seeks Damages from City Over Man's Orange County, California Wrongful Death, California Injury Lawyers Blog, June 23, 2011

Woman Charged in Fatal Newport Beach Bicycle Accident Was Drunk and Texting, Say Authorities, California Injury Lawyers Blog, April 16, 2011

While frying your turkey can make for a deliciously crisp bird, you may be placing yourself at serious risk of injury. Granted, using a propane turkey fryer is a quicker alternative to using an oven, but the safety risk may not be worth the time payoff.

Not only has the National Fire Protection Association recommended that people refrain from using this type of cooking device--it doesn't believe that turkey fryers are safe for use--but also the Consumer Products Safety Commission is reporting that it has received dozens of reports of people getting burned and fires erupting. Do not hesitate to contact our Anaheim personal injury law firm if you or someone you love was hurt because of a turkey fryer in Orange County, Los Angeles County, San Bernardino County, or Riverside County.

Common scenarios where injuries involving a turkey fryer might arise:
• When the turkey is placed in a fryer while still partially frozen
• Hot oil spills or splashes--especially when the bird is removed or inserted into the fryer
• Opting to use a propane-fryer turkey inside rather than outdoors
• The oil gets ignited after hitting high temperatures or coming into contact with the open flames underneath the fryer
• A slip and fall incident occurs while attempting to move the fryer, which can cause the person to make contact with the oil

Most of the incidents reported to the CPSC took place while the oil was being heated and before the turkey was even insider the fryer. Ways to avoid injuries:

• Keep your eye on the fryer while it is in use at all times
• Place the fryer in an area that is open and a safe distance away from walls, fences, or other structures that could catch fire and burn
• Don't use a fryer indoors, including in a garage or on a porch
• Ensure that your skin is protected
• Slowly put the food in and out of the fryer
• Make sure that you are monitoring the oil temperature
• If you see smoke, turn the gas off ASAP

Consumer Group Underwriters Laboratories (UL) has studied propane fryers and found that their inadequate/lack of temperature control makes them hard to control. Considering that using a turkey fryer exactly as intended still places people at serious risk of injury raises questions as to how safe this product is and whether manufacturers are doing everything to protect consumers from personal injury, especially burn injuries. For example, Consumer Report says that there are electric turkey fryers that are much safer to use than the fryers using propane. Not only do they have automatic temperature controls that will turn the heat off before the oil becomes too hot, but also, less oil is required to operate them.

Over the years, defective product lawsuits have been filed against the makers of turkey fryers for catastrophic burn injuries and property damage.

Contact our Anaheim products liability law firm to request your free case evaluation.

CPSC Issues Safety Tips for Turkey Fryers, CPSC, November 26, 2003

Turkey Fryers, NFPA

More Blog Posts:
Disneyland Sued For Allegedly Exposing Visitors to Lead, California Injury Lawyers Blog, October 18, 2011

$48.1M Los Angeles Products Liability Verdict Awarded to Man That Took Motrin and Developed SJS and TEN, California Injury Lawyers Blog, October 7, 2011

California Wrongful Death Lawsuit Filed in Los Angeles Medical Malpractice Case Involving Lap-Band Patient Also Seeks Damages from Advertising Company, California Injury Lawyers Blog, September 14, 2011

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 federal government is a defendant in a number of lawsuits alleging California personal injury and wrongful death in the 2010 off-road race in the Mojave Desert at the California 200 event last year. Eight people died and at least 10 others sustained injuries when a modified Ford Ranger truck flew off the course when making a jump and crashed into a crowd of watchers lining the off-road track. More civil complaints are expected. BLM and the other defendants are accused of failing to keep proper control and management of the race.

The accident occurred in an area owned, maintained, and supervised by the Bureau of Land Management. In addition to the BLM, other defendants include Ford pickup truck driver Brett Sloppy, MDR Productions, and Mojave Desert Racing.

The plaintiffs contend that BLM did not follow the recreational permit process for letting the race take place on federal land. They also blame the government agency for failing to make sure that spectators would be safe. BLM policy specifies that areas for watchers need to be delineated with temporary fencing. When Sloppy's truck landed in the crowd of viewers, there was no guardrail to serve as a barricade that could have protected them.

Also, rules of conduct for spectators, warnings that they stay out of the pits, and accident risk information also needs to be posted on large signs when event weekends are taking place. The plaintiffs say that none of this was done on the weekend of the California 200. They believe that because these elements were missing, BLM should have taken away the event permit or canceled the race. (The government agency has admitted that it did not follow its own policies when admitting and monitoring this race). Hundreds of people attended the California 200 race that day.

Also suing BLM, Mojave Desert Racing, and MDR Productions is Sloppy's mom, Lynne Sloppy. She is claiming California personal injury for the distress she experienced when she saw her son's truck go off the racetrack, flip over, and land in the crowd. She contends that watching the entire accident unfold was traumatic, including seeing all the injuries happen and then watching people become aggravated toward her son while he was still stuck in his vehicle. She wants punitive damages for negligence and intentional infliction of emotional distress.

California Personal Injury
As you can see with all different allegations and claims being made over this incident, there may be numerous plaintiffs and a number of defendants in a California injury accident of this magnitude. Different grounds may be cited for negligence depending on the roles defendants allegedly played. Defendants may even become plaintiffs themselves--or, in this case, Sloppy's mom is also choosing to sue for her emotional injuries.

Wrongful-Death Suit in Off-Road Race Crash, Courthouse News, September 19, 2011

8 more lawsuits in fatal off-road race crash, SignonSanDiego, September 14, 2011

Related Web Resources:
Bureau of Land Management

Mojave Desert Racing

More Blog Posts:
California Off-Road Race Kills 8 and Injures 12 in Mojave Desert, California Injury Lawyers Blog, August 17, 2011

Toddler Attending Los Angeles Lakers Game Dies After Falling 50 Feet from Staples Center Luxury Seats, California Injury Lawyers Blog, November 22, 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 "Bureau of Land Management Sued Over 2010 Off-Road Race in the Mojave Desert that Killed 8 and Injured a Number of Others " »

The family of Seth Richardson has filed a $500,000 Huntington Beach personal injuries to a minor claim against the city. Seth, 6, sustained serious burn injuries in April 2011 while at Huntington City Beach when he fell into a deteriorating fire pit that had a still smoldering fire in it. He sustained third-and second-degree burns on his chest and right arm, and he had to undergo weeks of treatment at an Orange, California hospital. The boy is reportedly continuing to receive medical care for his burn injuries.

Photos taken right after the Huntington Beach fall accident show that part of the concrete pit where Seth fell had deteriorated to the point that it was at sand level. While city officials say that its fire pits are checked regularly and that the ones in poor condition are replaced, Seth's dad says that the failure to properly maintain the fire pits caused Seth to get hurt. He also noted that there are no signs instructing fire pit users on how to properly extinguish their fires.

No one is tasked with monitoring the fire pits during the daytime, when they are usually use, and there are people on the beach. The city attributes this lack of supervision to staff limitations.

Premises Liability
A civil claim against a California city is usually a precursor to a legal complaint. Cities that own the beach know that there will likely be kids and others who can sustain serious injuries in fire pit accidents. It is the property owner's job to make sure that the fire pits are in proper working condition, safe for use, and do not pose a Huntington Beach premises liability hazard. This includes ensuring that the fire pit is visible, properly maintained, and placed in a location where someone can't accidentally walk/fall into one.

Two other families recently sued the city for Huntington Beach personal injury over accidents that occurred in other beach fire pits. The family of Adam Eslinger, 2, is seeking damages. Adam sustained burn injuries when he climbed into a fire pit in August 2009. In addition to burn injuries to his hands, the boy also suffered "severe emotionally trauma." Autumn Williams, 13, who rescued Adam, also sustained burn injuries. Their civil trial is scheduled for next month.

In another Huntington Beach burn accident, a Temecula family is suing the city and the state of California for the second- and third-degree burn injuries that Chad Kanow, 11, sustained on his foot in September 2009. They claim that the fire pit was "obscured with sand." That jury trial is scheduled for November.

These four children are not the only ones to get hurt in fire pit accidents. According to the UCI Burn Center, it has treated dozens of patients for burn injuries involving fire pits since 2006. If you believe your injuries, which occurred on another person's property, or was a result of the owner's negligence, you should speak with an experienced Huntington Beach personal injury law firm right away.

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

Boy who fell into H.B. fire pit wants $500,000, OC Register, August 18, 2011

Related Web Resources:
City of Huntington Beach

Beach fire pits and bonfires - California

More Blog Posts:

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

6-Year-Old Sustains Orange County, California Burn Injuries After Fall Into Beach Fire Pit, California Injury Lawyers Blog, May 20, 2011

Huntington Beach Personal Injury Claim Seeks Over $500,000 for 11-Year-Old's Burn Injuries from Trip and Fall Accident into Fire Pit, California Injury Lawyers Blog, March 17, 2010

Recently, our Anaheim personal injury law firm wrote a blog post about a Los Angeles wrongful death trial underway between the Metropolitan Transportation Authority and the mother of a blind man who was run over by a Metro Blue Line train at the Del Amo station in 2009. Now, the jury has awarded Mary Cuthbertson $17 million.

Cameron Cuthbertson, who is blind, mistakenly walked in between two rail cars thinking that the gap was an open train door. The three-car train departed as he was trying to climb back onto the train platform. The 48-year-old Compton man sustained fatal crush injuries.

In her Los Angeles County wrongful death case, Mary Cuthbertson's lawyers accused Metro of failing to put up protective barriers between cars even though they knew that not doing so placed blind people at risk of falling between the train cars--especially because a lot of them depend on trains to get around. It wasn't until after Cameron's death that the barriers were put up. Mary's Los Angeles personal injury lawyers also accuse Rosie Haynes, the train's operator, of stopping the train over two feet away from where she should have stopped, which is why Cameron tried to enter the train where he did. They contend that she had the train leave earlier than she should have and that if she'd waited Cameron may have been able to get back on the platform.

Meantime, Metro's legal team argued that their client had immunity from such lawsuits because California had approved the train's design when the line was constructed in 1990. In a statement issued after the jury's verdict, Metro said that it wasn't negligent in or responsible for Cameron's death and it may appeal.

The Blue Line was made prior to the Americans with Disabilities Act, which does not allow governments, private employers, labor unions, and employment agencies to discriminate against persons with disabilities. The ADA requires that intercity rail transport be made accessible, useful, and safe for individuals with disabilities. If the train line was set up after the ADA went into effect, the station would have had to have fencing, chains, or some other obstacle between the cars so that blind people wouldn't make the mistake that Cameron did.

That said, it is still the responsibility of property owners to make sure there are no safety hazards on a premise that could place patrons, visitors, customers, guests, or others at risk of serious Los Angeles personal injury or wrongful death. Failure to do so can be grounds for a California premises liability case.

There doesn't have to be a federal act in place for premise owners to be obligated to remedy dangerous situations and prevent accidents from happening or to be held negligent for not doing so. In situations where public transportation is involved, its owners and operators must make sure to eliminate safety risks on the vehicle and at departure and exit locations so as to minimize the chance of injury.

While the $17 million Los Angeles train accident verdict won't make up for Cameron's death, it does at least hold the MTA accountable financially. It also makes a statement so that hopefully this type of avoidable, tragic accident doesn't happen to someone else.

Compton Woman Gets $17M Judgment Against MTA For Wrongful Death Of Blind Son, CBS Los Angeles, July 29, 2011

Blind man's death on Blue Line train brings $17-million verdict, Los Angeles Times, July 30, 2011

Related Web Resources:
METRO STATEMENT RE: JURY VERDICT Mary Cuthbertson, et al. v. LACMTA, Metro

Americans with Disabilities Act of 1990

Facts About the Americans with Disabilities Act, The U.S. Equal Employment Opportunity Commission

More Blog Posts:
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

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

Amtrak Train Wreck: First Personal Injury Lawsuit Filed Against Big Rig Truck Driver, California Injury Lawyers Blog, June 28, 2011

In Los Angeles Superior Court, 75 ex-pro football players have filed a lawsuit against the National Football League accusing it of concealing the concussion risks that come with playing the game. The complaint comes even as attorneys for NFL owners and players continue to try and hammer out a new collective bargaining agreement.

According to the Los Angeles personal injury complaint, the NFL knew as far back as the 1920's that a player's brain was at risk of serious harm from concussions and did not let coaches, players, trainers, and the public know "these facts" until last year. The league even allegedly went so far as to commission a study called "NFL Committee on Mild Traumatic Brain Injury" in the 1990's, with findings published in a 2004 report that claimed that there wasn't any evidence that multiple concussions could cause "worsening injury or chronic cumulative effects." It wasn't until June 2010 that the league admitted that concussions could lead to dementia, memory loss, and other brain injury symptoms.

Plaintiffs include ex-Giants running backs Ottis Anderson and Rodney Hampton and ex-Miami Dolphins wide receiver Mark Duper. Also a defendant of this California injury complaint is NFL helmet maker Riddell. If in fact the manufacturer did not do enough to warn that there was a serious brain injury risk even when using their helmets, Riddell could be held liable for California products liability.

Brain Injury
A direct blow to the head can cause a traumatic brain injury, and one of the leading causes of TBIs is athletic activities. Contrary to popular belief, even a concussion is a type of brain injury that in some cases can be serious. If the NFL did conceal the risks involved in playing football and this resulted in football players sustaining brain injuries, the league may indeed have to pay damages to the victims and their families.

NFL and Helmet Maker Riddell Sued by 75 Retired Players Over Concussions, Bloomberg, July 21, 2011

NFL Sued for Allegedly Concealing Brain Injury Risks, TMZ, July 19, 2011

New Sign of Brain Damage in N.F.L., New York Times, January 27, 2009

Related Web Resources:
Riddell

NFL

More Blog Posts:
Los Angeles Products Liability Lawsuit Seeks Damages from Riddell Sports Inc. for Teen's Permanent Traumatic Brain Injury, California Injury Lawyers Blog, August 31, 2010

Over 400 Plaintiffs Accuse Los Angeles Count and Exxon Mobil Inc. of Toxin Exposure at Willowbrook Housing Complex that Resulted in Deaths, Injuries, and Health Issues,
California Injury Lawyers Blog, April 14, 2010

Dodgers Settle Los Angeles Personal Injury Lawsuit with Fan Who Broke His Neck During Baseball Game, California Injury Lawyers Blog, April 20, 2011

Sufeir Hsu and her daughter Janet Hsu are suing The Irvine Co., ThyssenKrupp Elevator Corp., and the latter's service division for Orange County, California personal injury. The two women say that they suffered emotional trauma and physical injuries when the office-building elevator that they were in fell 11 stories in 2009.

In their Irvine personal injury complaint, the two women said that the elevator, which was supposed to let them out on the 2nd floor, kept moving upwards until it reached the 11th or 12th floor. That was when the elevator suddenly began falling rapidly. The women say that during the ride down, they fell hard onto the elevator floor and light figures and ceiling glass started falling on them.

Firefighters responded to their 911 call. However, the plaintiffs say that it took the rescuers awhile to be able to open the doors and extricate them.

The plaintiffs are seeking medical and therapy costs, in addition to compensation for their different injuries. Both women say that they went to see a doctor for the pain they experienced. They also continue to seek medical and physical therapy, as well as massages. Sufeir ended up missing time from work.

Elevator Accidents
An elevator that malfunctions while in operation can prove very dangerous for the people inside. Thousands have sustained injuries because an elevator went into freefall, was not lined up with the floor where it stopped, or got stuck for far too long in between floors. Property owners, elevator owners, elevator manufacturers, and maintenance companies are among those who could be held liable for your Orange County, California elevator accident injury. Irvine products liability, premises liability, personal injury, and wrongful death are among the reasons for this type of civil case.

Elevator riders: 'We thought we were going to die', MSNBC, July 18, 2011

Women sue for 11-story elevator plunge, IstockAnalyst, July 18, 2011

Related Web Resources:
Elevator Safety, National Elevator Industry, Inc.

Elevator/Escalator Safety Foundation

More Blog Posts:
Irvine Trip and Fall Accident Claim Seeks At Least $1M Over Injuries from Uneven Sidewalk, California Injury Lawyers Blog, July 11, 2011

Los Angeles Wrongful Death Lawsuit Filed In Toddler's Fatal Fall at Staples Center During Lakers Game, California Injury Lawyers Blog, May 29, 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

A woman who claims that a message therapist tried to rape her has filed a Laguna Beach injury lawsuit. The plaintiff says that Mark Peregil Valenzon attempted to sexually assault her on Mother's Day at the Massage Envy parlor. The alleged victim is suing parlor owners Barbara and John Meeks, as well as Valenzon, who is from Lake Forest.

The plaintiff contends that the spa's owners failed to help her while the alleged assault incident was taking place. She claims that about halfway through the massage, Valenzon took off his belt and started to breath heavily before pulling her underwear down. She says that when she saw that Valenzon had his pants down and appeared poised to climb on top of her, she screamed and then ran out of the massage room. The woman says that staff ignored her and she had to call police herself.

According to the plaintiff's Orange County, California personal injury complaint, since the attempted rape, she cannot perform properly at school or at work or easily tend to normal tasks. She is also scared to be alone. The plaintiff is seeking damages for assault and battery, intentional infliction of emotional distress, negligence, negligent infliction of emotional distress, negligence per se, violation of right to privacy, and negligent hiring, retention, and supervision.

Sexual Assault on Other People's Property
If you have been the victim of sexual assault or even attempted assault and the incident occurred on someone else's premise, you may have grounds for a Laguna Beach premises liability complaint against the property owner even if he or she had nothing to do with the actual assault. Premise owners must make sure that there are no hazardous situations or conditions or dangerous persons on the grounds that could cause you to become the victim of any crime--especially one that inflicts physical, psychological, sexual, or emotional injuries. You also may have grounds for a case against your assailant.

Spa sued over alleged rape attempt, Laguna Beach Coastline Pilot, June 16, 2011

Lawsuit: Massage Envy Trip Turned Into Sexual Assault in Laguna Beach, OC Weekly, June 15, 2011

Related Web Resource:
Massage Envy

More Blog Posts:
Jaycee Dugard to Receive $20 Million California Personal Injury Settlement for Kidnapping, California Injury Lawyers Blog, July 12, 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

Los Angeles Wrongful Death Lawsuit Filed In Toddler's Fatal Fall at Staples Center During Lakers Game, California Injury Lawyers Blog, May 29, 2011

In 2009, our Anaheim personal injury lawyers reported on our blog site about a California sex abuse settlement reached between the Roman Catholic Diocese of California and a Fountain Valley man who says that a reverend named Denis Lyons sexually abused him. The diocese has shelled out over $4 million dollars to settle Orange County, California clergy sex abuse claims over Lyons. Earlier this week, Los Angeles Times reported that Lyons was about to stand trial over criminal charges alleging lewd acts on a child under 14.

The 77-year-old is accused of sexually abusing a 7-year-old parishioner in the church rectory and sacristy at St. John the Baptist Catholic Church in 1992. He allegedly sexually abused the boy four times while the child was attending the Costa Mesa parish school.

Lyons, who was arrested in July 20, 2009, has pleaded not guilty to the four felony counts. Criminal charges were also brought against him in 2003 for the alleged molestation of a child under 14. The incidents are said to have occurred between 1978 and 1981 but that lawsuit was dropped after the US Supreme Court decided that a California law getting rid of the statute of limitations in sex abuse cases is not retroactive.

Under state law, the statute of limitations for a sex abuse victim to file a California sex abuse lawsuit is his/her 26th birthday or until within three years following discovery or when the victim should have reasonably discovered that psychological injury or illness occurred from the abuse. In addition to the perpetrator, entities or individuals that owed a child a duty of care but were negligent, which resulted in the sex abuse being able to happen, can also be held liable.

Diocese settles with man who claimed sexual abuse, OC Register, February 27, 2011

Costa Mesa priest to be tried in molestation case, Los Angeles Times, June 13, 2011

More Blog Posts:
Plaintiff Files Orange County, California Child Sex Abuse Lawsuit Accusing Two Priests at a Huntington Beach Parish, California Injury Lawyers Blog, June 11, 2009

Sexual Abuse Took Place at Hawthorne, California Nursing Home, Says Ex-Employee, California Injury Lawyers Blog, June 7, 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

Continue reading "Costa Mesa Priest Sued for Orange County, California Child Sex Abuse on Trial" »

The state of California has fined Anaheim Regional Medical Center $50,000 for performing kidney surgery on the wrong side of a patient. The Orange County, California surgical error took place after the patient was diagnosed with a kidney stone on the right side of the body.

According to an investigative report, the patient's doctor faxed over paperwork that erroneously stated that the stone was on the left side of the patient instead of the right. A CAT scan image, however, showed that the stone was on the other side of the patient's body. Because of the medical mistake, the patient reportedly experienced prolonged pain and had to undergo another surgery.

One of the nurses who worked with the patient says that she wasn't given adequate time to finish her pre-op review before another nurse moved the patient into the operating room. That is were a doctor placed a stent in the patient's wrong side.

Anaheim Region has since submitted its correction plan to the state. It says that the nurses who took care of the patients were disciplined and computers have since been installed in operating rooms so that doctors can look at medical images. The fine is the first that the hospital has received from the state of California.

Wrong-Site Surgeries
This type of medical mistake is preventable and can be grounds for an Anaheim medical malpractice case. There are procedures that should be in place to prevent doctors from performing surgery on the wrong party of the body. It can be devastating to have the wrong breast or internal organ removed because medical professionals made unnecessary errors. Additional surgeries may be required to remedy the situation. In some cases, the consequences can be disfiguring, disabling, and/or fatal.

Anaheim hospital fined for wrong-side surgery, The OC Register, June 2, 2011

Related Web Resource:
Medical Malpractice, Nolo

Wrong-Site Surgery, HCIFONline

National Institutes of Health

More Blog Posts:
California Wrongful Death: Parents of Cal Poly Student Killed in '10 Pedestrian Accident Sue Caltrans, Doctor, and San Luis Obispo, California Injury Lawyers Blog, April 28, 2011

Family of Lawndale Woman to Pursue Los Angeles Surgery Malpractice Action Over Her California Wrongful Death from Lap-Band Surgery, California Injury Lawyers Blog, April 27, 2011

$4.6M Los Angeles County Medical Malpractice Verdict Over Wrongful Death of Man Wrongly Diagnosed by Glendale Doctor, California Injury Lawyers Blog, April 11, 2011

Continue reading "Anaheim Medical Malpractice?: Wrong-Side Kidney Operation Performed on a Patient" »

Last month, our Anaheim personal injury law firm reported on the March 31 beating at the Dodger Stadium parking that left San Francisco Giants fan Bryan Stow with brain injuries and other serious injuries. Now, his family is suing the Dodgers, its owner Frank McCourt, a number of McCourt and Dodger entities, and the unnamed assailants for Los Angeles personal injury.

Stow had just attended the Dodgers home opening game against his team when he was attacked in the parking lot. The 42-year-old was wearing a Giants shirt at the time. Sunday, 31-year-old Giovanni Ramirez was arrested as a suspect in the attack. Stow, who is still in critical condition, was transported back to Northern California last week.

According to the Los Angeles personal injury complaint, even during the game Stow and his friends were harassed by Dodgers fans, who assaulted them with wrappers, peanuts, and hotdogs. The plaintiffs contend that inadequate security and poor lighting made the environment ripe for crimes to take place. (Since the attack on Stow, temporary lights have been added to the parking lot.) The Los Angeles premises liability lawsuit also blames McCourts "lavish lifestyle" for why security staff had been reduced at the stadium. Other causes of action cited in the civil lawsuit include negligence, negligent supervision, hiring, and retention, negligent infliction of emotional distress, loss of consortium, false imprisonment, and assault and battery.

California Premises Liability
Stadiums and other public venues are responsible to ensure that there is adequate security, sufficient lighting, and no hazards on the premise that could cause or allow injury or death to occur. Places that host large crowds can be settings for sexual assault, physical assault, robberies, or other crimes if the proper safety and security measures are not implemented. Property owners can be held liable for California premises liability or wrongful death.

Read the complaint (Pdf)

Family of beaten Giants fan sues Dodgers for parking-lot attack, CNN, May 24, 2011

Giovanni Ramirez held on $1 million bail, ESPN, May 23, 2011

Related Web Resources:
Los Angeles Dodgers

Inadequate Security, Justia

More Blog Posts:
Giants Fan Beaten At Dodger Stadium Placed in Medically Induced Coma, California Injury Lawyers Blog, April 23, 2011

Dodgers Settle Los Angeles Personal Injury Lawsuit with Fan Who Broke His Neck During Baseball Game, California Injury Lawyers Blog, April 23, 2011

Man Stabbed to Death at Hilton Orange County/Costa Mesa Hotel on New Year's Day, California Injury Lawyers Blog, January 7, 2011

More than one month after falling into a broken-down fire pit at the Huntington City Beach, 6-year-old Seth Richardson is still at the surgical intensive-care unit at UCI's Regional Burn Center in Orange, California for treatment of the second- and third-degree burn injuries that he sustained on April 17. His family believes that the Huntington Beach injury accident wouldn't have happened if the city and the state of California had properly maintained the pit, which had one side that was completely missing and crumbled down to sand level.

Seth's father, Jason Richardson, says that they didn't even see the pit, which the boy fell backwards into while flying a kite. The burn injuries are from the small fire that was still lit in the pit. Jason also notes that there were no warning signs instructing beachgoers on how to properly extinguish a pit fire. According to the city, while the fire pits are cleaned out nightly, there is no staff available to supervise them during the day.

Seth is not the first person to get hurt in a fire pit. In 2009, a two-year-old sustained burn injuries after climbing into a fire pit that--per their Huntington Beach personal injury claim--was "almost totally submerged in the sand." 13-year-old Autumn Williams also sustained burn injuries when she tried to rescue him. That same year, another minor, 11-year-old Chad Kanow, sustained serious injuries during a Huntington Beach trip and fall accident into a fire pit that was "obscured with sand." The families of the three children are seeking Orange County, California burn injury damages.

Huntington Beach spokesperson Laurie Frymire says that broken pits do get replaced.

Beach fire pits can also be found in San Clemente, Newport Beach, Bolsa Chica, and Aliso Beach. The pits are a big draw for beachgoers that like to have barbecues. That said, it is important that fire pits are properly maintained and set up in the way so that no one can easily fall into them. Fires must be completely extinguished so that no one gets hurt.

Family: H.B. responsible for 6-year-old burned in fire pit, The OC Register, May 3, 2011

Pro golfer visits burned 6-year-old, The Press-Enterprise, April 28, 2011

Huntington Beach Personal Injury Claim Seeks Over $500,000 for 11-Year-Old's Burn Injuries from Trip and Fall Accident into Fire Pit, California Injury Lawyers Blog, March 17, 2010

Related Web Resources:
City of Huntington Beach, California

Safety Tips for Fire Pits, About.com

More Blog Posts:
Huntington Beach Wrongful Death: Family Blames City for Men's Fatal Drownings, California Injury Lawyers Blog, May 6, 2011

Man Stabbed to Death at Hilton Orange County/Costa Mesa Hotel on New Year's Day, California Injury Lawyers Blog, January 7, 2011

Continue reading "6-Year-Old Sustains Orange County, California Burn Injuries After Fall Into Beach Fire Pit" »