Stockton Injury Lawyer Blog

California news reports that a negligence lawsuit has been filed by a group of consumers against the Skechers company based on its "Shape Up Shoes." The negligence lawsuit alleges that both fraud and negligence stemming from claims by the shoemakers that wearing the shoes serves as a workout. In addition to claims of fraud, the lawsuit also alleges that the several individuals were seriously injured as the result of wearing the shoes.

If you have suffered any personal injuries, it is important to consult with an experienced Stockton personal injury attorney to discuss your case and determined your next steps. In many situations it may be possible to recover compensation for your injuries.

Here Skechers ads claim, "With Shape-ups, you can finally get in shape without going to the gym." The advertisments also assert that Skechers' patented design changes the way a person walks, utilizing different muscles and firming them up. According to the lawsuit rather than helping people get in shape, shoe owners suffered serious injuries such as torn tendons and ligaments, torn cartilage and hip fractures. Wearing the shoes also caused people to fall and injure themselves.

Additionally it is unknown whether any safety tests were performed before this dangerous product was placed on the market. As noted by representatives of the injured parties "the public, when they purchase the product, has the right to assume the product is safe."

Continue reading "Customers Sue Skechers Based On Negligence, Fraud" »

A California Court of Appeals has determined that a Newport Beach doctor must pay damages in a medical malpractice wrongful death lawsuit filed against him. The action involved his erroneous reading of a computerized tomography (CT) scan of an 85-year-old woman, Lois Shafer. A jury determined that Dr. Luke Cheung's actions in misinterpreting the scan and failing to diagnose the woman's intracranial bleeding, led to her unnecessary death.

If you believe a loved one has died as the result of the negligent conduct of another, it is important to consult with a Stockton wrongful death attorney. Where you believe a nurse, doctor or other hospital staff made a mistake that harmed - or led to the death - of a loved one, you may be able to file a medical malpractice lawsuit.

Not all medical mistakes constitute a medical malpractice action that entitles a family to obtain compensation. Generally, you must be able to show that the doctor's or other health care provider's actions fell below the accepted standard of care and that these actions led to the harm.

Here, Shafer was taken to the Hoag Hospital emergency room. After Dr. Cheung's failure to diagnose the bleeding, an emergency room doctor then discharged Shafer. At trial, a medical expert testified that if Cheung had diagnosed the bleeding, Shafer wouldn't have been discharged, treatment would have begun quickly and the patient would have had a very successful outcome...complete recovery or close to a complete recovery."

Continue reading "California Doctor To Pay Damages In Wrongful Death Lawsuit" »

A tragic drunk driving accident has claimed the life of a 64-year-old Stockton man. The man was crossing the street when he was struck and killed by a 29-year-old mother suspected of driving under the influence. He was walking just east of an intersection and cross-walk on New Year's Eve when the pedestrian accident occurred. According to reports, the woman had her four children in the car at the time of the car crash. She has been cited with vehicular manslaughter while intoxicated, driving under the influence and child abuse and endangerment.

Despite increased public awareness about the dangers of drunk driving, drunk driving accidents continue to plague California's roadways. In fact, in California and throughout the United States, driver intoxication is the leading cause of auto accidents. On New Year's Eve alone, 11 San Joaquin County drivers were charged with driving under the influence.

If you or a loved on has suffered serious personal injuries or a family member has been killed in a drunk driving auto accident, it is important to contact an experienced Stockton drunk driving accident attorney to answer your personal injury questions and discuss your next steps.

While in many situations drunk drivers may face criminal charges arising out of their reckless conduct, where personal injuries and wrongful death occur, it is possible to obtain compensation from the driver for the harm incurred as the result of the accident.

Continue reading "Drunk Driving Suspected In Fatal Stockton Car Accident" »

A recent article in the Bakersfield news underscores the dangers of pedestrian/vehicle accidents. According to the report 15 individuals have died in Bakersfield pedestrian accidents this year. Earlier in December, two young Oildale residents were struck and killed by a Kern County sheriff's patrol car driven by an officer responding to a call. A few days later, a 40-year-old woman was killed while crossing the street in the crosswalk.

When cars strike pedestrians, the potential for serious injury - such as head, brain or neck injuries, or even death - is great. If you or a loved one have been injured as the result of a car accident it is important to consult a Stockton pedestrian accident lawyer to answer your personal injury questions and determine your next steps.

Many times, those injured or the family members of individuals who have lost their lives are unsure of their legal rights and whether they may be entitled to compensation. Several factors go into this determination such as whether fault exists on the part of the driver or the pedestrian. For example, whether the pedestrian had the right of way and was crossing within a crosswalk may affect whether the driver may be held liable. Additionally, considerations such as whether the car was speeding or otherwise going too fast for conditions, or if the driver was violating any other traffic laws.

While California law requires drivers to exercise "reasonable caution" toward pedestrians, with extra care shown for the disabled and children, pedestrians also have a responsibility to use due care. This includes such actions as crossing within crosswalks, paying attention when crossing the street, and looking both ways before entering the roadway.

Continue reading "Several Factors May Be To Blame In Pedestrian Accidents " »

This past week the National Transportation Safety Board recommended prohibiting all drivers from using portable electronic devices - like cell phones - while they're driving. This proposal comes after a hearing involving a Missouri car accident that killed two people and injured 38. Investigations suggest that the initial accident was caused by a pick-up driver who had sent 11 text messages in the 11 minutes immediately before the crash. The nineteen-year-old driver of the pickup ran into the back of a tractor-trailer that had slowed down through a construction zone. After the pickup ran into the big rig, it was then rear-ended by one school bus, which was then rear ended by another school bus. The driver of the pick-up truck and a student sitting on the last row of the first bus died in the crash.

If you or a loved one has been involved in an accident where distracted driving may have played a part, it is important to speak to an experienced Stockton injury lawyer to answer your personal injury questions and determine your next steps.

The senseless loss of life has prompted the NTSB to call for a ban on all cell phone use. Although California has banned texting while driving and only allows hands free cell phone usage - California drivers continue to disregard state law. Distracted driving continues to cause driving accidents in California and throughout the United States. In fact, the NHTSA reports that last year, over 3000 traffic deaths were blamed on distracted driving, and according to a survey released last week, nearly 50% of drivers younger than 25-years-old text while driving.

Continue reading "NTSB Recommends Banning Cellphone Use While Driving" »

A tragic California State University Long Beach elevator accident has raised questions of safety and liability after an employee was killed when an elevator crushed her. According to reports, a woman was trapped in an elevator between the 2d and 3rd floors of a building on the campus as the result of an elevator malfunction. The woman tried to squeeze through an opening between floors but the elevator moved, pinning her between the floor and elevator. She died at the scene.

Whether safety failures or other issues of negligence or liability played a role in this incident will be investigated.

Many issues exist whenever an individual suffers an accident at work. Speaking to a knowledgeable Stockton work related accident lawyer is important to protect your rights and ensure those harmed and their loved ones receive the compensation they are entitled to.

When workplace accidents occur, they may result in a worker's compensation action or third party action. Pursuant to a worker's compensation action, an injured worker or his or her family may be able to recover damages regardless of liability. However, this amount is generally low and may not bee sufficient to cover the cost of medical bills, lost wages and pain and suffering. Alternatively, a third party action may be possible where an outside party is responsible for causing or contributing to an injury. Generally, an individual or family may be able to recover greater compensation by filing a civil lawsuit involving a third party claim.

Here, the elevator accident is an example of potential premises liability. Premises liability exists where an unreasonably dangerous condition exists on another's property - whether a homeowner, a business, a governmental body or a University. If a dangerous condition exists, and the owner fails to correct it if they knew or reasonably should have known about it, or if they fail to provide adequate warning, the owner may be found responsible for any damages that occur. These damages may include medical expenses, lost wages and pain and suffering. Where a fatality occurs, the surviving family members may be able to bring an action for wrongful death.

Continue reading "Long Beach Fatal Elevator Accident Raises Issues Of Safety" »

According to a recent survey of driving dangers reported in the San Jose Mercury News, people listed distracted driving as the second most problematic driving behavior, followed by drunk driving. 18 percent of all those surveyed believe distracted driving - talking on your cell phone and texting - is the biggest danger on California roadways. The only category considered dangerous by more people is speeding and aggressive driving, at 22 percent.

Although this statistic may come as a surprise to some, it does not to California Highway Patrol officers who see far too many car accidents as the result of distracted driving. As stated by one CHP officer "Oftentimes we see drivers weaving in and out of lances or driving on the shoulders. We stop to investigate what we may think is a possible DUI driver only to find out it was someone talking on the phone, hands-free or not."

When car accidents occur for whatever reason - as the result of road rage, texting and driving or drunk driving, the potential for serious injuries and even death is great. If you or a loved one has been in a car accident speaking with an experienced Stockton injury lawyer is an important first step to protect your rights and answer your car accident questions.

Even though distracted driving has been outlawed by the California legislature an Alameda County Sheriff comments, "I see drivers on their cellphones every day. It's as if the laws don't even exist...With all of the innovative tools out there for hands-free use, I am at a loss to why people don't use them." In fact, the CHP has written close to 475,000 tickets to drivers who have violated the hands-free law since going into effect in 2008.

Continue reading "More People Frightened Of Distracted Driving Than Drunk Driving" »

The wife of a Hawthorne police officer killed while assisting a funeral procession has filed a wrongful death lawsuit against the cities of El Segundo and Manhattan Beach. The $25 million negligence suit alleges that the negligent and reckless actions of the municipalities and police departments in organizing the funeral procession led to the death of Andrew Garton, a motorcycle officer with the Hawthorne Police Dept.

If you have been seriously injured or have lost a loved one as the result of a motorcycle accident or the wrongful or negligent conduct of another, it is important to speak to a Stockton personal injury attorney immediately to discuss your case and determine your next steps.

Here, Garton collided with another motorcycle officer from El Segundo. The crash tossed Garton into oncoming traffic where he landed on another vehicle and was killed. Garton's wife filed the wrongful death lawsuit on behalf of herself and her young sons, alleging wrongful conduct on the part of El Segundo. Specifically, she alleges that El Segundo "negligently, carelessly and recklessly" controlled and monitored the motorcycle operated by the El Segundo officer who caused the crash. The complaint also alleged negligence in the hiring and training of the officer involved.

Continue reading "Wife Of California Police Officer Killed In Motorcycle Accident Files Negligence Lawsuit" »

A tragic case out of New Jersey, in re Matter of John Fiocco, Jr., deceased, highlights the responsibility of public entities to maintain a safe environment. In the wrongful death lawsuit the family of young college student alleges that the College of New Jersey was responsible and should be held accountable for the death of their son. The parents, Susan and John Fiocco allege that "lax security measures" at the campus allowed a stranger to enter their son's dormitory and murder their son.

The college argued that it was protected from civil suit as the result of immunity laws that shield public and charitable institutions from liability unless the institution was either "grossly negligent" or allowed a "dangerous condition" to exist at the time of an accident. However, the court ruled that allegations that the college allowed open access to the dorm 16 hours a day and did not make sure that exterior doors leading into the dorm and the trash compactor room were locked, could be considered "grossly negligent" and/or a dangerous situation. As a result, the college could not hide behind immunity statutes to shield itself from civil liability.

Similarly in California, public entities may be held liable for creating dangerous conditions. If you have been injured as the result of a dangerous condition on public property or have lost a loved one, a Stockton injury lawyer can advise you of your rights and consult with you regarding your next steps.

Under California law, several different issues and laws may be considered in determining whether to file a wrongful death lawsuit or premise liability claim. For example, was the public entity aware of the dangerous condition? Even if the entity was not aware of a condition - should they have discovered the condition? Did the entity adequately inspect and maintain the property? In the event the entity was aware of a dangerous condition, did it take adequate steps to prevent foreseeable risks of harm?

Continue reading "College May Be Found Liable In Wrongful Death Lawsuit - In re Matter of John Fiocco, Jr., deceased " »

A recent survey conducted by an insurance company tries to answer the question, "Which states have the worst drivers?" The worst driver survey collected data from three different sources - the National Highway Transportation Safety Administration (NHTSA), which reviews driving fatalities, including car accidents, Mothers Against Drunk Driving (MADD), which compiles statistics concerning drunk driving and drunk driving accidents, and the American Motorists Association, which tabulates number of tickets received.

On the whole, California performed fairly well. Overall, it ranked as #36 in terms of having the worst drivers. Although room for improvement exists, California drivers had fewer citations and accidents than average. Further, California ranked quite well for not having "careless" drivers. In fact, California ranked in the top ten for the most careful drivers. Careless driving includes distracted driving such as texting while driving.

Distracted driving remains one of the top reasons for predicting bad driving and is to blame for causing traffic accidents and fatalities. NHTSA warns, "distracted driving is a serious life-threatening practice and we will not rest until we stop it ... The message is simple - Put It Down! If you have been injured in a car accident or a loved one has been killed in a car accident due to distracted driving, speak to a knowledgeable Stockton personal injury lawyer at once to determine your rights and help you obtain the compensation you deserve.

Continue reading "California Ranks High For Having Good Drivers, Including Lower Driving Fatalities " »

A Petaluma woman has sued a California nursing home for negligence surrounding the treatment of her mother while in the care of the facility. According to the nursing home negligence complaint filed on behalf of Elizabeth Walter, the 80-year-old woman suffered from malnutrition, infections and dehydration as the result of neglect, negligence and fraud at a Petaluma nursing home as well as by the home health care agency providing her care.

The complaint alleges that the woman suffered a broken hip while Accentcare Home Health of California was providing her in-home care. Walter was subsequently moved to Petaluma Health and Rehabilitation for daily care. While there, she was allegedly denied "appropriate care and treatment that included food, hydration, wound care, monitoring and assessment." When admitted to the hospital a month later, Walter's condition had worsened.

If you believe a loved one has been subjected to nursing home negligence, a Stockton injury lawyer can help. An experienced negligence attorney can work with a family to help ensure a loved one receives the care he or she deserves and fight to obtain compensation for any harm incurred.

Continue reading "Nursing Home Negligence Alleged In Walter v. Petaluma Health and Rehabilitation " »

Police are investigating a Hanford, California truck accident that left two people injured. According to the Hanford Sentinel, initial reports indicate that a driver who failed to stop for a stop sign may be responsible for the big rig accident. Heliodoro Padilla was driving north in his pickup truck as he entered the intersection when the big rig carrying a two-axle trailer went through the intersection travelling west. The pick-up collided with the 18-wheeler, and Padillla and his passenger sustained major injuries. The passenger was taken to Adventist Medical Center and Ruiz was flown to Fresno for treatment at University Medical Center.

In California and throughout the country, big-rig accidents are among the most dangerous types of motor vehicle accidents. If you or a loved one has been injured in a trucking accident, it is important to contact an experienced Stockton truck accident lawyer to provide critical guidance regarding your legal rights. In many cases, you may be able to recover compensation for your injuries.

Injuries from big-rig accidents may include, but are not limited to, neck injuries, spinal cord injures, traumatic brain injuries and wrongful death.

Several different causes of truck accidents exist, and when someone is injured as a result, in many cases not only is the truck driver found liable but the trucking company may also be held responsible. Trucking companies may also be held responsible if they negligently hire a truck driver who has a poor safety record. Truck accidents may occur for the following reasons:

• Speeding in an attempt to maintain a tight delivery schedule
• Fatigue as the result of long hours with little rest
• Overloading or unsafe cargo
• Mechanical or brake failure
• Driver error/failure to follow safety rules
• Difficulty seeing other drivers or obstacles in blind spots while backing up, making turns or changing lanes.

Continue reading "Hanford Big Rig Accident Injures Two" »

Stockton news reports that a nine-year-old girl was killed in a pedestrian accident as she was crossing street. The Stockton girl suffered head trauma and burn injuries after being struck by a van. She was taken to the University of California, Davis, Medical Center in Sacramento for treatment.

If you have suffered serious personal injuries as the result of any California accident, including car accidents or pedestrian accidents, it is important to speak to an experienced Stockton injury attorney to answer your personal injury questions and determine your next steps.

Reports indicate that the girl was crossing the street and in the crosswalk with other people when she was struck by a Chevrolet Astro van headed west. A CHP Officer noted "The driver was driving toward the sun, and this shows that sometimes your blind spot doesn't have to be on the sides or behind you; it can be in front of you."

Although it is unknown whether the young girl in the crosswalk was walking or riding her motorized scooter at the time of the accident, the bike caught fire when hit by the van. The fire subsequently burned her arms, legs and chest. The girl was in stable condition when she was flown to the Sacramento trauma center.

Police are investigating whether the woman who was driving the van was speeding or ran a red light. Alcohol doesn't appear to be a factor.

Continue reading "Car Accident Injures Nine-Year-Old Stockton Girl In Crosswalk" »

A recently filed wrongful case examines the responsibility of a bar in the death of a 21-year-old Paso Robles man, Bryan Brady. In Brady v. Pappy McGregor's Pub & Grill, the parents of a man struck and killed by a train have sued the bar for negligence. In California, a wrongful death case may be filed where the careless, reckless or intentional acts of another person or corporation cause the death of another. In these situations, the families and children of the person killed may be entitled to recover damages for their loss. Although the type of compensation available varies, it may include medical costs, loss of love and companionship, funeral and burial expenses and in some instances, punitive damages. A knowledgeable California wrongful death lawyer can provide you crucial advice and help you determine your next steps.

Wrongful death lawsuits can occur in almost any area of personal injury, including car accidents, medical malpractice and workplace accidents. Here, Brady was killed after celebrating his 21st birthday at the Crooked Kilt - a downtown Paso Robles business. Byran was served drinks by the bar employees after he was drunk, violating company policy. A patron of the bar then knocked Bryan unconscious in front of the bar. Bryan allegedly remained unconscious for three to five minutes "in obvious need of medical attention." He was then reportedly carried away from the bar by unknown patrons in an unconscious state and "unable to care for himself and see to his own safety." He was later found dead on a section of train tracks behind the Crooked Kilt after being struck by a freight train.

The parents allege that the bar employees were negligent for several reasons, including serving Bryan alcohol in violation of company policy and failing to call 911 after Bryan needed medical attention. The parents also assert that a "special relationship" exists between business owners and patrons that "imposes a duty of reasonable care" to help those in need of medical attention.

Continue reading "Wrongful Death Case Filed Against Paso Robles Bar in Brady v. Pappy McGregor's " »

A recent article concerning brain injuries revealed a frightening statistic - the number of youth athletes suffering from brain injuries has surged by 60% in the last nine years. The leading causes of head injuries include bicycling, football and playground accidents. Traumatic brain injuries are not only caused by sports accidents, but may occur whenever an individual sustains a blunt trauma to the head. These injuries may be the result of any kind of accident including car accidents, slips and falls, amusement park accidents and medical malpractice.

Where an injury occurs as the result of another's negligence, a victim may be entitled to compensation. If you or a loved one has suffered a traumatic brain injury, an experienced California brain injury lawyer can review the incident, provide answers to your brain injury questions and determine your next steps.

According to the study, the incidence of traumatic brain injuries among youth rose from around 150,000 in 2001 to close to 250,000 in 2009. The director of the Center for Disease Control and Prevention noted that the dramatic increase is likely fueled in part by an increased awareness of the dangers of head injuries and the need for children to been evaluated by a doctor as soon as possible following an accident.

Many times, brain injuries occur without an individual ever losing consciousness and symptoms may not be immediately present - sometimes not showing up until days or even weeks after an accident occurs. Symptoms of even mild traumatic brain injuries may include headaches, dizziness, slurred speech, vomiting and seizures. With immediate treatment, the effects may be lessened or even reversed. However, more severe injuries and those brain injuries left untreated may result in long-term disabilities including:

• Headaches
• Short-term and long-term memory loss
• Confusion/inability to process information
• Communication difficulties
• Paralysis
• Death

Continue reading "Number Of Brain Injuries Continues To Surge" »