July 2011 Archives

July 22, 2011

Brain Injury Law Suit Filed Against NFL

NBC news reports that 75 former NFL players have sued the National Football League alleging that the NFL concealed the risks of concussions. Riddell - the helmet manufacturer - has also been included in the lawsuit.

According to the lawsuit, the NFL knew or should have known about the link between brain and head injuries and long-term health problems.

Traumatic brain injuries (TBIs) such as concussions can have serious, long term and sometimes-permanent consequences if not detected and treated. TBIs can occur in a variety of circumstances and arise from a blunt or sudden trauma to the head. Often associated with car accidents, TBIs can occur as the result of any blow to the head, such as a motorcycle accident, a bicycle accident or sports injury as is alleged here.

Symptoms of TBIs may not show up immediately and may be vague - such as headaches, dizziness and confusion. However, if you're received a jolt or blow to your head its imperative to seek medical attention immediately. Where you have been involved in an accident, speaking to a brain injury lawyer is important in order to preserve your right to bring a lawsuit and determine your next steps.

Here, the lawsuit alleges that the NFL "knew as early as the 1920s of the harmful effects on a player's brain of concussions; however, until June of 2010 they concealed these facts from coaches, trainers, players and the public."

Continue reading "Brain Injury Law Suit Filed Against NFL" »

July 16, 2011

Dangerous Conditions - Toddler Dies After Falling Into Glenn County Canal

The Contra Costa Times reports that a toddler has died after falling into an irrigation canal near Bayliss, California. According to the report, the young boy fell into the Glenn County Canal and was in the water for nearly 10 minutes before his mother was able to pull him out and begin CPR.

Emergency responders were initially able to restore a faint heartbeat and the boy was taken to a Sacramento area hospital. He subsequently died. The sheriff's department notes, "We don't suspect negligence."

Whenever a tragic accident occurs on public property the question of safety arises and whether adequate measures were taken to protect against dangers. Generally, property owners have a duty to maintain their property in a reasonably safe manner. This means they must take measures to eliminate dangers they know of or should have been aware of or adequately warn of such dangers.

A warning may be a simple as placing a sign setting forth the potential hazard however, if a sign is not placed in a manner that is visible or sufficiently descriptive, the warning may not be adequate. Similarly, in many instances affirmative steps must be taken to protect against known dangers.

Premises liability cases can occur on any type of property and may involve any type of danger - from an open canal to a spilled liquid at a grocery store, the lack of a fence around a public pool, or the failure to warn of a dangerous construction zone. If an unreasonably dangerous condition exists and you are harmed as a result, it may be possible to recover compensation for your injuries.

Continue reading "Dangerous Conditions - Toddler Dies After Falling Into Glenn County Canal" »

July 11, 2011

Man Receives $750,000 Award for Loss Of Papers

As the result of negligence in allowing a wild-fire to burn unattended, the San Jose Mercury News reports that a former a jury has found a former schoolteacher and her relatives responsible for damages caused by one of Santa Clara County's biggest wildfires. The premises accident occurred after Margaret Pavese illegally began burning paper plates in a 55-gallon metal barrel. The Lick fire burned out of control, damaging 47.760 acres, destroying four homes and 20 buildings in the Henry Coe State Park Area. Also destroyed in the fire were papers a San Jose man - Dan Straus - had inherited from Albert Einstein, including calculations jotted down on onionskin and an envelope.

Pavese was sued for negligence as the result of allowing a dangerous condition to exist.

The concept of "premises liability" provides that owners or occupiers of land have a responsibility to keep their property free from dangerous conditions they knew of or should have known of and/or take reasonable precautions to warn of the unreasonably dangerous conditions.

Here, the jury applied a similar theory to determine that despite Margaret accepting sole responsibility for the accident, the duty to exercise reasonable care and the knowledge of the dangerous conditions created liability on behalf of the other family members. As noted by a representative - "Margaret lit the match, but we were able to convince the jury that the Pareses were all negligent. We really felt we lost a historical treasure."

Continue reading "Man Receives $750,000 Award for Loss Of Papers" »

July 4, 2011

Two Pedestrian Accidents Occur With Trains Bound For Sacramento

KTVU News reports that two separate pedestrian accidents occurred this past Thursday in 2 different train accidents. In one accident, a train headed toward Sacramento struck and killed a pedestrian in San Leandro. Capitol Corridor train No. 528 running between San Jose and Sacramento struck the man while he was crossing Davis Street. In the second accident, San Joaquin train No. 701 from Bakersfield to Sacramento struck a pedestrian west of Merced.

If you have been injured or a loved one has suffered a wrongful death in any type of pedestrian accident, it is important to speak to an experienced Sacramento pedestrian accident lawyer immediately to protect your rights and discuss your next steps.

Pedestrian accidents include any time an individual is struck and injured or killed by a motor vehicle, such as a car, motorcycle, truck or train. Several factors affect whether the driver may be found responsible for an accident and as a result must compensate you for your injuries. For example - was the pedestrian following the rules of the road such as crossing in a cross-walk, crossing with a walk sign or only crossing railroad tracks when the gates are up and no lights are flashing? Conversely, was the driver of the car, truck, motorcycle or train driving responsibly? Was he or she following all safety precautions - including not using a cell phone or texting - was the driver following all appropriate safety precautions and all the necessary rules of the road?

Continue reading "Two Pedestrian Accidents Occur With Trains Bound For Sacramento" »