10Dec
We all know that dogs are prevalent in San Diego. With the revitalization of downtown San Diego, dogs are being concentrated in area in which they were previously unfamiliar. Further, given our city’s population increase and its “dog-friendly” nature, we are exposed to dogs that are more likely to be hazardous.
California is one of the few states that has a dog-bite statute. The statute does away with the idea that a dog owner must have knowledge of the dog’s dangerous propensities. In other words, you will will liable for your dog’s action even if you, as the owner were not negligent, and the dog had never attacked anyone before.
The victims of serious dog accidents are often times family members, neighbors or a friend of the dog owner. The California dog-bite statute is designed to quicken the claims process by alleviating the need of proving negligence on anyone’s part.
If you or someone you know has been the victim of a dog bite in San Diego please call the Law Office of Harold D. Thompson right away to schedule your free case evaluation. (619) 615-0767
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09Dec
Everyone knows, given San Diego weather, bicyles are hugely popular in the area. But, with popularity comes the danger of a serious bicycle accident.
When you are riding a bicylce there are perils around every corner. Not only must you be concerned about pedestrians, automobiles and the terrain itself but also other folks on bicylces. The negligence of people on the street, driver’s of care or even owners of property can be liable to for negligence that causes you injury.
Bike accidents, unfortunetly, are bound to happen and when the do, they can cause serious injuries. Bike injuries can include broken bones, a concussion, injury to your spinal cord, road burns and even TBI (traumatic brain injuries).
Traumatic brain injuries occur when their is a jolting of the brain that results in its abnormal functioning. More that 1.4 million people will suffer from TBI and of those people 50,000 will die and 250,000 will be hospitalized. It is important that no matter what kind of bike accident you are in, you seek immediate attention because TBI can occur not only from direct impact but also from mere acceleration.
If you or someone you know has been in a bike accident in San Diego please call the Law Office of Harold D. Thompson right away for a free case evaluation. (619) 615-0767
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09Dec
Back in May 2008 a natural gas leak caused an explosion in a hotel under construction in downtown San Diego. Because of the blast 14 people were injured.
Cal OSHA determined that one of the contractors, Sherwood Mechanical Inc., had been responsible for four serious violations that contributed to the accident. Further, they found that employees’ installation of natural gas pipe to be below the standard of care in terms of safety for other employees. As a penalty, Sherwood Mechanical Inc. has been fined $67,500.00
Despite the construction accident, the hotel is still on schedule with more than 400,000 rooms pre-booked through 2013.
If you or someone you know has been in a construction accident in San Diego please call The Law Office of Harold D. Thompson right away to schedule a free case evaluation
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02Dec
California is fortunate to have some of the most areas for boating. Whether you go deep-sea fishing, cruise on the bay or relax with friends on one of our many lakes, California is a boaters paradise. With this privilege comes great responsibility. Here are some simple tips to keep in mind so you avoid those boating accidents.
1. Make sure you take a educational course on safety
2. Make sure everyone has either secure seating or secure footing.
3. Make sure you know the weather before you go out as well as the forecast
4. Avoid excessive consumption of alcohol. There rules of the road apply to the sea as well.
If you or someone you know has been injured in a San Diego boating accident call the Law Office of Harold D. Thompson today for a free consultation. 619.615.0767
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28Nov
Studies have indicated that auto accidents are increasing because of drivers being distracted by cell phones. This despite California banning the use of cell phones, absent a hands-free headset, in the vehicle.
What many people don’t realize is that it only takes a split-second of distraction to cause an accident thereby ruining the lives of others. A cell phone is just one more distraction that takes a driver’s eyes and ears off the task at hand: driving.
Cell phones present a myriad of issues: 1. The driver could be placing a call 2. The driver could be taking a call 3. The driver could be reading or composing a text message or 4. Just looking to see who is calling or texting.
Whatever the scenario, people’s lives are put at risk.
If you have suffered from an serious auto accident in San Diego, do not hesitate to contact The Law Office of Harold D. Thompson
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28Nov
When you suffer from a serious injury, that is not you fault, timing is critical. It is vital that you contact an experienced injury attorney right away before making statement to anyone.
The sequence of events, within the first 48 hours of an serious injury, can either make your case extremely valuable to you or it can render it worthless.
Often times, the insurance company will want you to make a statement and, based on that statement, issue you a check that is FAR below what you are entitled. It is the adjuster’s job to get you to settle the case for as little money as possible to reduce the insurance companies bottom line. Don’r fall for their trap!
Further, we recommended you do not give a recorded statement of any kind without first contacting experienced legal counsel. These statements may be used against later and may significantly prejudice your case.
Contact our office today if you have been the victim of a serious accident. Our experienced attorneys can guide you through the insurance process and secure you competent medical care.
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28Nov
On Thursday, a automobile went off the road, in the East Village district of Downtown, landing on a pedestrian. The driver fled from the vehicle and is being searched for by police.
The injured pedestrian, possibly a homeless man, was taken to a nearby hospital with serious injuries.
The driver of the automobile was last seen running underneath the Interstate 5 freeway towards 19th street.
If you have any information on this auto accident please contact your local police.
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20Nov
Patron brought action against restaurant for breach of warranty, based on food poisoning.
On April 7, 2005, Alexis Sarti and a friend ate at the Salt Creek Grille. They split an appetizer consisting of raw ahi tuna, avocado, cucumbers and soy sauce. Sarti became nauseous and chilled the next day. The day after that she suffered constant diarrhea, fever and chills. The diarrhea continued for the next ten days. By April 19, Sarti was unable to move her legs and having a hard time focusing her eyes. Her mother called the paramedics, who took her to the emergency room. Her admitting physician took a “food history.” She was put into intensive care, where a neurologist diagnosed a variant of quillan-barre syndrome (a disease that damages peripheral nerves). She was tested, and found to have campylobacter bacteria, which was the only pathogen found in the sample. Expert testimony would later indicate that Sarti’s guillain-barre was an idiosyncratic immuno-suppressant reaction to the constant diarrhea brought on from campylobacter.
The jury returned a verdict of $725,000 in economic damages and $2.5 million in non-economic damages (obviously pain and suffering). The trial judge perceived that the jury’s verdict was based on the inference that the practice of using the same wipe down rag (or storing raw meat over raw vegetables, or touching cooked food with chicken tongs that had previously touched raw chicken) had led to cross-contamination from raw chicken to raw tuna.
The trial court dismissed the judgment and Plaintiff appealed. The Court of Appeal opined there was substantial evidence to support the juries finding and reinstated the verdict.
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20Nov
We all know that airplanes are equipped with “black boxes,” which records information used by investigators in the case of the case of a crash, but did you know that in California your car will have have one sooner than you think.
National Highway Traffic Safety Administration estimates that 85% of all vehicles will have an Event Data Recorder (or EDR) by 2010.
In the event of a crash, the EDR records information such as speed, seat belt use and braking characteristics. Law enforcement officials believe that this information will be used to corroborate or discredit any statements made in connection to the auto accident.
In terms of privacy issued the information is the property of the automobile owner and can only be obtained with the owner’s permission or a court order.
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11Nov
Settlement requires cooperation among all participants in serious accident litigation. The parties, their attorneys, and the judicial system itself are all essential elements of this process. To encourage fruitful talks, an emphasis on settlement must prevail. When it does not—when the settlement system fails—one or more players are usually not performing.
The final decision to settle belongs to the client, who may or may not be in a negotiating frame of mind. In viewing this process, there are several reasons why cases stall during the settlement process. Once the parties determine what the barriers to settlement are, a strategy may be adopted to work around or overcome those barriers.
Five possible reasons for cases not settling are:
1. Lack of Understanding—Parties will often emotionally commit to trial, where their grievances will be heard, sympathized with, and publicly redressed. Compromise, as many see it, is unprincipled.
2. Lack of Information—Any evaluation system should be designed to supply the best information possible under the circumstances. Counsel’s failure to supply the necessary information to make judgments regarding settlement, or the client’s failure to recognize the importance of that information results in no settlement being reached.
3. Lack of Attorney Support—Settlement requires the finest of attorney skills. For a settlement to have any chance for success, a lawyer must take the lead, and support the settlement effort. Once the choice is made to explore negotiating serious accidents, the lawyer has a duty to carry out the negotiations with all the skill and competence that can be mustered.
4. Lack of Communication—A lawyer’s failure to convey the evaluation has the same effect as if there had been on evaluation at all. This evaluation must not only be communicated to the client but it must be explained so that the client understands the reasons for the lawyer’s recommendation. All serious accident cases require a thorough examination.
5. Lack of Appreciation of the “Economics” of Settlement—Recently I was involved in a lively trial in which the opposing counsel rejected a sizeable settlement offer. Only his stubborn attitude obstructed settlement. It made little sense, since even under the best of circumstances, the opposing party could not have done as well by going to court and facing a lengthy trial, court costs, the prospects of a time-consuming appeal, and the loss of use of the settlement proceeds in the interim.
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