Auto Accident Lawyer

Hot tubs can be breeding grounds of bacteria, and can cause Legionnaire's Disease. Be sure your hotel regularly maintains the sanitary conditions of the hot tub and pool. Hot tub water temperatures vary between 90-104 degrees.  Life threatening bacteria can thrive in this warm-water environment.  Without proper maintenance, hot tubs and spas become little factories for the mass production of bacteria, including the organism that causes Legionnaire’s Disease . Read on to learn how you can avoid contracting this serious disease to prevent personal injury or even death . What is Legionnaire’s Disease? Legionnaire’s Disease is caused by the bacteria Legionella.  The disease got its name when an outbreak of the disease occurred at a convention of the American Legion. The Centers for Disease Control and Prevention’s report on Legionnaire’s Disease , states that as many as  8,000 to 18,000 people each year are hospitalized with the disease in the United States.  The actual count is much higher as many cases are misdiagnosed as simple pneumonia.  The symptoms include high fever, chills, and cough, and some may experience muscle aches and headaches.  Those infected usually begin to notice symptoms within 10 days of exposure to the Legionella bacteria. If not treated it can be fatal. What kind of conditions foster Legionella? Legionella bacteria naturally occurs in natural and man-made bodies of water.  It lives in municipal and natural water systems in low concentrations and without public danger.  However, when the Legionella gets in hot tubs, they amplify in scale, sediment and biofilm in the tub system.  It spreads when the water containing the bacteria is aerosolized in water vapor and inhaled into the lungs.  When people breathe in the mist or vapor they breathe in water contaminated with the Legionella bacteria.  Breathing in the vicinity of a hot tub or spa that has not been properly maintained and cleaned is one of the most common forms of transmission. If proper attention is paid to filters, PH and chlorine levels, the bacteria dies and the chance of contracting Legionnaire’s disease from hot tubs and spas is eliminated. How can you protect yourself from Legionella? Safety Precautions for Private Hot Tubs In private hot tubs and spas, simple water tests and the application of chemicals will prevent the growth of the bacteria and spread of the disease.  Most people who own hot tubs are familiar with how to properly care for a hot tub to continue healthy conditions. Hot Tub Safety While Traveling A lot of families travel in the summer months while kids are out of school, and traveling often means fun hotel getaways and relaxing in the hotel’s pool and hot tub.  If your family is planning to stay in a hotel and enjoy the hot tubs and spas, contact the hotel maintenance department and request a test to ensure the spas and pool water is safe and clean with appropriate disinfectants.  If the hotel refuses, find another one .  Most hotels will gladly comply with such a request and then you and your family can relax and enjoy the hot tub or spa with peace of mind. Personal Injury and Legionnaire’s Disease If you or someone you care about contracted Legionnaire’s Disease while in a hotel pool or spa and you’re looking for the right lawyer to represent you, I welcome you to contact the law offices of Frank Penney . I can help get proper compensation for you, and protect other families from being affected by the neglect of some establishments.  I wish you and your family a happy, healthy and enjoyable summer.

Try your case in the beginning, not the end. Make sure you choose a law team investigates right away and finds the facts. In other words, act like your case is going to trial right away by gathering the evidence immediately.  Too many lawyers wait until the end to spend the necessary time and money on a case.  By then, most of the critical evidence is gone, causing problems with the resolution of the case, either by settlement or trial.  For time critical cases, our team dispatches a field investigator immediately.  Our investigator promptly visits the scene to take photos and sometimes video.  He contacts unrepresented parties and witnesses to take statements (do not assume the police officer will ask all the questions).  He hunts for the facts to support our client’s position regarding liability, damages, insurance and financial viability. In a recent case, our investigator uncovered information within weeks of the accident that eventually led to a settlement of $1,200,000 .  If he had waited, the settlement would have been less than half of that amount. In one of our motorcycle cases, an independent witness told the police officer that our client was going “way too fast.”  When our investigator took the witness’ statement and asked her to estimate his speed, her estimate was lower than the posted speed limit!  The insurance company promptly paid the insurance limit of $100,000! Every personal injury attorney will tell you he or she is the best and that they will investigate the case right away.  Unfortunately, most of them define “investigation” as a Google search. Be sure to hire a lawyer who will “hit the ground running.”  Don’t be fooled by empty verbal promises. For more about the results we get for clients, read case studies .

I was strapped to a Harley Davidson Dyna Wide Glide, moving my entire body to the rhythm of the everlasting winding road simply called “The Road to Hana.”  It must’ve been ironic to see an  accident lawyer from Sacramento hoppin’ on his Harley for the ride of a lifetime.  In the middle of nowhere.  The road to Hana is a 68-mile long stretch of desolate highway, meandering through the jungle foliage of east Maui, Hawaii. The road is narrow, steep and requires that you to pass over 59 bridges, 46 of which are only one-lane bridges, requiring oncoming traffic to yield. There are 620 curves cutting through this lush, tropical rain forest, numerous waterfalls, tree tunnels and other beautiful roadside attractions along the way testing your ability to remain attentive to the road. There are no stores, no gas stations, no homes, just lush, water-dripping jungle for over three hours, one way. Several hours later I found myself standing barefoot in black sand at the Wai’anapanapa Black Sand Beach near the small town of Hana. I was amazed at the scenery – a remote, wild, low-cliffed volcanic coastline containing a faint coastal trail, sea caves and natural stone arches relatively untouched by civilization. A few miles down the road I came to the little town of Hamoa and Hamoa beach. This town has some personal connection as my grandmother was born here. I can only imagine where she lived and played as a young girl. On the way back to civilization, I stopped at a rare roadside fruit stand to eat a local banana, coconut and drink some water. As if to save the best for last, Mother Nature offered several full rainbows over the ocean as I hastened my way back to the quaint seaside town of Paia before nightfall. It truly was a day I will always remember. A day I will never forget. I suppose this is the point in my blog entry where I dispense safety tips or legal principles, i.e. wear riding gear and a helmet, defensive riding is key when riding a motorcycle, motorcycle accident cases involve intense investigation, etc. I will refrain because the purpose of this is to simply share an exhilarating day of my life with whoever is reading this. The day I road my motorcycle to “nowhere” was simply put – bliss. Frank D. Penney is both an avid rider and reputable motorcycle accident lawyer , allowing him to truly understand motorcycle injury cases. If you have been involved in a motorcycle accident, hiring a lawyer who knows motorcycles can be invaluable to your case. Call Frank Penney toll free at (888) 873-6639 to discuss your motorcycle accident, or request a free  motorcycle accident case evaluation .

Recently, a vibrant, young Roseville, CA tow truck driver was killed while helping a motorist on a freeway. 100 tow truck drivers drove in the funeral procession to honor his memory and to raise awareness to the California “ Move Over Law .” California motorists are required to take action when approaching an area on the freeway where emergency vehicles are present and displaying emergency lights.  This is known as the “ Move Over Law ,” where motorists must safely move over to a lane not adjacent to the emergency vehicles. If not practical or safe to do so, the motorist must slow down to a reasonable or prudent speed that is safe for the existing weather, road, and vehicular or pedestrian traffic conditions.  Enacted in 42 states, this law is intended to protect emergency workers and personnel at the scene of an emergency incident or other situation where public safety personnel are present. California Vehicle Code section 21809 states: 21809.  (a) A person driving a vehicle on a freeway approaching a stationary authorized emergency vehicle that is displaying emergency lights, a stationary tow truck that is displaying flashing amber warning lights, or a stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights, shall approach with due caution and, before passing in a lane immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, absent other direction by a peace officer, proceed to do one of the following: (1) Make a lane change into an available lane not immediately adjacent to the authorized emergency vehicle, tow truck, or Department of Transportation vehicle, with due regard for safety and traffic conditions, if practicable and not prohibited by law. (2) If the maneuver described in paragraph (1) would be unsafe or impracticable, slow to a reasonable and prudent speed that is safe for existing weather, road, and vehicular or pedestrian traffic conditions. (b) A violation of subdivision (a) is an infraction, punishable by a fine of not more than fifty dollars ($50). (c) The requirements of subdivision (a) do not apply if the stationary authorized emergency vehicle that is displaying emergency lights, the stationary tow truck that is displaying flashing amber warning lights, or the stationary marked Department of Transportation vehicle that is displaying flashing amber warning lights is not adjacent to the freeway or is separated from the freeway by a protective physical barrier. As a Roseville personal injury lawyer , I have seen the devastation wrongful death accidents like this can cause for Roseville  families. I ask that you please remember the “move over law” while driving to avoid causing another tragic accident.

A big rig accident on I-80 in the high Sierra caused a complete shut down on March 18, 2011.  The accident was said to be caused the whiteout snow conditions and a multi-vehicle chain reaction crash.  In total, the semi truck accident involved 6 big rigs and over 40 automobiles. Sgt. Curtis Fouyer from the California Highway Patrol said the big rig rolled over several cars during the pile up.  Unfortunately, the multi vehicle accident turned fatal as one motorist was killed when he stepped out of his truck. More than a dozen motorists were hospitalized with personal injuries, making this one of the worst California semi truck accidents of the season. The pile up was undoubtedly started by a driver or multiple drivers failing to drive attentively in these dangerous driving conditions. The best advice for driving in bad winter weather is not to drive at all, if you can avoid it.  If you must drive in snowy conditions, make sure your car is prepared, and that you know how to handle road conditions.  Here are some safe driving tips for snowy conditions: Decrease your speed and leave yourself plenty of room to stop.  You should allow at least three times more space than usual between you and the car in front of you. Brake gently to avoid skidding.  If your wheels start to lock up, ease off the brake. Turn on your lights to increase visibility to other motorists. Use low gears to keep traction, especially on hills. Don’t use cruise control or overdrive on icy roads. Be especially careful on bridges and overpasses, which will freeze first causing icy road conditions, i.e. black ice. Don’t pass snow plows and sanding trucks. These drivers have limited visibility and the road in front of them will be worse. Don’t assume your four-wheel or all-wheel vehicle will handle all conditions. If your rear wheels skid, take your foot off of the gas pedal and steer gently in the direction your rear wheels are going, i.e. if your rear wheels are sliding left, steer left and visa versa.  You may have to steer left and right several times to get your vehicle under control.  Pump the brakes gently, unless you have ABS then apply steady pressure. If you get stuck, do not spin your wheels.  Turn your wheels from side to side a few times to push snow out of the way.  Use a light touch on the gas to ease your car out.  Do not get out of your vehicle until it is safe to do so.  Look for oncoming traffic or any other dangerous conditions on the roadway.  Get to a safe location immediately. The California Department of Transportation also has a winter driving tips guide to help you avoid big rig accidents like this. If you fall victim to someone else’s negligence, our Sacramento big rig accident lawyers can help.

When you send your child to school, it is with the understanding that the school will keep him or her safe throughout the school day.  There is a “special relationship” between a school district and its students imposing an affirmative duty on the school district to take all reasonable steps to protect its students.  If your child’s safety has been compromised while they were in school, or if you’re worried about an incident occuring on school premises, it’s important to know what your school’s responsibility is to your child.  We all have to do our best to keep our kid’s safe, but sometimes school’s can fall short. School Liability – What you need to know It’s important to know these three main theories of liability against school districts when it fails to protect your child from other students. 1. Negligent Supervision The school district may be held liable for the acts of its employees such as teachers, hall monitors and school administrators if the supervision is negligent .  These cases hinge on what the school personnel should have done; what they did do; and what they failed to do.  Most school districts and schools have written materials (employee handbook or training manuals) that address these issues.  These written materials should have sections devoted to physical altercations and sexual harassment or assault between students.  These materials should contain student-teacher playground ratios, and the supervision requirements during recess, and lunch or other times when students will be moving through the halls.  It is important to compare the school districts rules to the specific facts of each student assault case. 2. Negligent Hiring, Hiring or Supervision of Staff The school district may be held liable when the student assault was facilitated by the district’s hiring and continued employment of personnel who were neither qualified nor properly trained and as a result were ill-equipped to care for the safety of the students left in their care.  The law requires that the school district and schools staff the common areas, such as playgrounds, with competent, trained staff .  There is also a requirement that the school administrators supervise these staff members to ensure they are competently following the rules regarding the safety of students.  The competency and training of staff involved in students assault cases should be investigated. 3. Dangerous Condition The configuration of the school may create a dangerous condition leading to the physical altercation or assault.  This may be especially relevant in sexual assault cases on school grounds.  In these cases, many times a child will be lured to a location such as behind a fence, a dumpster or hedges, some location where the activity can be hidden.  A cause of action for dangerous condition of public property may be used to assert that the layout of the premises created a danger, giving rise to the assault.  This may occur on playgrounds where there is a gap in a fence, a high hedge or misplaced dumpster where children assemble to “hide” from school personnel. What can you do to help keep your kids safe? Review School Handbooks Review the written information (school handbook, etc.) from your child’s school which outlines how the school will handle situations such as sexual harrassment, assault and bullying.  Being familiar with these rules can help your child feel safe and protected while at school, and help you hold the school accountable if something were to happen.  Knowledge is power. Get Involved Get to know the teacher’s, administrators, and personnel who work with your child.  Showing that you are concerned and willing to do your part to improve the safety of the school can go a long way.  If you have a concern about a specific individual who works with your child, voice your concern to the principal or your child’s teacher. If that doesn’t work, petition administrators at the school board level. If you have a concern about the safety of the school grounds, discuss your concerns with other parents, your child’s teacher’s, crossing guards, and your child. Attend community meetings, get involved in your child’s school , write letters, or hold a meeting where parents can meet and discuss the issue, and present ideas to the school board.    Talk to Your Kids Educate your children about the dangers of bullies, strangers, and role play how they can avoid or extinguish dangerous situations.  Teach your kids to never speak to strangers , to tell a teacher if they have been threatened, or if they hear word of a fight. Open communication with your kids about their teachers and the adults they interact with at their school can help keep you in the loop about changes in staff, or other changes you should be concerned about.  Let your kids know that bullying is not okay, and that bullying should be dealt with by adults.  Building a strong trusting relationship with your child and modeling how one should handle confrontation can go a long way in helping your child avoid situations at school.

It sounds like the beginning of a lawyer joke , right?  I actually enjoy lawyer jokes.  Here’s one I like: Question – What’s the difference between a dead snake in the road and a dead lawyer in the road? Answer – There are skid marks before the snake. The variation is there are skid marks after the lawyer.  I always laugh at that one! Thanks to lawyers, these dummies are the only ones with head injuries However, would some products, be as safe as they are without the work of lawyers?  I’m inclined to think not.  I’m so thankful that changes have been to car safety laws to make them safer.  I feel much better about stepping into my car every day because of Here are some improvements to vehicle safety that came about because lawyers made a difference: GAS TANKS .  Several car manufactures, including GM and Ford, designed gas tanks placement, which resulted in fires and explosions even in minor collisions.  As a result of litigation, gas tanks are now universally located within rigid frames. DOOR LATCHES .  Ford’s own engineers identified the problem with its “paddle-style” handles, which allowed the doors to accidentally open in collisions.  But rather than fix the design, Ford covered up the problem through red tape, until held accountable. AIR BAGS .  Auto manufactures have been developing air bag technology since the 1950s, yet were extremely slow in installing it.  By 1988, only two percent of new cars came equipped with air bags.  Courts found that manufacturers knew full well their cars were safer with air bags and that many lives could have been saved.  Eventually, manufacturers were forced to install air bags in all cars. PARKING .  Ford and Chrysler were two manufacturers that experienced systematic problems with transmissions that slipped out of park and allowed their “parked” cars to roll away.  In one instance, a pregnant woman was killed after trying to save her four-year-old daughter in a parked minivan that rolled away.  Ford eliminated the problem after being held responsible twice in court.  Chrysler ignored the problem against its own engineers’ recommendations, until finally litigation and regulatory investigations forced them to recall over a million affected vehicles. ELECTRONIC STABILITY CONTROL .  The popularity of SUVs eventually brought to light the electronic stability problems of certain models.  Ford’s Explorer, built on the already troubled Bronco II frame, experienced a rollover rate more than twice that of other SUVs.  One result of litigation on SUV rollovers was an increased emphasis on the development of electronic stability control. TIRES .  Tire manufacturers from Firestone to Goodyear tried to cover up problems with defective tires and have been held accountable in the courts.  Firestone’s defective tires caused 271 deaths, and the resulting litigation brought tires and their manufacturers under increased scrutiny. SIDE IMPACTS .  When a police officer was left paralyzed by a low-speed, side-impact collision, a court held that the absence of side protection was a design defect.  Now all cars are designed with rigid side-impact protection. ROOF CRUSH .  Vehicle manufacturers, particularly makes of SUVs, had long known roof strength was a critical weakness during rollovers.  Without adequate regulatory standards, it was only litigation that forced manufacturers to begin strengthening roofs. POWER WINDOWS .  As power windows became more common, so did deaths associated with them.  Children were especially vulnerable through accidental depression of rocker-style window switches.  The inexpensive solution, a lift-up style switch, was ignored by several manufacturers in order to cut costs, but litigation eventually forced universal acceptance of the safer switches. SEAT BELTS .  Court cases were a long way in highlighting the dangers of inferior seat belts, or no seat belts are all.  Once example was Chrysler’s defective Gen 3 seatbelt, installed in more than 14 million cars and proven to unlatch in accidents.  Both seat belts and seats themselves were redesigned in response to litigation. SEATS .  Safety engineers call the prevalence of weakened seats the “most egregious, widespread defect to be found.”  Weak seats can collapse in even low speed impacts and kill rear passengers.  Without adequate regulatory standards, only court cases were able to highlight manufacturers’ negligence and force them to install stronger seats in all cars instead of just certain models. So, next time you think of a lawyer joke, go ahead and laugh.  Just remember, we’ve done a few things right.

I love dogs.  My childhood dog was a German Shepard/Doberman Pincher mix named “Bear.”  She had the colors of a black bear, hence the name.  I have fond memories of her and I exploring the backwoods near our home, playing fetch on the lawn and swimming in local ponds.  She was a great dog with a mild disposition.  Unfortunately, not all dogs have such a disposition, whatever the cause may be. Of deaths caused by dog attacks, 44% of the fatalities in the United States are attributable to two breeds: Pit Bull dogs and Rottweilers.  (See “Are Laws Prohibiting Ownership of Pit Bull Type Dogs Legally Enforceable,” May 15, 2000, JAVMA [Journal of American Veterinary Medical Association].)  These breeds in particular are prone to cause devastating dog bite injuries because of the strength of their jaws.  It should be noted that these breeds, with the proper love and training, can be lovable dogs.  My references to dogs in this blog refers to any dog, not just Pit Bulls and Rottweilers. California Civil Code section 3342 states that dog owners are strictly liable for bites from their dog regardless of fault.  The Court in Hicks v. Sullivan (1932) 122 Cal.App 635, 637 held “. . . if the owner’s dog attacks someone, the owner should bear the economic cost of that injury regardless of any showing of fault and regardless of any showing of prior vicious propensities.” This case set legal precedence for future California dog bite law . However, there are certain limitations to strict liability in California dog bite cases .  First, the person who is attacked must in a public place or lawfully in a private place.  Second, there must be a dog bite.  However, this exception is loosely interpreted to include a bite on clothing or can be predicated on other grounds even if there was no attempt to bite.  Delfino v. Sloan (1993) 20 Cal.App.4th 1429. So, strict liability makes it fairly simple to show liability against a dog owner.  However, it is much more difficult to show liability against a landlord if the dog owner is a tenant.  First, the landlord must be previously aware of the dog’s vicious nature.  For example, the landlord must have knowledge of prior attacks or knew the dog had vicious and dangerous propensities .  This can include knowledge that the dog had a vicious reputation, the way the dog was kept and its size and breed.  Radoff v. Hunter (1958) 158 Cal.App.2d 770, 773.  Second, the landlord must have had the right to remove the dog from the leased premises. Lastly, the person who is attacked can be held completely or partially at fault if he or she knew the dog was vicious and could have avoided the attack or provoked the dog.  The facts here would have to be somewhat compelling, especially if it is known that the breed has vicious propensities. So, a dog can indeed be man’s best friend.  But, the wrong type of dog can lead to disastrous results to others and, in some cases, the pocketbook. To take a more proactive approach, check out the American Humane Assosciation’s overview of dog bites for more information on breed-specific legislation, dog bite statistics, and training your dog to avoid serious injury. If you or a loved one does sustain a dog bite injury, it is best to contact a California dog bite lawyer after seeking medical attention.

Investigators have concluded that a Moreno Valley woman was killed by neighborhood dogs in her home last week. The dogs responsible for the attacke were said to be Pit Bull-Weimaraner mixes. Moreno Valley Sgt. Jaime Briones says a forensic dentist determined that the dog bite injuries were indeed the leading cause of death. Police will ask Riverside County prosecutors to file involuntary manslaughter charges against the dog owners, whose names have not been disclosed.  The dogs have been quarantined.

Two people were killed and several others injured when a crowded minivan crashed into an oncoming flatbed trailer in a San Lorenzo car accident .  The driver of the minivan was traveling about 50 miles per hour when his vehicle moved into oncoming traffic.  The driver was apparently talking to a passenger seated behind him when his car began to drift. The trailer intruded into the left side of the van killing the driver and a rear seated passenger in this fatal Alameda County car accident .  The driver and the passenger were in their 30s.  All of the passengers that sustained serious injuries from the accident were not wearing seat belts. A total of five ambulances and four fire response crews with 13 firefighters came to the scene.  The crash is still under investigation by the California Highway Patrol .