San Diego County Personal Injury Lawyer - Miscellaneous

Dogs Attack Riverside Woman in Front of her Home

Walton Barber, LLP — Fri, 20 Jun 2008 10:26:31 GMT

In a case nearly identical to one Walton Barber had last year, a Riverside woman was attacked by two Rottweiler dogs in front of her Eastvale home. The woman suffered severe personal injuries, including puncture wounds, lacerations, and a broken arm that requires surgery.

It is unclear how the dogs escaped from their yard, but their owner, who had recently moved from Orange County to Riverside, was dropping his children off at school at the time of the attack. According to reports, the owner expressed remorse about the attack, and promptly handed the dogs over to authorities, who euthanized them.

Walton Barber had a nearly identical case last year when two bulldogs attacked an elderly woman walking her own dog. The woman suffered several puncture wounds, as well as a broken arm. A lawsuit was filed against the owners of the dogs, and a substantial settlement was obtained.

Originally posted at InjuryBoard by Walton Barber, LLP

Hepatitis A Outbreak Linked to San Diego Area Chipotle

Walton Barber, LLP — Thu, 01 May 2008 13:58:37 GMT

The total number cases of hepatitis A contracted at a Chipotle restaurant in La Mesa has grown to 18. Authorities from the San Diego County Health and Human Services Department is advising any person who at the Chipotle on Fletcher Parkway between March 1st and April 22nd, and has symptoms of hepatitis A, to see a doctor right away.

Over 25 of the restaurant’s employees have been tested for hepatitis A, and all were negative for the disease, which is spread through poor hygiene and contracted when someone consumes contaminated food. Symptoms of the disease included fatigue, loss of appetite, fever, dark urine and jaundice.

Any person who believes they may have contracted the disease may contact the San Diego law firm of Walton Barber LLP for a free consultation through this website. More information is also available at the Centers for Disease Control and Prevention.

Originally posted at InjuryBoard by Walton Barber, LLP

Woman Sues County After Dog Attack

Randy Walton — Thu, 31 Jan 2008 10:19:59 GMT

In a case that will be followed closely by attorneys who prosecute and defend cases involving dog bites, a Valley Center woman has sued the San Diego County's Animal Control for failing to take prior action against two dogs who later attacked her.

There's no doubt the attack on Nancy Matthews was brutal. She was attacked by two boxers while trying to protect her 8 and 11-year-old children, and suffered very serious injuries, including deep bites into her scalp, arms, legs and back. She has required blood transfusions and multiple surgeries, and, ironically, cannot return to work as a veterinarian.

As someone who has represented many victims of dog bites, Ms. Matthews is truly a victim and has a great case against the owner of the dogs. But can she sue the local Animal Control? Typically governmental law enforcement agencies enjoy broad immunities that protect them in matters such as this. But if the Animal Control had enough specific information about the dangerousness of these particular dogs and failed to take action, it is conceivable the law would impose a duty upon them to take action.

The County has already filed a motion to dismiss the case and won't go down without a fight. This is a case that we'll follow and keep you posted.

Originally posted at InjuryBoard by Randy Walton

Lifeguard Truck Accident Lawsuit Settled

Walton Barber, LLP — Wed, 16 Jan 2008 20:02:19 GMT

The city of Coronado has paid $141,000.00 to settle a lawsuit filed by a 24-year-old tourist who was run over by a lifeguard truck while sunbathing on a Coronado beach.

The city issued a formal apology to Sarah Bouvet who was hospitalized for two days with injuries to her pelvis, legs and ankles. Her lawsuit sought compensatory damages, and also called for a change in the city's lifeguard practices.

According to officials the city has no plans on changing its policies.

City officials have maintained they have a written policy for driving on the beach and that all lifeguards take driver training classes annually. The training is mandatory and conducted by an outside firm.
City Manager Jim Benson said the city's policies on driving on the beach have not changed, but there is a "heightened awareness on the part of all the lifeguards that you can't assume anything."

Bouvet's attorney said the victim still suffers from some physical and psychological problems.

For more information on this subject, please refer to the section on Truck Accidents.

Originally posted at InjuryBoard by Walton Barber, LLP

Stop the Press! Insurers Overcharge, Payout Less

Walton Barber, LLP — Fri, 11 Jan 2008 09:31:27 GMT

In what can only be call the "No Duh!" story of the week, the Consumer Federation of America has released a study that concludes the insurance industry overcharges U.S. consumers to the tune of about $870 per household.

According to Consumer Federation insurance director J. Robert Hunter, insurance carriers have enjoyed large profits by "methodically overcharging consumers, cutting back on coverage, underpaying insurance claims and getting taxpayers to pick up some of the tab for risks the insurers should cover."

This report is probably no surprise to people who have had to actually make an insurance claim in recent years. Low-ball offers to settle legitimate claims are the norm, often requiring the hiring of a lawyer to get a fair offer.

For the first nine months of 2007, Allstate Corp.'s loss ratio was 51.6 percent, compared with 43.5 percent in the same period of 2006, according to the study. From January to September of 2007, American International Group Inc.'s loss ratio was 53.8 percent, compared with 50.9 percent; St. Paul Travelers Companies Inc.'s was 45.5 percent, compared with 46.8 percent; Progressive Insurance Group's was 58.2 percent, compared with 53.1 percent; Berkshire Hathaway's was 58.6 percent, compared with 56.1 percent and Hartford Insurance Group's was 55.8 percent, compared with 53.2 percent.

The study estimates that the industry's net income after taxes in 2007 will be $65 billion.

Originally posted at InjuryBoard by Walton Barber, LLP

San Diego County Lists Health Inspection Grades

Walton Barber, LLP — Sat, 05 Jan 2008 17:07:45 GMT

If you ever wanted to know the results of the health inspection grades of your favorite San Diego restaurant, now you can.

The San Diego County Department of Health unveiled a new web site last week that will allow the public to view the health inspection grades of about 12,000 restaurants. The site also allows people to ask for complete inspection reports, and instructs people how to file a formal complaint.

So far the site has been a hit - thousands of them.

Liz Pozzebon, chief of the county's food and housing division, said more than 1,600 people had visited the site by Thursday afternoon, and that several people had already filled out "feedback" surveys.
"The general nature of their comments were, 'Great,' and 'I can view this from my Blackberry,' " she said. "So they seem to like it."

Under San Diego County standards, all restaurants are graded on a 100-point system under criteria including, but not limited to, cleanliness, contamination, food from unsafe sources, temperatures food is kept. The objective is to determine the potential for food bourn illness.

An "A" grade means that the restaurant has scored between 90 and 100 points. A "B" grade indicates a score between 80 and 89 points and that the restaurant needs significant improvement. A "C" grade means the eatery got a failing score between 70 and 79 points. "B" and "C" grades do not necessarily close down the facility.

Visit www.sdcounty.ca.gov/deh for more information.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Walton Barber, LLP

This Halloween Stay Safe (and Classy) San Diego

Randy Walton — Mon, 29 Oct 2007 09:26:41 GMT

The Consumer Product Safety Commission has issued its annual reminders to parents as to how to have a fun, but safe Halloween. I can't speak for the rest of the country, but Halloween in San Diego now looks more and more like Christmas. Driving around there are lights on houses, artificial pumpkins, and large inflatable ghosts and witches dot every other yard. By the way, what's up with those inflatable things?

As the holiday grows in popularity, though, so do the dangers associated with it. Therefore, it's good to revisit the CPSC's annual list of the hidden dangers of Halloween (and I don't mean the Goblins under your bed)"

Costumes: Look for flame-resistant fabrics like nylon or polyester. Also, make costumes as visible to motorists as possible by using light colors, and applying reflective tape as a decoration or trim. In addition, kids should wear well-fitting shoes, and should carry a flashlight.

Candy: Tell the kids not to eat any treats until the candy has been examined carefully by an adult.

Toys: Examine any small toys or novelty items given to trick-or-treaters given to kids under three to make sure there are no choking hazards.

Decorations: Make sure all candles and Jack O Lanterns are away from doors where costumes my come into contact with flame. Also, remove from the yard any obstacles that might trip trick-or-treaters on their way to the front door.

These are just a few of the recommendations from the CPSC to avoid personal injury this Hollow's Eve. Be safe, have fun, and stay classy San Diego.

For more information on this subject, please refer to the section on Defective and Dangerous Products.

Originally posted at InjuryBoard by Randy Walton

San Diego Fire Victims Must Not Be Afraid To Ask Insurance Questions

Randy Walton — Thu, 25 Oct 2007 13:53:18 GMT

Like a few hundred thousand other San Diegans, I spent Sunday night in a grocery store parking lot with my neighbors, and Monday night in a hotel room after being ordered to leave my home because of the encroaching wildfires. I'm one of the lucky ones. Unlike about 1,500 other San Diego County residents, I got to take my wife and kids back to a home that, except for ash and soot, and a bit of wind damage, was exactly as we rushed out of it 36 hours earlier.

As I write, the President of the United States is flying over San Diego County, no doubt viewing the black squares on the ground that use to be homes. He has also probably seen the uncontrolled fires that continue to toward other vulnerable neighborhoods.

Many in the media have felt compelled to compare what has happened here to New Orleans after Katrina, but it's not a fair comparison. Katrina was far more devastating. Early estimates place the total damage of the wildfires in the range of $1 billion, while Katrina insurance losses far exceed $40 billion. In addition, during Katrina the very infrastructure of the community was destroyed, here in San Diego most major roads are open, there is power and water available to nearly the entire county, and most public services are being provided.

This is not to say it won't be a Katrina-like experience for those who have lost homes in these fires. Affected homeowners will soon begin a journey down the long road of insurance claims as adjusters decided what's covered and what's not, and as homeowners decide how they can rebuild their homes as quickly as possible with the money available. But all the early indications are that insurance companies are going to be watched very closely as these property damage claims are adjusted.

Here are some helpful suggestions from the California Department of Insurance, who has many agents on the scene.

After a loss has occurred:
Contact your insurance company immediately to report your loss. Follow the instructions given to you by claims personnel. Ask questions if you do not understand your adjuster's instructions. From the beginning, keep a log of the names of the people you speak with along with dates, times, and a summary of the pertinent points of each conversation.
Act prudently to prevent further loss to your property. Insurance policies may not cover ensuing damage if you have not taken reasonable steps to protect against subsequent property damage.
Take pictures documenting damages.
Do not rush into repairs or rebuilding without first considering all your alternatives.
Ask your insurance agent or company representative to help you with your claim, and don't be afraid to ask questions. Your insurer provides an adjuster at no charge to you. If you decide to work directly with your insurer, you still have the right to hire a third-party professional (e.g., public adjuster or lawyer) to help you.
If you hire a public adjuster or attorney to help you with a claim, be certain that the adjuster is licensed and that the lawyer is in good standing. Public adjusters and lawyers will usually require a percentage of the claim settlement for their services. It is important that you understand what services are being provided and the fees that will be charged. Ask your friends, relatives, or business associates for the names of well-regarded professionals in your communit
To verify a public adjuster's license, call the CDI (California Department of Insurance).
To learn about attorneys and standards for lawyer-client fees, or to file a complaint against an attorney, contact the California State Bar at 800-843-9053.
Do not repair or replace your loss without first getting instructions from your adjuster, since your insurer's visual inspection of your loss may be necessary before repairs begin.
Do not throw away damaged property until your adjuster advises you it is all right to do so.

It bears repeating that anyone making an insurance claim must not be afraid to ask questions. It is imporant that you understand the process as it unfolds. Also, as nice and sincere as your insurance adjuster might be, do not assume that he/she has your best interests at heart. Finally, if you believe strongly about an aspect of your claim, be prepared to fight for it. This is, after all, your life and your property!

Originally posted at InjuryBoard by Randy Walton

Insurance Companies Cheat Victims, Increase Profits

Randy Walton — Tue, 16 Oct 2007 11:32:58 GMT

Thousands of Americans are learning a sad insurance secret the hard way, when there's a disaster, insurance companies homeowners count on to protect them from financial ruin routinely pay less in insurance claims than what the insurance policies promise.

Bloomberg News has reported that in the last 12 years, insurance company net income has soared, recording record profits, while paying less to victims of catastrophes who have helped the the insurance companies make those profits.

Property-casualty insurers, which cover damage to homes and cars, reported their highest-ever profit of $73 billion last year, up 49 percent from $49 billion in 2005, according to Highline Data LLC, a Cambridge, Massachusetts-based firm that compiles insurance industry data.
Insurers often pay 30-60 percent of the cost of rebuilding a damaged home -- even when carriers assure homeowners they're fully covered, thousands of complaints with state insurance departments and civil court cases show.
The 60 million U.S. homeowners who pay more than $50 billion a year in insurance premiums are often disappointed when they discover insurers won't pay the full cost of rebuilding their damaged or destroyed homes.
Property insurers systematically deny and reduce their policyholders' claims, according to court records in California, Florida, Illinois, Mississippi, New Hampshire and Tennessee.

It is not uncommon for insurance companies to refuse to pay market prices for homes and replacement contents. Computer programs are used to reduce claims payments, policies are changed with no clear explanation, and sometimes they ask their adjusters to lie to customers.

"It's despicable not to make good-faith offers to everybody," says Robert Hunter, who was Texas insurance commissioner from 1993 to 1995 and is now insurance director at the Washington-based Consumer Federation of America.
"Money managers have taken over this whole industry," Hunter says. "Their eyes are not on people who are hurt but on the bottom line for the next quarter."
The industry's drive for profit has overwhelmed its obligation to policyholders, says California Lieutenant Governor John Garamendi, a Democrat. As California's insurance commissioner from 2002 to 2006, Garamendi imposed $18.4 million in fines against carriers for mistreating customers.
"There's a fundamental economic conflict between the customer and the company," he says. "That is, the company doesn't want to pay. The first commandment of insurance is, 'Thou shalt pay as little and as late as possible.' "

We have seen it again and again in our cases. People with legitimate claims call us to see if the "offer" they received from the insurance company after an accident is a fair one. More often than not, it at least four or five times less than what the case is reasonably worth.

Originally posted at InjuryBoard by Randy Walton

Personal Injury: Production Company Sued As Pretend Military Training Turns Real

Randy Walton — Fri, 12 Oct 2007 09:24:33 GMT

Jesse Klinger was an 18-year-old Marine when he arrived at Camp Pendleton from some training before being deployed to the Middle East. One of the training exercises was designed to simulate the ordeal of interrogation by the enemy, and included actors playing the role of interrogator.

During the mock interrogation, Klingler's mouth was gagged, he was blindfolded and his wrists and ankles were bound behind him. The actors screamed at Kingler and struck him with their hands and feet during the role play, then an AK-47 was pressed into his crotch area and the trigger was pulled, resulting in "dry fire."

According to a personal injury lawsuit filed by Kingler, the interrogators then loaded the AK-47 with blanks and placed the gun up against his right thigh and pulled the trigger, forgetting that even when shooting blanks you are supposed to stand at least 15 away because of the force of the discharge. The shot severely injured Klinger's leg.

Klinger sued Stu Segall Productions Inc., which runs a motion picture and TV studio here in San Diego, and who has claimed it "just forgot" the blank could cause injury.

According to his attorney, Klinger today lives with a giant scar and a big muscle mass lost, and sees a psychiatrist for post-traumatic stress disorder.

The case is set for trial next week.

Originally posted at InjuryBoard by Randy Walton