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Reports of tainted restaurant food are splashed in the mass media from time to time and those reports always raise the issue of food safety in this "fast food" world.  Once the problem has been brought to light and remedial action taken, there is again a lack of public interest.  But if you are the victim of tainted food and have been personally injured, you should know your rights and what steps you should take to protect those rights.

According to the Centers for Disease Control and Prevention, each year, 1 in 6 Americans (or 48 million people) gets sick from and 3,000 die of foodborne diseases.  (See the CDC's official website)  The prevalence of this problem is likely unsettling to anyone reading those numbers.  Putting aside the large scale outbreaks caused by manufacturing or processing negligence, there are often isolated incidents in which a consumer is harmed by tainted food.  For example, there have been reports ranging from large bones being left in a chicken enchilada to a condom being found in clam chowder.  When food is tainted, those selling it to the public may be liable for all of the resulting injuries and damages.

Under California law, if the injury-producing substance is natural to the preparation of the food served, it can be said that it was reasonably expected by its very nature, and the seller may only be liable if negligence in the preparation can be shown.  However, if the injury-causing substance is foreign to the food served, then the seller may be strictly (automatically) liable for the incident.  In those circumstances, the judge or jury will decide whether the substance (1) could be reasonably expected by the average consumer and (2) if it rendered the food unfit or defective.  Because the precise nature of the defect is important in the determination of liability, it is imperative that the victim document the event as best they can, with photographs and by maintaining any uneaten portion of the food.  Additionally, it is important to report the tainted food to the seller and the appropriate health agency as soon as possible.

Compensation for the victims of dangerously defective products, including tainted food, should be an important concern for all Californians.  When an unsafe product, such as dangerous food, causes severe injuries or death, the seller should be held accountable for the injuries and damages they have caused.  An Orange County product liability attorney with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has 20 years of experience handling personal injury and product liability cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been injured by tainted food?

This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
  

Two separate accidents in Orange County on Tuesday night have taken two lives and left three others injured, one in critical condition.  In the City of Orange, a passenger in a Honda Civic was killed after being hit head-on by a Toyota Highlander on Lincoln Avenue near the intersection with Tustin Street.  According to the article in the Orange County Register, the driver of the Highlander was traveling eastbound on Lincoln before it veered into opposing traffic, hitting the Civic head-on.  The male passenger was pronounced dead at the scene, and both drivers were treated for non-life-threatening injuries.  The police are asking witnesses to the accident to call investigators at 714-744-7460

See the Orange County Register article, photographs and video HERE.

In the second Orange County accident, a 17-year-old Stanton boy was killed when struck from behind while helping to push a vehicle off the street in Anaheim.  The crash occurred at about 8:00 p.m. on West Cerritos Avenue near Magnolia Avenue.  The boy and an adult male were helping to push a Honda Civic out of the way because of street sweeping the following day.  A truck struck the boy and the Civic, but the adult was able to get out of the way.  The woman steering the Civic suffered serious head injuries and was taken to the hospital in critical condition.  The boy was also taken to the hospital, UCI Medical Center, where he was later pronounced dead.  The driver of the Honda Ridgeline remained at the scene, and it is unknown whether driver error played any role in the happening of this tragic accident.

See the Orange County Register article, photographs and video HERE.

Just about two weeks, it was reported that the number of traffic fatalities had actually over the last few years, both here in Orange County and around the State.  The two cases above are a tragic reminder that seemingly senseless accidents are still happening with alarming frequency.  While we don't yet know what caused the Highlander in the Orange accident to veer into opposing traffic, driver distraction or driver impairment via alcohol or drugs are potential causes.  Likewise, in the Anaheim accident, it is not known why the driver of the Highlander could not see the Civic and the two people pushing the car before colliding with deadly force.  Presumably it was dark in the area, but headlight illumination would be expected to reveal two pedestrians and a car ahead, in sufficient time to avoid an accident.

Compensation for the victims of serious or fatal traffic accidents should be an important concern for all Californians. When a driver carelessly causes a serious or fatal accident, they should be held accountable for the injuries and damages to the victim and their family.  An attorney with experience at handling Orange County traffic accidents can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling traffic accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by a careless or distracted driver?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Another vicious dog attack has made the news.  According to a story released by KTLA news, two large dogs attacked three children and mauled a man trying to protect the children in Washington, D.C.  The incident was captured on video by a neighbor's surveillance camera.  The man who was mauled, Andre Hawthorne, is being hailed a hero for attempting to stop the attack on the children by getting in between.   Animal Control is reportedly still trying to locate the dogs and their owner.  

See the KTA article and video footage HERE.

What is so disturbing about this story and the video is the relentless nature of the attack.  The two large dogs follow one of the victims on top of a car and what looks like a stroller can be seen falling to the ground.  This shocking video is a testament to how violent a dog attack can be, especially when more than one dog is involved.  Other news coverage (KSDK, Channel 5) reveals that Hawthorne sustained serious bite wounds to both arms in the attack.  The dogs were described as "pit-bulls", and they had to be beaten bloody before they would release their hold on Hawthorne.   Hawthorne's injuries required sutures and both arms were heavily bandaged as a result of the attack.  Once the owner or owners of the dogs have been located, they could potentially face both criminal and civil responsibility for the attack.  Interestingly, Washington D.C. law requires that the owner of a "dangerous" dog maintain liability insurance of at least $50,000.00 for any personal injury their animal may cause.  California does not have any such requirement.

Compensation for the victims of vicious dog attacks should be an important concern for all Californians.  When a child or other victim is bitten and seriously injured, the dog’s owner should be held accountable for all of the injuries and damages suffered by the victim and their family.  An Orange County dog bite attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type. He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a vicious dog attack?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

A motorcycle accident yesterday afternoon in the Inland Empire claimed the life of a 23-year-old rider.  The accident happened at the intersection of Arrow Route and Almond Avenue in the City of Fontana.  According to the article by the Press Enterprise, a driver was making a left turn from Almond onto Arrow when the collision occurred.  The motorcycle rider, Sergio Moral-Perez, was traveling west on Arrow when the collision occurred, and he apparently died at the scene.    The driver of the car and his passenger reportedly sustained minor injuries.  The investigation into the precise cause of the collision is continuing

See the Press Enterprise story HERE.

While left turn accidents are not uncommon, this one seems difficult to understand.  The intersection where the accident occurred is flat and open.  There does not appear to be any impediment to the driver's ability to see Moral-Perez as he was traveling west on Arrow.  However, since the speed of the motorcycle is unknown, it remains to be seen how much time the driver had to see, perceive and react to the approaching bike.  The greater the speed of Moral-Perez on Arrow the less time it would take for him to reach the Almond Avenue intersection.  Drivers often make decisions based on perception and expectation of speed given traffic conditions and speed limits.  Only a complete accident reconstruction will enable investigators to determine fault for this tragic accident.

Compensation for the victims of motorcycle accidents caused by a reckless or careless driver or should be an important concern for all Californians. When a driver makes an unsafe turn and causes a serious or fatal accident, they should be held accountable. An Orange County auto accident lawyer with experience at handling such cases can make a fair assessment of these claims. Mr. Ralph has more than 20 years of experience handling auto and motorcycle accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by a driver making an unsafe turn?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Last week, 19-year-old Abdul Arian was shot and killed by members of the Los Angeles Police Department following a high speed pursuit on the 101 freeway in Woodland Hills.  Prior to the shooting, Arian had called 9-1-1 to report that he had a gun and was going to use it against the police.  Reportedly, he also indicated during his conversation with the 9-1-1 dispatcher that he had a history of being in possession of explosive devices and was not afraid to use them.  From all indications, Abdul seemed set on committing "suicide by cop".  When he exited his vehicle on the freeway and pointed an object in his hands (apparently a cell phone) at police, he was brought down in a hail of gunfire by LAPD officers, who fired perhaps as many as 90 to 120 rounds.  Abdul's family has since brought a suit or claim against the City of Los Angeles, seeking 120 million dollars in damages.

See the latest report concerning the Arian shooting from KTLA news.

Assuming the Arian family pursues their civil claim all the way to trial, then a jury will be called upon to determine whether the LAPD officers acted reasonably under the circumstances.  As for the law applicable to cases like this, there are a few things that should be kept in mind.  First, Arian clearly violated the law for his evasion of the police and failure to obey their lawful commands at the scene of the shooting.  Some force could reasonably be used to effect Arian's arrest.  California statutory law obligates every person to "refrain from using force or any weapon to resist" a police officer's arrest.  However, the critical issue in the Arian shooting will be a determination of whether the LAPD officers "had probable cause to believe that [Arian] posed a significant threat of death or serious physical injury to the officer or others."  In this case, Arian pointed what is now believed to have been a cell phone at the police.  From the video of the shooting, it can be seen that Arian was running away from police and had not fired a single shot since he possessed no weapon.  One has to question whether deadly force was necessary since the suspect was running from police and, to the point of the shooting, had injured no one.  Perhaps less lethal force (a canine or taser) could have been employed.

Compensation for the victims of excessive force by the police should be an important concern for all Californians.  When someone being taken into custody is unnecessarily injured or killed by the police, the police department should be held accountable for all of the injuries and damages sustained.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of excessive police force?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

On Easter Sunday, a little girl in the Inland Empire was attacked by a rottweiler-mastiff mix.  The 3-year-old girl, Hayleh Harger, received such serious bites she had to be transported by air to Loma Linda University Medical Center.  According to KTLA news, the wounds on Hayleh's head and face required 100 stitches and staples to close.  Hayleh's mother, Debra, found her daughter in the dog's mouth and is the one who rescued the 3-year-old from further harm.  The dog had apparently been brought over to the Hargers' house by a neighbor who was watching the dog for a friend.  The owner of the dog is being sought by authorities and, the animal may have to be euthanized, according to officials.

See the KTLA news story and photograph HERE.

All too often dogs attack small victims, particularly children.  When the bite or bites are to the face or head, the result can be especially devastating.  Aside from the pain of the injuries when they occur, there is sometimes the long-lasting injury to the child's emotions.  A dog attack like the one above can leave a young child physically and emotionally scarred for years.  Plastic surgery may help to erase the physical scars, but the emotional injuries may be even harder to remedy.  For these reasons, and others, dog owners are strictly (automatically) liable when their animal bites someone, regardless of whether the dog had ever bitten anyone else in the past.  While there are defenses available to the dog owner, such as assumption of the risk, the majority of the time the owner is found wholly liable for the injuries and damages to the victim.

Compensation for the victims of serious dog attacks should be an important concern for all Californians.  When a child is bitten and seriously injured, the dog’s owner should be held accountable for all of the injuries and damages suffered by the victim and their family. An Orange County dog bite lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a dog attack?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

Finally there is good news about the accidents on California and Orange County roadways.  The number of fatal automobile collisions is actually declining.  According to statistics just released, fewer people died from traffic crashes statewide and in Orange County in 2010 when compared to the year before.  The Orange County Register has reported the statistics from the National Highway Traffic Safety Administration which shows that California had a total of 2,715 traffic accident fatalities in 2010, a drop of 375 from 2009.  In Orange County, 105 traffic deaths were reported in 2010, a fall of 49 when compared to the year before.  

See the Orange County Register article HERE.  

Beyond the drop in traffic fatalities in 2010, the statistics being compiled by NHTSA show a decline in the numbers for the first nine months of 2011.   The number of traffic accident deaths in California has actually been steadily dropping since 2005.  This is also true for Orange County.  While the numbers are clear, the reasons behind them are at least a little murky.  Some ascribe the drop in traffic deaths to the slow economy and less driving.  However, the death rate per million vehicle miles of travel has also dropped steadily for the last six years.  Another factor which may be at work is that the vehicles on the road now are on average newer and safer than they were years ago.  Beyond that, according to the Orange County Register, the California Highway Patrol has indicated more enforcement is also a reason for the drop as all 103 CHP field offices are staffed around the clock.  Of course, the potential for civil and criminal accountability may both play some role in prompting greater care behind the wheel.  Whatever the reason or combination of reasons, the good news remains...fewer lives are being lost because of traffic accidents.

Compensation for the victims of fatal traffic accidents should be an important concern for all Californians.  When a driver operates their vehicle in a negligent or reckless manner causing a serious or fatal accident, they should be held accountable for all of the injuries and damages they cause.  An attorney with experience at handling wrongful death and auto accident cases can make a fair assessment of these claims.    Mr. Ralph has more than 20 years of experience handling automobile accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you lost a loved one because of a fatal traffic collision?

This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

A tragic automobile accident in Orange County yesterday afternoon has taken the life of a teenage girl and left two others badly injured.  According to police in Westminster where the accident occurred, it appears this horrific crash was the result of street racing.  The 18-year-old, female victim, Jessica Dayoan, was a passenger in a red convertible believed to be racing at the time of the collision.  The driver of that convertible has been identified as her brother, Jorel Dayoan, 19-years-old.  So far as police can say to this point, it appears Jorel Dayoan was racing another vehicle, perhaps a grey Dodge pickup, on Hoover Street when he lost control and crossed into the path of a silver minivan, resulting in a devastating impact.  Jessica Dayoan was pronounced dead at the scene, and the innocent driver of the minivan remains hospitalized in serious condition.  Jorel Dayoan was reportedly admitted to the hospital overnight and released this morning.

See the KTLA news story, photographs and video HERE.

The tragic loss to the Dayoan family from this accident cannot be measured, and the same is obviously true for the innocent minivan driver and his family.  This is one of those accidents that is both a tragedy and an outrage.  Street racing at the speeds it would take to cause this horrific collision is just inexcusably careless, and perhaps even criminal.  It has been reported that the driver of the other vehicle racing (the grey truck) may face felony hit-and-run, manslaughter or even murder charges if he or she was directly involved in the fatal collision.  The fact that the driver fled the scene may be some indication of fault as it shows consciousness of guilt.  While it is unlikely any of the victims of this crash or their families will be adequately compensated, the law in California does provide civil remedies for the personal injuries and wrongful death sustained.  Aside from the Dayoan family and their insurance, the driver of the other vehicle racing and his insurer may be liable.  The issue there will likely be one of causation and whether the other racer's actions were a "substantial factor" in causing the collision.  

Compensation for the victims of street racing accidents should be an important concern for all Californians.   When a driver races their vehicle in a reckless manner causing a serious or fatal accident and then flees the scene, every effort should be made to identify them and hold them accountable for all of the injuries and damages they cause.   An attorney with experience at handling hit-and-run accidents can make a fair assessment of these claims.  Mr. Ralph has more than 20 years years of experience handling automobile accident cases.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a loved one been injured or killed in an accident caused by street racing?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.
 

 Fortunately, not everyone has or will experience a slip or trip and fall accident in their lifetime.  However, this type of accident is becoming more and more common here in the United States as the average age of our population increases.  In fact, according to the Centers for Disease Control and Prevention, each year, one in every three adults age 65 and older falls.  These falls are often related to mobility issues common among the elderly, such as unstable or weak hips, knees or ankles.  However, when the neglect of a property or business owner causes or contributes to the happening of a fall, then the injured party should do all they reasonably can to protect their rights.  Absent taking certain, protective measures, a perfectly valid claim or lawsuit may be lost and the injured party may be denied some or all of the compensation they deserve.

The first thing to do when you are involved in any type of slip or trip and fall accident is to determine whether some artificial, dangerous condition played some role in the accident.  For example, if you were to take a fall in a retail store you would want to look at the floor to see if there is something on it (such as a liquid of some kind) that may have caused the fall.  If something dangerous is found, then steps should be taken to identify the source, if at all possible.  Identifying the source will likely aid in proving how long the condition existed and whether the store's employees knew or should have known of its existence.  The next thing to do is to document the scene of the accident with photographs, if at all possible.  Just about everyone carries a cell phone camera with them, and this would be the perfect time to put it to use.  Photographs of the condition causing the fall will likely go a long way to proving negligence, where it exists.  Next, a report (very short and concise) should be made to the property owner through their employees at or near the time of the accident.  If asked to write out an incident report narrative, careful attention should be paid to keeping the description of the accident as short and to the point as possible.  Finally, if there are any injuries sustained, medical attention should be sought and photographs take of any visible injuries.  If all of these steps are followed, then at a minimum the victim of a fall can rest assured they have done all they could to protect their rights, in the event they were harmed by some else's neglect.

Compensation for the victims of slip or trip and fall accidents, caused by a business owner's negligence, should be an important concern for all Californians.  When a business patron is injured because reasonable measures were not taken by a business owner to keep the property safe, the owner should be held accountable and compensation paid to the victim.   An Orange County injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a slip or trip and fall that could have been prevented?

This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.