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Author: wmlawyers

Can a municipality be sued for injury or death?

Posted on by wmlawyers

The city of Oakland faces wrongful death lawsuit over decayed tree that led to teen's death

Public bodies and public employees do not have blanket immunity from lawsuits. Under California tort law, it is sometimes possible to hold local government entities liable for negligence or intentional acts.

A family is suing the city of Oakland for the wrongful death of their teenage son. Jack Lewis died in December 2015 from head trauma when a tree branch he was climbing in a city park broke and landed on him. Had he merely fallen from the tree, there might be no case. The lawsuit contends the city is legally responsible because it knew the tree was dangerously decayed and failed to act.

Are you thinking about suing a public entity? The procedures are specific and the deadline is quick. Get legal counsel right away from a law firm with experience in such cases.

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Yes, you can sue a government entity

The California Tort Claims Act (Govt. Code Div. 3.6) sets out specific criteria for suing a city, county, school district or other local government body. A public entity may be liable for injury resulting from acts or omission of a public employee within the scope of his or her employment.

In the Oakland wrongful death case, the lawsuit contends that city workers had inspected and performed maintenance on the tree in question. In addition to removing dead limbs from the top of the tree, they had marked a blue dot on the tree indicating that it was dead or dying and should be removed. Oakland's own policy is that trees posing a safety hazard be cut down and removed within 24 hours. The lawsuit contends that the city failed to heed its policy or warn the public.

Before any action was taken, 16-year-old Jack Lewis climbed the tree to join a group of friends to watch the sunset. The branch was approximately 12 inches in diameter – plenty thick for a healthy tree limb to support several people. But evidence shows the branch was decaying, sending the teens tumbling when it split and tragically fracturing Jack's skull.

Time is very critical when suing a public entity

Per California statute, you must notify the governmental body within six months of the injury or death of your intent to file a claim. Failure to give notice before the deadline may nullify your right to pursue damages. At a minimum it creates a significant legal hurdle to get an exception from the court. Do not wait until the last minute.

There is more to filing a claim than simply saying "I want to sue." An experienced personal injury lawyer can gauge the merits of your case, the specific legal basis for your claim, the likelihood of winning compensation and all parties who may be liable.

Other examples of when a public agency could be liable

Every case is unique and dependent upon the facts. In general, the negligence (act or omission) must relate to the job duties of a public employee. For example, you might have a case against the city, county or school for:

  • Dangerous condition of public property causing a slip-and-fall
  • Road defect or construction hazard contributing to a car accident
  • Mugging or sexual assault resulting from inadequate security
  • Medical malpractice at a public health clinic
  • Sexual molestation by a teacher or coach
  • Injuries involving a public transit bus or train

Let an attorney determine where you stand. Personal injury firms typically provide free consultations and represent plaintiffs on contingency – no attorney fees unless they win compensation.

Family Sues Oakland, CA over Teen’s Death from Falling Tree Branch

Posted on by wmlawyers

Winer, Burritt & Tillis LLP, is one of California's leading law firms representing victims of wrongful deaths. The parents of a 16-year-old killed by a falling tree branch contacted the firm and on December 20, 2016, the firm filed a wrongful death claim on their behalf. A wrongful death claim is a death that occurs due to another's negligence, recklessness or malice. Spouses, siblings, sons or daughters may also be allowed to file such a claim.

Winer, Burritt & Tillis LLP is noted for its empathetic attorneys who are committed to giving every client the attention and compassion needed to negotiate the complexities of such cases without an excess of stress. With a very accessible staff, clients are made aware of their case's progress and the firm is thorough in finding ways to obtain maximum recovery of damages.

When the parents of 16-year-old Jack Lewis contacted John D. Winer about their son's death, John Winer filed the wrongful death suit against the City of Oakland, claiming that the City of Oakland knew about the tree's condition because it had been inspected and marked for removal. The City of Oakland's policy that if the tree was deemed dangerous it should have been removed within 24 hours.

Right now, Jack's parents think about Jack every day, and hope this would never happen to anyone else. This story has appeared in dozens of publications throughout California and the U.S., including those in Miami, Houston, Ohio, Connecticut, Idaho and in the Washington Post.

Additional Local Coverage: 

Ghost Ship Fire Claims The Lives of 36

Posted on by wmlawyers

Our community bore witness to tragedy this past weekend, when a fire ravaged a warehouse known as the "Ghost Ship", claiming the lives of 36 victims and counting. It is already being regarded as one of the most destructive structure fires our country has seen in more than a decade.

The devastating impact of this Oakland warehouse fire goes far beyond the 25 or so artists who called the building home. This tragedy will have a lasting effect on those who have lost children and siblings, including families outside of the United States.

Questions Abound

How could something like this warehouse fire occur? There are many questions surrounding the circumstances of the fire, which occurred in a building that, according to a report in The New York Times, has been under investigation for code violations. A likely factor in the large number of deaths is the fact that the building only had two exits.

Despite only being permitted to function as a warehouse, the building was often the site of parties and served as housing for many local artists. The night of the deadly fire, the second level of the warehouse was hosting a large gathering for an electronic dance party.

What liability, if any, do local officials and law enforcement have for looking the other way while the Ghost Ship served as unpermitted housing?

We Have Recovered More Than $150 Million For Fire Victims

One thing we know for certain is that fires are all too common in California and throughout the United States. According to the National Fire Protection Association, there were more than 1.3 million fires reported annually as recent as 2011.

At Winer, Burritt & Tillis LLP, we can help you find the answers to your questions and hold those accountable responsible. If you have lost a loved one in the Ghost Ship warehouse fire, it will cost you nothing to lean on the skill and experience of our Oakland fire lawyers.

Call 800-652-6137 for a free consultation with a proven wrongful death lawyer. No fee if no recovery.

Any dog can bite: An overview of dog bite victim rights

Posted on by wmlawyers

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In her last few days in the White House, the Obama's dog Sunny has made the news by biting a White House guest. Multiple news networks reported the incident, allegedly involving an 18-year-old friend of Malia Obama. The guest was bit near the eye and needed stitches. The White House has not commented on the incident.

The Obama's dog is a Portuguese water dog. Typically, these dogs are not temperamental. According to Your Purebred Puppy, Portuguese water dogs are stable and sensible, and react to strangers in a friendly and polite way. They hold their ground and remain steadfast.

Although there are certain dog breeds known to be more prone to biting, we are reminded that all dogs can bite. Even calm, well-tempered dogs with no biting history.

What happens if I was bit by a dog in California?

In California, individuals who are bit or knocked down by a dog that was inadequately or improperly leashed can sue for injuries or death. This applies to both minors and adults.

The law protects individuals who were bit in a public place or a private place – provided that that individual was there lawfully. The law may not protect someone who was bit by a dog while trespassing on someone else's property.

Dog owners have a responsibility to retain control over their dogs. When they fail to do so, they can be held responsible. Victims of dog attacks may be eligible for significant compensation to cover medical bills, reconstructive surgery, lost wages, and other damages.

If you or a family member has been bit by a dog in California, you deserve to learn about your legal rights and options. Schedule a free consultation by calling 800-652-6137.

Oakland Wrongful Death Suit Receiving National Attention

Posted on by wmlawyers

Family Of Teen Killed By Fallen Limb At Lake Merritt Files Lawsuit Against City

Hoodline.com

Michael and Lisa Lewis have filed a wrongful death suit against the city of Oakland after their 16-year-old son, Jack Lewis, was fatally struck by a broken tree limb at Lake Merritt last December. 

Family sues California city after falling tree crushes teen

AberdeenNews.com

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Daily American Online

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

LancasterOnline

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family Sues California City After Falling Tree Crushes Teen

Cherokeemessengerrepublican

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family Sues California City After Falling Tree Crushes Teen

Okemah News Leader

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Statesville Record & Landmark

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family Sues California City After Falling Tree Crushes Teen

Mustang Times

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Roanoke Times

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Tulsa World

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family Sues California City After Falling Tree Crushes Teen

Barberton Herald

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Lima Ohio

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Lynchburg News and Advance

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Opelika Auburn News

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Idaho Statesman

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

The Daily Progress

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Gettysburg Times- ?6 hours ago?

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Hickory Daily Record

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Morganton News Herald

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

The Herald

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

The News Tribune

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

News & Observer

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family Sues California City After Falling Tree Crushes Teen

The Goldthwaite Eagle

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

The Sun Herald

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

The Olympian

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Oakland: Lawsuit over teen's tree-climbing death seeks to prevent such tragedies

East Bay Times

OAKLAND – Jack Lewis was known for his exuberance and adventurous spirit. The Oakland Technical High School junior was always the first to jump in the water or climb the tree, his loved ones say. Just over a year since the 16-year-old Oakland resident …

Family sues California city after falling tree crushes teen

Lebanon Daily Record

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

The Olympian

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Oakland: Lawsuit over teen's tree-climbing death seeks to prevent such tragedies

East Bay Times

OAKLAND – Jack Lewis was known for his exuberance and adventurous spirit. The Oakland Technical High School junior was always the first to jump in the water or climb the tree, his loved ones say. Just over a year since the 16-year-old Oakland resident …

Family sues California city after falling tree crushes teen

Fresno Bee

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Lebanon Daily Record

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

The Bellingham Herald

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Columbus Ledger-Enquirer

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Myrtle Beach Sun News

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

SCNow
OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

GoDanRiver.com

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

The San Luis Obispo Tribune

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Wichita Eagle

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Lexington Herald Leader

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Tri-City Herald

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Fort Worth Star Telegram

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Townhall ?

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Miami Herald

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Belleville News-Democrat

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

The Telegraph

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Charlotte Observer

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Bradenton Herald

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Merced Sun-Star

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Washington Post ?

OAKLAND, Calif. – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family Sues California City After Falling Tree Crushes Teen

Greene County Herald

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

Beaumont Enterprise

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

NewsOK.com

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Dothan Eagle

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Houston Chronicle OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Washington Times OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family Sues California City After Falling Tree Crushes Teen

Buffalo River Review

At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree. The lawsuit filed Monday …

Family sues California city after falling tree crushes teen

The Southern

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Elko Daily Free Press

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Coos Bay World ?

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

KPVI News 6

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

West Plains Daily Quill

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

The Sentinel

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Columbus Telegram

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Beatrice Daily Sun

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Bloomington Pantagraph

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Sioux City Journal

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Albany Democrat Herald

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Twin Falls Times-News

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Argus Press

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Casper Star-Tribune Online

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

The Courier-Express

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Corvallis Gazette Times

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Herald & Review

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

The Tand D.com

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

The Audubon County Advocate Journal

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Napa Valley Register

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Montana Standard

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

TheReporter.Com

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

TheReporter.Com

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

WAAY

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Monterey County Herald

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Monterey County Herald ?

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

WWSB ABC 7

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Clay Center Dispatch

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

WBAL Radio

OAKLAND, Calif. (AP) — At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

El Paso Inc.

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Bristol Herald Courier

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Grand Island Independent

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Bryan-College Station Eagle

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Scottsbluff Star Herald

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Yakima Herald-Republic

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Greensboro News & Record

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

The Daily Nonpareil

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Watertown Daily Times

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Waco Tribune-Herald

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Clearfield Progress

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Family sues California city after falling tree crushes teen

Bowling Green Daily News

OAKLAND, Calif. (AP) – At least four people in California have been killed when decaying trees have snapped over the past 16 months, including an Oakland teen whose family is suing the city over his death last December while he was climbing a tree.

Auto recall woes continue with recent Ford announcement

Posted on by wmlawyers

2014 has been a year of significant automotive recalls. In addition to the General Motors recall scandal over faulty ignition switches, several other automakers have recalled about 14 million vehicles due to faulty and dangerous air bags manufactured by a Japanese company called Takata.

Not one to be left out, America’s other home-grown auto company is issuing its own air bag-related recalls. Ford recently recalled approximately 745,000 vehicles for an (unrelated) problem that could prevent air bags from deploying during a car accident. With this latest announcement, Ford has recalled about 3.9 million vehicles in the United States in 2014; an amount more than three times higher than its recall total for last year.

If you are a Ford owner and have not been informed directly, here are the details of the recall. Models impacted by the recall include The C-Max, Fusion, Escape and Lincoln MKZ. All sedans and sport utility vehicles have 2013-2014 model years.

As readers may remember, the scandal over the GM recall involved allegations that certain GM officials have known about the dangerous and deadly ignition switch defects for at least a decade. The problem has been linked to dozens of injuries and deaths.

Thankfully, this latest Ford recall has not yet been linked to any accidents or injuries, according to news sources. That will hopefully still be the case once the recall repairs have been completed.

With millions of vehicles recalled this year alone, Americans are beginning to wonder if any cars are reliable and safe. They may also be wondering if any of these companies are trustworthy. Perhaps it is time to give federal regulators better funding and more authority over the auto industry.

Source: The New York Times, “Ford Recalls 745,000 Vehicles for Fault That Could Disable Air Bags,” Christopher Jensen, Sept. 26, 2014

Central California man killed in vicious pit bull mauling

Posted on by wmlawyers

It is commonly thought that the way children behave is a reflection of how they are being raised by their parents. This is not always the case with children, but it does tend to hold true with the temperament of dogs.

Dogs don’t always behave in the way that they should, but most are nonetheless friendly toward all humans that they come into contact with. When dogs are vicious and attack strangers, it is often because of how they have been treated or trained by their owners. And even if a dog has no prior history of aggression before attacking someone, its owner can still be held liable in a dog bite personal injury lawsuit.

A case in nearby Modesto is a tragic example of how dangerous dogs can be when they are allowed to become aggressive and are not controlled by their owners. According to news sources, a 59-year-old man was mauled to death in his own backyard by four pit bulls owned by a neighbor. The man’s 77-year-old mother was also attacked. She survived but had to be put into a medically induced coma due to her severe injuries.

A county sheriff who responded to the scene noted that “I have never seen this level of viciousness in any animal. This is just shocking.” Law enforcement officers shot and killed two of the dogs during the attack, and then killed the other two when they charged at officers trying to catch them.

It’s possible that the pit bulls’ owners will face criminal charges in addition to any civil lawsuits filed by the victims’ families. Vicious attacks like this are almost always preventable, and dog owners cannot afford to take their responsibilities lightly.

Source: The Los Angeles Times, “Pit bulls maul man and his mother, killing him and putting her in coma,” Veronica Rocha, Oct. 15, 2014

City and school district blamed for child’s bus accident death

Posted on by wmlawyers

Assigning liability for automobile accidents seems to be pretty straightforward. But there may be more to consider than just which vehicle collided with the victim and why. Auto accidents are sometimes caused by dangerous road design, poor urban planning and other factors that are not immediately noticeable.

A recent wrongful death lawsuit is a good example. It was filed by the parents of a Modesto, California, family after their 5-year-old son was struck and killed by a city bus. The bus driver is not named as a defendant in the lawsuit. Instead, the plaintiffs believe that the city and the school district are at fault.

On the day of the fatal accident last March, the young boy had just been let out of his kindergarten class for the day and was crossing a two-lane, residential street to meet his mother on the other side. This is when he was struck and killed by a city bus that did not have time to stop.

In their lawsuit, the boy’s parents allege that the city should have chosen a different route for city buses – one that didn’t include a residential street near an elementary school. At the very least, the bus should not have been running on that route during times when children were being dropped off and picked up from school.

The plaintiffs also say that parents frequently complained that the school lacked safe areas to drop off and pick up students, and that student release practices were unsafe in light of the busy traffic around the school. The school district allegedly ignored these complaints until after the fatal accident, the parents say.

These are safety concerns that probably exist in many cities throughout California and around the country. And although changes appear to have been made after the fact, a child’s life is far too high a price to pay for common-sense safety reforms.

Source: The Modesto Bee, “Kindergartner’s parents file wrongful-death claims against Modesto, Modesto City Schools,” Kevin Valine, Sept. 30, 2014

Family’s wrongful death lawsuit sought changes in street safety

Posted on by wmlawyers

When a loved one has been killed by the negligence of another person, it is perfectly appropriate to seek compensation in a wrongful death lawsuit. It may also be necessary in order to reimburse expenses like medical bills, funeral costs and loss of earning potential.

For many plaintiffs who pursue wrongful death claims through an Oakland wrongful death lawyer, however, money is not their only motivation, or even their primary goal. A lawsuit can bring about changes to make sure that no one else has to suffer a fate similar to either the victims or their families.

In late September, a family received a $1.12 million settlement in their wrongful death lawsuit, following the 2012 death of their 12-year-old daughter in nearby Novato, California. The girl’s parents stressed, however, that their lawsuit was not about the money – it was about safer streets.

In September 2012, the girl was riding her bicycle home from middle school. She was struck and killed by an SUV driver who had been speeding and driving inattentively. The family claims that the road itself is dangerous and that changes need to be made.

In 2009, a memo from the city describes the area near the accident as “heavily traveled by pedestrians.” It also notes that “classes and sports teams use the path” and “they often make mid-block crossings.” The speed limit at that time was 45 miles per hour. It was never changed.

The attorney representing the victim’s family has said that there are some simple and inexpensive changes that could make the stretch of road much safer. These include two additional stop signs, a crosswalk and a lower speed limit. Unfortunately, the city did not agree to conduct a safety review of the area as part of the lawsuit settlement.

Poor city planning can create hazardous conditions that make fatal accidents more likely. Although these hazards are not always predictable in the planning stage, city officials should be willing to respond to safety complaints from citizens and make changes as necessary. If they refuse to mitigate an identified hazard, they may be held liable for any injuries or deaths that result.

Source: KTVU, “Family of Novato accident victim settles wrongful death lawsuit,” Debora Villalon, Sept. 29, 2014

Latest recall scandal has no easy solution in sight

Posted on by wmlawyers

2014 has been a big year for auto recalls. The General Motors ignition switch recall scandal was apparently the tip of the iceberg, and many other automakers have either announced or expanded recalls since then.

Among the most pressing recalls at present is one that isn’t just limited to a single automaker. Rather, a single defective part has prompted 11 automakers to recall some 14 million vehicles over the past two years. What do all these vehicles have in common? The answer is an allegedly defective air bag propellant that can explode, sending shrapnel into the cabin of the vehicle.

These defective air bags were manufactured by Takata, a Japanese auto parts supplier. According to news sources, the propellant used to rapidly inflate air bags is either too strong or otherwise unstable. The canister containing the propellant can explode even during minor car accidents. And when it does, metal shards can essentially become bullets. At least three deaths and more than 100 injuries have already been linked to the defective auto part.

Unfortunately, there is a problem beyond the initial defect. The National Highway Traffic Safety Administration is so concerned about the defect that it is warning vehicle owners to “act immediately” to have them replaced. But in many cases, acting immediately is not an option.

Takata does not have replacement parts available for all who need them. This means that repair shops and dealerships cannot fix the problem and are sending customers away.

Toyota is considering simply disabling the air bags until replacement parts are available. Car owners would be urged not to use the front passenger seat. This is obviously not an ideal situation. But under the circumstances, no air bags at all would likely be safer than the defective ones.

A better solution than disabling air bags would be to give consumers loaner cars to drive until their cars are fixed. But most automakers will likely avoid this option if they can due to the costs involved.

The automobile market worldwide is highly competitive and predicated on manufacturing volume. In their efforts to manufacture vehicles quickly and cheaply, automakers cannot continue to cut corners and forego quality control measures. Human lives are too high a price to pay for sales profits.

Source: The New York Times, “Few Answers After an Alert on Takata Airbags,” Hiroko Tabuchi and Christopher Jensen, Oct. 21, 2014

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