The Ghost Ship warehouse tragedy has captured the attention of the nation as new facts come to light every day. Most recently, it was revealed that the City failed to inspect the interior of the property for over 30 years. The City of Oakland has a robust Building and Housing Code and has a number of inspectors that do site inspections around the City every day. While it is hard to believe that a building the size of the Ghost Ship warehouse escaped inspection for so long, it begs the questions, "Was the City negligent? Is the City liable for any of the injuries?"
After the November 8, 2016 election, voters in Oakland, Richmond, and Mountain View have successfully amended or created some form of rent stabilization or eviction protection legislation.
New Oakland Rent Ordinance Amendment
Oakland's Just Cause for Eviction Ordinance and Rent Adjustment Ordinance has been amended by Measure JJ to require landlords to file a petition with the Rent Adjustment Program prior to any rent increases above the Consumer Price Index and has expanded the Just Cause Eviction Protections for buildings built before 1996. The new amendments will go into effect on February 1, 2017.
Pursuant to the new law, tenants living in rental units constructed and approved for occupancy before December 31, 1995 are afforded protection from evictions without "just cause." A landlord can no longer claim an exemption for rental units built after October 14, 1980, and a tenant cannot be evicted without "just cause."
A tenant is no longer required to pay any rent increases beyond the Consumer Price Index without the landlord first seeking approval through a petition.
A woman was killed in an accident in Bakersfield on a recent Sunday morning. This was one of those sad situations in which a person who had too much to drink struck a pedestrian and then drove off without checking on the victim. The person who was the alleged hit and run driver was later located and arrested.
A report by the California Highway Patrol states that a 30-year-old San Leandro woman was walking on Weedpatch Highway. Reportedly, she was heading north on the southbound shoulder when she was struck by a southbound car. It is alleged that the 28-year-old Lamont man who was the driver of the car was intoxicated at the time of the accident.
Traffic in both directions of a roadway in the California city of Fontana was delayed for several hours on a recent Wednesday morning. This followed a fatal bike crash in which a cyclist lost his life. An incident report indicates that the accident occurred shortly after midnight, and police have confirmed the identity of the cyclist.
Fontana police say an eastbound vehicle driver struck a bicyclist who was riding near the edge of the roadway, heading in the same direction. The impact appeared to have been enough to launch the bike rider onto the vehicle's windshield and hood. The car went on to smash into a utility pole, catapulting the cyclist a distance of about 40 feet.
California business owners who offer services at which members of the public can move about their premises must ensure that no hazards exist that may cause physical harm. Known hazards must be addressed, and if they cannot be rectified or removed, clear warning signs must be posted. Injuries suffered on dangerous property may lead to premises liability lawsuits.
A woman in another state filed such a lawsuit to recover the damages she suffered in a fall in 2014. The defendant is a car wash company that provides stalls in which vehicle owners can manually wash their own cars. The plaintiff in this case claims to have laid the floor mats of her vehicle on a dry patch of concrete and then tripped when she later went to retrieve the mats, causing her to fall to the ground.
According to the California Highway Patrol, 10 bicycle accidents had been reported from 2001 through 2014 at a particular intersection in the Berkeley Police Department's jurisdiction. It was also reported that almost 10 percent of employed Berkeley residents use bicycles to commute. The safety and convenience project for cyclists have reportedly not been updated since 2005. Every bike crash serves as a reminder that an updated plan is overdue.
A 42-year-old Berkeley resident landed in the hospital with critical injuries after she was struck by a vehicle on a recent Tuesday. A police report says the woman was riding her bicycle south on a local roadway shortly before 5 p.m. when a vehicle traveling in the same direction collided with her. Emergency workers from the fire department arrived on the scene promptly and extricated the cyclist from underneath the vehicle where she was pinned.
Road users in California will always be at risk of suffering injuries in accidents regardless of the form of transport. However, a victim of a bike crash will likely suffer more severe injuries than a person who has the protection of a car. Bicycle accidents sometimes result in catastrophic injuries such as brain trauma and internal injuries that may even be fatal. The circumstances of a bicycle accident will determine financial liability in a resulting civil lawsuit.
The California Highway Patrol responded to an accident in which a bicyclist was struck by a car. According to a CHP spokesperson, the incident took place in Miramar when a vehicle operator approached Highway 1 from another road. Wanting to turn onto the highway, a female driver reportedly stopped and checked for oncoming traffic but failed to see a bicyclist who was traveling northbound on the southbound shoulder. The woman proceeded to turn and struck the bicycle.
California residents may have empathy with a child in another state who is fighting for his life in a hospital after he was hit by a car. He apparently suffered a traumatic brain injury because none of the bystanders at the accident tried to do CPR after he was struck. A spokesperson for the Red Cross says CPR is actually easy to do and can even be done without breathing into a victim's mouth when people feel uncomfortable doing so.
The child's mother said her 5-year-old boy was excitedly waiting for bedtime to arrive so the tooth fairy could get his first tooth that came out that day. However, before bedtime, he was struck by a vehicle while he was crossing the street. According to the mother, if only one person felt confident enough to perform CPR, his brain could have been saved from oxygen starvation.
California residents, like those in other states, have the right to medical care of an acceptable standard. This means that no one should be worse off after medical treatment than what they were before. Unfortunately, many medical malpractice lawsuits result from such circumstances.
In the conclusion of a recent lawsuit in another state, a jury awarded $90,000 to a man who claimed the amputation of his leg could have been prevented with proper medical care. Court documents indicated that the man reported to the hospital in Jan. 2012 with severe lower left leg pain. After initial treatment in the emergency room, a surgical procedure followed.
A California family is grieving the loss of a beloved great-grandmother who lost her life while crossing a South Sacramento road. At the same time, they are grateful that her great-granddaughter was not with her on that day. The family says the grandmother walks that route every day, usually with the child in tow. The California Highway Patrol is investigating this fatal pedestrian accident.
A preliminary accident report indicated that the 74-year-old pedestrian crossed the road in a crosswalk at an intersection. While she had a white signal to cross the road, a 62-year-old driver in a car also had a green light to go. However, it appears the driver proceeded to turn left without yielding to the pedestrian who was in the crosswalk.