Personal Injury

December is a time for many types of holiday celebrations and festivities, with families around the country celebrating by covering their homes in decorations. But decorating can bring injury along with cheer for families around the nation. According to the U.S. Consumer Product Safety Commission (CPSC), holiday decorations sent over 13,000 people to the emergency room in November and December of 2010 due to accidents.

Decorations and the act of decorating expose many to dangers in the home and workplace that would not normally be present, or would be less likely without their presence, such as burn injuries and fall accidents. As such, it is important to follow these safety precautions for the holiday by the CPSC:

Christmas Trees

Every year, Christmas trees cause fires in homes around the nation. When selecting a live tree, it is important to check if the tree is fresh and not dry by shaking it and checking for needles that do not break or fall off easily. Place the tree away from heat sources to prevent fires, and any artificial trees that are bought should be official labeled as “Fire Resistant.”

Candles

Only leave candles burning when they are in sight, and candles should be extinguished when going to sleep or leaving the area to prevent fires. Candles should be placed on stable, heat-resistant surfaces out reach of children and away from flammable objects, including trees and decorations.

Holiday Lights

Before using lights, make sure that they have been tested for safety and meet requirements for outdoor and indoor usage, depending on where they are to be used. All lights should be checked for frayed wires, damaged sockets, and loose connections along with extension cords to prevent fires. When stringing up Christmas lights, use precautions and a safe environment to prevent falls and other injuries that may occur during an accident.

Although many precautions can be taken to avoid a holiday accident, they cannot stop accidents caused by the negligent or reckless actions of another party. If you have been injured due to another’s negligence, Van Der Walde & Associates’ Santa Cruz personal injury lawyers can help you win the rightful compensation you deserve for your losses. Contact us today for a consultation at (877) 862-6288.

Along with the tricks and treats of Halloween come some very real hazards parents and children should be aware of when celebrating this October. The Consumer Product Safety Commission (CPSC) recently released tips for preventing Halloween-related accidents and injuries. Parents are urged to follow these tips when selecting costumes and preparing children for Halloween activities.

Costume Tips

• Buy costumes that are labeled flame-resistant or flame-retardant. Costumes made with these materials will resist burning and extinguish flames quickly. This can help prevent burn injuries in the event a costume comes into contact with a candle flame.
• If your child’s costume requires a prop such as a knife or a sword, buy one made of soft material. This will reduce the risk of injury should your child fall on the prop.
• Avoid wearing high-heeled shoes with your costume, as they are not suitable for walking long distances.
• Masks should fit securely so they do not obstruct the vision of the wearer.
• Fit your children’s costumes with reflective tape to make your kids more visible to motorists.
• Avoid buying costumes that drag on the ground, as they can cause kids to trip and fall while walking.

Halloween Decorations

• Do not put a lit jack o’lantern or candle near doorsteps or landings. If someone walks by in a costume, the costume could come into contact with the flame.
• If you expect trick-or-treaters, remove any obstacles from your lawn and porch. This will reduce the risk of accidents.
• Check decorative lights for broken sockets, bare wires, cracked sockets, and loose connections.
• Avoid overloading your extension cords.

When you take these precautions, you reduce the risk of accidents on your property. Unfortunately, other property owners are not as conscientious. If your child suffers an injury during Halloween festivities, you have the right to seek compensation for the associated medical expenses and other costs. The experienced Northern California personal injury attorneys at Van Der Walde & Associates can help. Call us at (877) 862-6288 to discuss your case.

Many people are aware of the tragic cases of physical and mental elder abuse that occur in nursing homes across the country. However, many don’t know about another form of elder abuse that also takes advantage of those who are at their most vulnerable, financial abuse. Elder financial abuse can be carried out in a number of ways, all of which serve to enrich the life of the abuser, including:

• Forging an elderly person’s signature on checks or financial documents.
• Stealing money or personal property from an elderly person.
• Using an elderly person’s possessions without getting permission.
• Coercing an elderly person to update his or her will.
• Getting an elderly person to sign a deed, loan document, or power of attorney document by using coercion, deception, or undue influence.
• Promising to care for an elderly person in exchange for money or property and then failing to provide the promised care.
• Using scare tactics or deception to scam elderly people out of money.
• Using an elderly person’s credit card without permission.

The financial abuser can be anyone who has access to the victim – children, spouses, grandchildren, and caregivers. Abusers may have financial problems, substance abuse issues, or gambling debts. Some abusers specifically seek access to older people by applying for jobs in nursing homes and assisted living facilities. Financial abuse can lead to a significant loss of funds for those victimized.

When you place your loved one in a nursing home, you expect that he or she will receive quality care in a safe environment. If your loved one has suffered physical, mental, or financial abuse at the hands of an abusive caregiver, contact the San Jose personal injury attorneys at Van Der Walde & Associates. We will help you fight for the justice you deserve. Call us at (877) 862-6288 to schedule a free review of your case.

MercuryNews.com reports that a farming accident has left one worker dead. The accident occurred on Wednesday morning on Old Stage Road. The victim was working as a member of a lettuce crew and it appears he became caught between a tractor and another piece of work equipment. Paramedics pronounced the man dead at the scene and the California Highway Patrol (CHP) continues to investigate the cause of the accident.

Farm work can be dangerous, especially when workers do not have the right equipment. Although the cause of this accident is not yet clear, these are some of the most common reasons for accidents on farms:

• Lack of appropriate clothing. Farm workers should wear sturdy footwear and avoid wearing loose clothing that can get caught in machinery.
• Not using personal protective equipment such as earplugs and goggles.
• Malfunction of tractors, hay baling machines, and other pieces of heavy equipment.
• Startled animals kicking or trampling victims.
• Exposure to pesticides and chemicals.
• Exposure to extreme weather conditions.

Employers have an obligation to protect their employees as much as possible by providing personal protective equipment and farm equipment that is in good working order. Employers should also ensure their employees have adequate training in using heavy equipment and other dangerous devices. While many employers take this obligation seriously, others do not which can result in thousands of workers suffering serious injuries each year.

If you or a loved one suffered serious injuries due to a workplace safety issue, the Northern California personal injury attorneys at Van Der Walde & Associates can help. We have a track record of success when it comes to helping our clients seek justice. Call us at (877) 862-6288 for a free and confidential review of your case.

Capitola’s city council is planning to vote on new regulations to govern skateboarding in Capitola Village after a 17-year-old skateboarder plowed into an elderly woman in a crosswalk, causing her to suffer fatal injuries, according to a recent news report from CBS affiliate KION. The accident is not the first skateboarding death in Capitola this year; in April, a 20-year-old man suffered fatal brain damage after crashing on Monterey Avenue. He was not wearing a helmet.

These accidents and others have prompted the Capitola City Council to consider a new ordinance banning skateboarding all the way up to the top of the steep hills that lead into Capitola Village. As experienced Capitola accident injury lawyers, we understand the motivation for such a ban. Local ordinances already prohibit skateboarding in the Village itself, but not all skateboarders realize that skateboarding in the village is illegal. By extending the ordinance, the city council hopes to increase awareness of the no-skateboarding zones and prevent the kinds of fatal accidents that have occurred when skateboarders picking up speed on the hills crash or collide with another person.

Supporters of the new ordinance point out that the increased sidewalk and road traffic around Capitola make skateboarding a perilous activity for both boarders and others sharing the pavement. Opponents, however, insist that skateboarding is a safer mode of transportation than bicycling or motor vehicles, which are involved in far more accidents each year than skateboarders.

Safety on roads and sidewalks is a must, no matter how you choose to travel. If you or someone you love has been injured in a pedestrian, skateboard, or bicycle accident in California, please don’t hesitate to contact the experienced Capitola accident attorneys at Van Der Walde & Associates. Our number is (877) 862-6228. Call us today for a free and confidential consultation. You may also follow our Capitola Lawyers Twitter account.

San Francisco Bay is a beautiful place, especially during the summer, but, in our experience as personal injury attorneys in San Francisco, it can also be dangerous. A 19-foot long dinghy and a 41-foot cabin cruiser collided on San Francisco Bay recently, taking the life of one man, according to a recent news report from KTVU. Days later, one of the boats was still floating upside-down in the Bay while investigators continued to search for the cause of the accident.

The dinghy, a small fishing boat, was anchored out in the Bay on a bright, sunny weekday while its owners, a Vietnamese fisherman and his son, fished. The pair was still at anchor and still had their lines in the water when a 41-foot cabin cruiser, with four people aboard, crashed into the small fishing boat, sending both the fishermen into the water. The older man survived the accident, but his son drowned after becoming trapped underneath the boat. Rescue workers were unable to free him in time to save his life.

The fishing boat is still in the Bay, but the cabin cruiser has been dry-docked while investigators try to determine why its owner, a Santa Cruz resident, did not slow down or turn to avoid colliding with the fishing boat. So far, they say that neither alcohol nor drugs appears to have played a role in the accident.

Boating accidents can cause serious injuries and even death. If you’ve been injured in a boating accident, the experienced San Francisco personal injury attorneys at Van Der Walde & Associates, P.C. can help you seek compensation for your injuries. Call us today at 877-862-6228 for a free consultation. Also, please visit our Van DerWalde & Associates Facebook page for additional information and topics of interest.

An underground explosion in San Bruno last year in one of Pacific Gas and Electric’s underground gas mains leveled several houses and caused eight deaths and multiple injuries in the San Bruno neighborhood of San Francisco. According to an investigative report from The Contra Costa Times, the accident was not the first one PG&E has experienced recently in the San Francisco area. At least 78 similar accidents, some involving explosions or fires, have occurred in PG&E pipelines since 2005, prompting the California Public Utilities Commission to take a closer look at PG&E’s maintenance and safety practices.

Much of PG&E’s gas and electrical equipment is underground, which can increase the risk for accidents, particularly since much of the equipment is aging. The increased rate of accidents since 2005 has caused the California Public Utilities Commission to take a closer look at its own maintenance requirements, as well as PG&E’s safety practices. The commission is attempting to determine whether the increased accidents are merely due to aging equipment or whether some other issue is being overlooked.

Meanwhile, although some of the accidents involving PG&E’s equipment merely result in power outages, others have caused serious injuries. In addition to the eight San Bruno residents killed in September 2010, a San Francisco office worker was severely burned in 2005 in a fire-related to PG&E equipment. That same year, in Berkley a driver was injured when an explosion threw a manhole cover onto his car, causing the vehicle’s airbag to inflate.

Accidents caused by gas or electrical equipment failure can cause victims to suffer serious injuries or death. If you have been injured by defective or poorly maintained utilities equipment, please don’t hesitate to contact the experienced San Jose injury attorneys at Van Der Walde & Associates. We can help you understand your legal rights and assist you in pursuing compensation from negligent parties. Call 877-862-6288 today for a confidential consultation.

It’s that time of year again: decorating the house for the holiday season, visiting friends and family, and host parties. The Christmas season is a time of happiness, but if a person isn’t careful, certain hazards can pose a great risk of personal injury accidents occurring.

A CNN.com article recently featured some safety tips that should be taken into account when holiday decorating this season. According to the article, the U.S. Department of Energy reports that the average home in the U.S. uses about six times as much electricity as a home did 20 years ago, and this is sure to increase even further over the holidays with the addition of indoor and outdoor lights. You should put your lights on a timer so you don’t have to worry about turning the lights off when you go to sleep or leave your house. Setting your lights on a timer can potentially prevent fires from occurring.

The Electrical Safety Foundation International (ESFI) reports that there are approximately 250 fires every year that start with a Christmas tree. Another 170 fires begin due to decorative lights each year. When thinking about purchasing holiday lights, you should consider LED ones, which use only 10 percent of the energy that normal lights use. Additionally, they are cool to the touch, which is very crucial if small children could potentially come in contact with them.

You should also think about purchasing an artificial Christmas tree this holiday season. Fake trees are now made with non-flammable materials, which reduce the risk of a fire and subsequent burn injuries occurring.

Be careful when you are hanging holiday lights and decorations as well. According to the ESFI, about 5,800 people have to be treated in hospital emergency rooms each year due to falls that are holiday decorating-related. You should invest in a small step ladder to help prevent falls from occurring when you decorate.

Lastly, you should use battery-operated candles instead of regular ones. Candles cause over 15,000 home fires every year, according to the ESFI. Battery-operated candles will significantly reduce this risk.

If you do suffer a personal injury this Christmas, and believe it was due to a person or business’ negligence or a defective product, contact the Santa Cruz personal injury attorneys at Van Der Walde & Associates. We will build a strong case on your behalf while you recover from your injury. Call us today at 877-862-6288 to learn about your legal rights and options in pursuing a personal injury lawsuit in Santa Cruz. We offer free consultations.

The number of victims injured by a recent natural gas line tragedy that wreaked havoc on a San Bruno neighborhood is growing, according to a San Francisco Chronicle news article. The pipeline ruptured on September 9, 2010 at around 6:30 in the evening. The company responsible for the pipeline, Pacific Gas and Electric Co., has not yet determined what exactly caused the pipe to explode, which resulted in a total of 38 homes being destroyed, as many as seven more homes being significantly damaged, and many others sustaining varying degrees of damage. More significant, however, are the four lives that have been confirmed lost as a result of the San Bruno gas explosion accident.

While no one is reported to be missing at this time, rescue crews and emergency response teams have only searched about 75% of the homes affected by the explosion. At this point in the rescue effort, a total of 52 people have been injured as a result of the pipeline explosion. Reportedly, many victims suffered smoke inhalation and burn injuries, with at least three people sustaining third-degree burns. Many individuals injured were taken to St. Francis Memorial Hospital in San Francisco for treatment, and their conditions are unknown at this time.

Only time will tell whether or not this tragic pipeline explosion could have been prevented. Companies in charge of public utilities have an obligation to take all necessary safety precautions against accidents, such as the San Bruno explosion, from taking place. In the event that a company is determined to have neglected its responsibility to ensure safety, that company may be held liable for its actions if it is deemed negligent, and may be held accountable for its role in causing injuries to victims associated with the accident.

As rescue efforts continue and clues as to the exact cause of the explosion incident are uncovered, the San Jose personal injury attorneys at Van Der Walde & Associates will stay on top of all new developments. For more information about victims’ rights, please contact us today at 877-862-6288. Our condolences go out to the families and all others affected by this horrendous tragedy.

Fourth of July celebrations have already begun throughout Northern California. While a patriotic spirit is understandable, citizens must not overlook safety when choosing to use fireworks or other potentially dangerous objects. A U.S. Consumer Product Safety Commission (CPSC) study reveals that fireworks-related incidents were responsible for two deaths in 2009 and approximately 9,000 emergency room visits for injuries. According to the CPSC, throughout the 30 days near last year’s holiday, about 6,000 injuries involving fireworks were reported in which half of the injuries related to firecrackers, bottle rockets, and sparklers.

Consumers below the age of 20 are the most prone to fireworks injuries; however, the risk of serious injury or even death still exists for anyone within close proximity of fireworks or other pyrotechnics. Some common fireworks injuries and hazards include:

• Lacerations
• Burns
• Loss of Limbs
• Wrongful Death
• Residential Fires

Parental supervision is very important if legal fireworks are being used. Do not allow young children to ignite or tamper with fireworks or other gadgets. It is also crucial to never throw or point fireworks at another person. To find out more about how you can help prevent severe injuries related to fireworks this Fourth of July holiday, please refer to the CPSC’s website for consumer fireworks safety tips.

The San Jose personal injury attorneys at Van Der Walde & Associates cannot stress enough the importance of consumer safety during the Independence Day holiday both in California and nationwide. Take every necessary precaution to keep your loved ones safe.