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Sacramento Personal Injury Law Blog

Family files wrongful death suit after man dies in police custody

Police officer's number one duty to the public is to protect and serve. This means that sometimes they must engage in dangerous and even life-threatening behavior to protect the public from those that would do them harm. But at the end of the day police are just humans prone to making mistakes and errors in judgment just like every other citizen. Unfortunately, when police make a mistake it can cost a person not only their freedom but in some cases their life.

The family of a southern California man, who died while in police custody, recently announced their decision to file a wrongful death suit. What is known is that on August 12, a female deputy approached a man who police allege looked like he was breaking into a home. Police allege the man resisted arrest and a struggle took place. The deputy shocked the man multiple times with a Taser while another officer arrived to help arrest the man. Although firefighters treated the man at the scene, he later died at a local hospital. Specific details of the incident are still being investigated as the coroner works to complete their autopsy.

Woman attacked by pet monkey survives with minor injuries

Pets can be a wonderful addition to a family unit. In addition to the love and care they can provide, however, there also comes an unfortunate - if usually small - chance of animal attacks occurring involving the pet harming a person. Such a case recently happened and while it doesn't feature the usual animals, a familiar liability issue could arise.

A woman is recovering after being bitten on the arm by a monkey outside of a California pizzeria. The incident started when one of three monkeys a woman was holding ran across the parking lot. The victim picked up the small monkey and was returning it to the owner when the animal attacked and bit her arm. All three monkeys were taken from the owner by animal services because the owner lacked the proper exotic animal permits to own the animals legally. The monkey that bit the woman has been placed in confinement where it will stay for six months to determine if it has rabies.

Family files wrongful death claim after son's death

It is Friday night in Sacramento, and everything is going well, until someone starts to act a little too inebriated. They pick a fight with the first person they see, oblivious to the person's preexisting condition. A few seconds and one punch later, an innocent person is laying on the ground with serious injuries struggling to stay alive. The person who threw the punch suddenly sobers up saying it was only one punch. Whether it was one punch or 10, the law takes people as they are, pre-existing medical conditions and all. This means, regardless of whether they are aware of a pre-existing condition or not, those who cause an injury due to their actions are responsible for the damages their actions cause.

The family of a Cal player who died after a rigorous training run has filed a wrongful death lawsuit against the Regents of the University of California. A defensive end on the football team, the young man was taking part in an intensive supervised training run with other teammates when staff noticed him struggling. After being pulled from the training, the young man, who was diagnosed with sickle cell, collapsed while being taken to the team's medical facility. The county coroner has stated the young man died of a heart condition a position which the lawsuit and family disagrees.

NCAA settlement creates fund for athletes' brain injury tests

As a species we know a lot about ourselves, but one area that is still shrouded in layers of mystery is the human brain. As our understanding of the organ that makes us who we are grows, we continue discovering just how little we really know. One area that has recently grown by leaps and bounds is the interest in the effects of trauma on the brain. This renewed fascination stems from the growing number of athletes in California and across the country who are reporting adverse consequences of their years of athletic competition and repeated concussions and blows to the head.

On July 29, the NCAA agreed to a proposed settlement deal in a class action lawsuit filed against them. The deal would create a $70 million fund that would pay for any current or former athlete's brain testing. The deal also requires the NCAA to strengthen its rules regarding concussions and return-to-play procedures. As critics of the deal point out, the agreement does not settle any cases against the NCAA for actual injuries and the tests paid for out of the fund can be used as evidence to support a claim against the NCAA. Testing is likely to continue for years as there were over 29,000 players who suffered concussions from 2004 to 2009.

Possible DWI kills pregnant woman and injuries others

Drivers in Sacramento need to be vigilant of other vehicles on the road to avoid a car accident. With any kind of auto accident, people are vulnerable to serious injuries and even death. Some accidents are the result of a driver who is behaving recklessly, and this includes a drunk driver. Still, other accidents can simply be the result of circumstances but that does not mean it cannot do a significant amount of damage. Even a single car crash can be devastating if the driver has passengers in the vehicle.

A 20-year-old pregnant woman was killed and three others suffered serious injuries in a single car crash in which the driver is believed to have been drunk. The accident happened in Shasta County at approximately 9:30 p.m. as a Toyota Camry ran from one side of the highway to the other and into traffic. It avoided other vehicles, but hit a fence and flipped over numerous times. Witnesses rescued the people in the vehicle before it caught fire. The woman who died was four months pregnant and died at the hospital. The other people in the car were also hospitalized with two suffering what were termed as "major" injuries. The 36-year-old driver of the Toyota was arrested.

Pedestrian killed in motor vehicle accident when hit by pickup

When there is a motor vehicle accident in Sacramento, there is the possibility that people will be injured or even killed. If the accident is between a car and a pedestrian, the percentages of severe injury to the pedestrian are substantial. An accident victim who is hit by a car could suffer catastrophic injuries that might wind up being fatal. This will leave the family coping with the loss of a loved one following the fatal accident.

A late evening crash claimed the life of a 28-year-old pedestrian. According to the police investigation, the pedestrian was crossing the street when a 2006 Ford pickup truck hit him. The victim was taken to the hospital for treatment, but died. The driver of the pickup, a 48-year-old man, stayed at the scene of the accident and is being cooperative. The investigation continues to determine how and why this fatal accident happened.

Roller coaster hits branch, four injured

Since the late 1800's the United States has had an unending fascination with amusement parks and the exiting rides they hold within. Today, there are countless parks from sea to sea bringing smiles and thrills to the faces of children and adults alike. Entrance to these lands of wonder vary in price from tens to thousands of dollars depending on the experience sought. Unfortunately, not even amusement parks are immune to mechanical breakdowns, negligence, and accidents.

Six Flags Magic Mountain shut down the popular roller coaster "Ninja" after it hit a tree branch. The branch caused the front car to dislodge injuring four people and stranding others on the track. Although all the injuries from the accident were minor, two of those injured were taken to the hospital for observation. The 22 stranded riders were rescued over the course of three hours by firefighters who had to navigate the coaster and trees surrounding it to reach the passengers. The ride, which promises speeds of 55mph while narrowly missing trees and other obstacles, remains shut down as the investigation into the accident continues.

Civil court may be only option for victim's family

There are two main types of law in the United States: civil and criminal law. Cases based on violations of criminal law are heard in a criminal court while cases based on civil law are heard in a civil court. Another major difference, besides the type of cases each court hears, is the burden of proof each court applies. Criminal courts use the stricter "beyond a reasonable doubt" standard while civil courts use a "preponderance of the evidence" standard, which only requires showing the claim is more likely correct than not in order to win.

The family members of the 13-year-old boy who was shot by a police officer while carrying a pellet gun are emotional after prosecutors announced they would not be filing charges against the officer. Prosecutors made the decision after an investigation into the Northern California sheriff deputy's actions. According to protestors, there was only a 10 second delay between the time officers reported a suspicious person and reported shots fired. The victim's family has called on federal investigators to open their own case and the FBI is reportedly looking into the case for civil rights violations. The family has a pending wrongful death lawsuit in federal court that was put on hold pending the D.A.'s investigation.

Road may have caused fatal accident involving teens, dump truck

The roadways Americans enjoy today are a product of over a hundred years of innovation. Everything from the grade of the street to the materials used to build the roads has changed since their initial creation. Although today's roads are smoother, stronger, and in some ways safer than the roads a hundred years ago, there are still improvements to be made. Even today, roadways play a key part in preventing or causing accidents, whether in its angle of a decline or ability to drain water during a heavy rain.

A California community is sending its support to the families who lost their children to a recent tragic accident. The truck accident occurred last Tuesday night as five teen were returning home from a day at the beach. According to police, a dump truck full of wet cement lost the ability to break while on a curvy off-ramp. The truck ran the intersection and hit a PT cruiser full of teens, pushing them down an embankment and landing on top of the car. It took firefighters two hours to pull the teens out of the car using heavy lift tow vehicles and the Jaws of Life. The accident took the life of two teens and left the other three with serious injuries. The driver of the truck was uninjured.

Law protecting young athletes goes to governor for signature

Sports is one of the few activities that can fill parents with an equal level of pride and apprehension. Competitive sports has long been held as a great tool for teaching valuable lessons to the youth. Not only do players learn the value of hard work, cooperation and sacrifice, but they also learn the sometimes harder lesson of losing and rebuilding. These lessons are common to almost all competitive sports, as is the risk of injury.

A concussion or brain injury received while playing high school sports has the potential to create serious problems later in life. Since concussions can be cumulative in effect, the more concussions a youth sustains, the greater the risk. The bill, if signed, will make California one of the few of a growing number of states who are taking steps to protect the safety of their student athletes. Critics of the bill think that there are already substantial rules in place protecting student athletes, even though the U.S. Centers for Disease Control states that nearly four million high school students suffer head injuries every year. Critics also worry that the reduced full-contact practice time outlined by the bill will place the young athletes at a disadvantage when it comes to recruiting for college athletes. Other critics of the bill worry about untrained people performing the assessment needed for a player to return to active participation.

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