San Diego Personal Injury Attorney Blog

A 56-year-old nursery worker died Tuesday morning when he got caught in a moving conveyor belt on a composting machine at Evergreen Nursery, Oceanside Police reported in a press release. The victim, Manuel Moreno, of Valley Center, was an employee of the nursery for 20 years. Police responded to the accident at 9:01 a.m. Moreno is believed to have died sometime between 8:15 a.m. and 8:58 a.m. Police believe Moreno somehow got his arm caught on the conveyor belt of the machine and wrapped around the wheel on which the belt turned.

Cause of the Industrial Accident

The California Division of the Occupational Safety and Health Administration is investigating the cause of the accident. Based on the news reports, it is not clear how Moreno became caught in the composter. Investigators will surely look at factors such as what was Moreno doing at the time of the accident, whether the composter malfunctioned in some way or was defective.

Industrial Accident Liability and "Third Party Claims"

It is likely that Manuel Moreno's family will be able to recover California Worker's Compenation benefits for their loss. However, because of the limitations of these benefits, they would be well-advised to contact an attorney about a possible "third party claim," which may be filed against a responsible party other than the victim's employer. If the composter was negligently maintained, or if it malfunctioned due to the way it was manufactured, the maintenance company or the manufacturer could be held liable for Moreno's wrongful death. An experienced California workplace injury lawyer would be able to review the facts of this accident and advise the victim's family of their legal rights in a possible wrongful death claim to compensate them for the unexpected and heartbreaking loss.

Continue reading "Valley Center Man Killed in Accident at Evergreen Nursery in Oceanside" »

The North County Times reported a 17-year-old Carlsbad resident was seriously injured early Thursday morning when she drove a Ford F-150 Truck into a construction zone on Carlsbad Boulevard. The accident occurred near Island Way, at about 1 a.m. on April 15th. The teenager was trapped in her vehicle. Apparently, she had driven about 21000 feet through barrel barricades and a chain link fence. The truck pushed the fence forward until it became lodged under a large excavator.

The teenager, who was not identified, was extricated and transported by helicopter to Scripps Memorial Hospital in La Jolla. Please keep her in your prayers. We hope she makes a full recovery.

Who Was At Fault?

Carlsbad police were investigating why the accident occurred. Based upon the news reports of the incident, it is not clear if the girl was driving recklessly or otherwise at fault, or if something was wrong with her vehicle. If the accident was caused by a defect in the vehicle or mechanical malfuction, such as a faulty gas pedal, the manufacturer of the Ford could be held liable for the Carlsbad accident and the teen's injuries.

Fault and Personal Injury Liability

In situations like this, where it is not entirely clear what happened, injured victims and their families would be well-advised to speak with an experienced San Diego personal injury attorney who can oversee the investigation by law enforcement and determine if the accident was in fact the fault of the auto manufacturer. In any situation where a defect in the vehicle is suspected, the car must not be repaired or altered until it can be inspected, as the vehicle itself is important evidence.

Continue reading "Carlsbad High School Student Injured in Early Morning Construction Zone Crash " »

A 55-year-old man was killed on Thursday, December 24, 2009, in a industrial accident at a lumber storage yard in San Diego. The man, identified by the San Diego Medical Examiner as Alberto Herrera-Garcia, of Ensenada, Mexico, was picking up a load of 20-foot long wood planks when the load fell off the forklift and onto him. Employees at the lumber yard called 911 and paramedics responded. Despite initiating CPR and advanced life-saving measures, Herrera-Garcia died at the scene. The accident occurred at about 9:15 a.m.

The San Diego Police responded to the scene, as well as the San Diego District Attorneys Office and CAL-OSHA. The California Division of Occupational Safety and Health, more commonly known as CAL-OSHA, investigates all industrial accidents resulting in death or serious injury. The cause of this lumberyard industrial accident is currently under investigation.

Continue reading "Ensenada Man Killed in Industrial Accident at Lumber Storage Yard in Otay Mesa" »