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San Jose Personal Injury Blog


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San Jose personal injury attorneysIn California, drowning is one of the leading causes of death for children under the age of four. Even for older children and teenagers aged four through 14, swimming can be extremely dangerous, as fatal drowning is the second-leading cause of death for this age group, behind only automobile crashes. While most drownings and other swimming accidents occur in home swimming pools, a number of children are still injured in and around public pools every year. Responding to the inherent dangers of swimming pools, California has instituted a series of regulations that require the operators of all public pools in the state to adhere to certain safety precautions.

Public Pools

It is important to understand what qualifies as a public swimming pool because the regulations only cover pools meeting specific criteria. A public swimming pool means a structure, whether in-ground or above ground, inside or outside, that is used for recreational swimming. This includes swimming pools, hot tubs, spas, and non-movable wading pools that are:

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San Jose bicycle accident lawyersCycling might be great for your health and the environment, but traveling by bicycle in California is dangerous business. In fact, California has one of the highest cyclist fatality rates in the country, and the problem is only getting worse. Learn more about how you can protect your bicycle riding loved ones in the San Jose area, and what you can do if an injury or accident does happen to you or someone you love.

A Growing and Pervasive Problem

Certain areas in California have received intense criticism for refusing to pass, create, or enforce better laws for bicyclists – and for a good reason. In the first half of 2016, the death toll of cyclists in Southern California had nearly doubled since the same period in the previous year. Further, it is not just Southern California seeing an uptick in fatalities, or in cyclists. More people are commuting by bicycle and many others who would if they did not fear for their lives. Unfortunately, removing that fear may prove to be difficult.

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San Jose catastrophic injury lawyersWhen an accident happens to someone you love, and they end up in the Intensive Care Unit with a catastrophic injury, you may not give much thought to the lighting of the room. All you want is for your loved one to survive and get better. A new study suggests the two could go hand in hand – or, at the very least, that light adaptation to correspond with the time of day may provide long-term health benefits to patients in the ICU.

Circadian Rhythms and ICU Patients

The body’s sleep schedule is guided by the circadian clock. Located in the suprachiasmatic nuclei (SCN) of the hypothalamus, it works by receiving light information from the retina of the eye and then sends the information to various parts of the brain. When there is more light, melatonin production (the sleep hormone) goes down. When it is dark, the body produces more melatonin, which causes the desire to sleep.

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San Jose personal injury attorneysWhen you send your child to school every day, you do so with the expectation that your child’s school, teachers, and administration will do everything possible to keep him or her safe. Accidents, however, do happen, and your child may come home with a bruise or a scraped knee. But what if your child came to you and said that he or she was being sexually abused by a teacher? Assuming the allegations are proven to be true, could the school bear any responsibility for allowing such abuse to occur? A tragic case from the San Jose region recently posed that exact question.

Patterns of Sexual Abuse

In the fall of 2015, a Bay Area teacher was sentenced to 40 years in prison after pleading no contest to charges that he molested four fifth-grade girls, including three at Paradise Valley Elementary School in Morgan Hill between 2012 and 2014. The fourth victim was a student at a school where the teacher worked in 2005. According to reports, the teacher isolated his victims, locking them inside a classroom with paper-covered windows during recess and lunch periods.

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San Jose victim injury lawyersWhile most personal injury cases involve matters of accidental negligence, there are other cases that involve intentional injury to victims. Assault and battery are examples of intentional and potentially compensable incidents. Learn more about tort cases involving assault and battery, including how to determine if you may be eligible for a civil lawsuit case, with help from the following information.

Defining Assault and Battery

Though often used hand in hand, assault and battery are separate acts. Battery is an action or behavior that is meant to cause harm and/or causes the victim to believe they could be harmed. Generally, it does not involve any form of physical contact. Examples of battery might include verbal threats, threatening physical gestures (such as raising a fist), or any other action that might lead a victim to believe they are in imminent danger.

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Corsiglia McMahon & Allard, L.L.P.

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San Jose, CA 95112

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