90 people still missing after boat carrying 200 capsizes off Indonesia on its way to Australia

CANBERRA, Australia — Ships and aircraft were searching Friday for scores of men missing after a steel-hull fishing boat carrying about 200 suspected asylum seekers bound for Australia capsized in heavy seas south of Indonesia.Four Indonesian and Australian warships, four merchant ships and five Australian government aircraft had joined the search in 2-meter (7-foot) swells, Australian Maritime Safety Authority spokeswoman Jo Meehan said. Around 90 people, all male, were missing since Thursday’s accident.

An Australian navy patrol boat and three cargo ships had rescued 110 survivors — including a 13-year-old boy — by late Thursday and delivered them to the Australian territory of Christmas Island 200 kilometers (120 miles) to the south early Friday, Meehan said. Three bodies also were recovered.

“The vast majority of the survivors are healthy and won’t need medical attention,” Meehan said. It wasn’t clear where the passengers were from, but most asylum seekers trying to reach Australia are fleeing violence and poverty in nations such as Afghanistan, Iraq, Iran or Sri Lanka.

Home Affairs Minister Jason Clare said while seas were rough, people could have survived if they had life jackets or were clinging to debris as most survivors had done.

“There is the prospect that there are people out there still alive,” he told reporters.

He said about 40 survivors had been found clinging to the upturned hull on Thursday afternoon, while others were discovered clinging to debris up to 6 kilometers (4 miles) from the scene.

Clare said the boat had initially called Australian rescue authorities late Tuesday to report being “in distress,” but gave no location. The crew called back early Wednesday and reported the boat’s position 70 kilometers (44 miles) south of the main Indonesian island of Java. Australian authorities advised the crew to return to Indonesia and reported their situation to their Indonesian counterparts, who had rescue responsibility for the area, he said.

An Australian surveillance plane crew spotted the boat on Wednesday afternoon continuing south toward Christmas Island and showing “no visual signs of distress,” Clare said.

“Nevertheless, at Christmas Island Border Protection Command began to preposition vessels to respond if an urgent request for assistance was requested,” Clare said.

A surveillance plane crew found the boat capsized on Thursday afternoon halfway between Christmas Island and Java, still within Indonesia’s zone of search and rescue responsibility.

He said the boat had made several calls Thursday morning that “raised concerns about the safety of the vessel,” but he did not have details of those calls.

Speaking of Australian rescue authorities’ response, Clare said that “it looks like they took proactive steps.”

“All of the advice I have is that the work between Australian agencies and Indonesian agencies was very good,” he added.

Christmas Island, in the Indian Ocean, is closer to Indonesia than to the Australian mainland. It is a popular target for a growing number of asylum seekers who attempt to reach Australia on overcrowded fishing boats from Indonesia — sometimes with deadly consequences.

Western Australian police were being sent to Christmas Island to attempt to identify bodies.

Gagah Prakoso, a spokesman for Indonesia’s Search and Rescue Agency, said the capsized boat was reportedly carrying 206 people.

Australian Prime Minister Julia Gillard, who is seeking ways to stem the flow of asylum seekers to Australia, discussed the apparent tragedy with Indonesian President Susilo Bambang Yudhoyono in Brazil, where they are both attending a U.N. environment summit.

“At this stage, details are sketchy but what is apparent is there has been a large loss of life at sea,” she said. “This is a very distressing and tragic incident.”

In December 2010, an estimated 48 people died when an asylum seeker boat broke up against Christmas Island’s rocky coast.

Last December, about 200 asylum seekers were feared drowned after their overcrowded ship sank off Indonesia’s main island of Java.

 

Family Seeks Answers In Glenview Drowning

Vicente Cardenas was laid to rest Tuesday, four days after he drowned at a Glenview Park District pool.

While police have closed the investigation, his family is still looking for answers as to why the four year old died at a crowded Glenview swimming center on June 15

Cardenas Family Reaction

“We know he was there at a class field trip and he was not wearing a life preserver,” said Val Gurvits, Vicente’s uncle and the Cardenas family spokesman. “We know that there were approximately 18 children on that field trip and there were seven or eight teachers.”

Vicente, who was less than one week from his fifth birthday and lived in Glenview with his parents, was at Roosevelt Pool with a group of campers from Wesley Day Care Center. His death was ruled an accidental drowning by the Cook County Medical Examiners Office the next day.

Sgt. Dave Sostak of the Glenview Police Department told news sources his department has concluded their investigation into the matter, but did not release any new information about the circumstances of Vicente’s death.

Since 2008, Sostak said there have been 14 incidents where public safety officials have been called to the complex, but nothing involving drowning situations. These occurrences centered on people away from the water such as a visitor slipping and falling on the grounds, he said.

Now, the Cardenas family is trying to find out who was responsible for watching Vicente at the time, Gurvits said, and while he noted litigation has not been ruled out, he added they would still like a more complete report as to what happened that day.

Park District Assesses Liability

On Tuesday, park district officials said the matter and procedures are still under review. According to the park district’s attorney, liability is not a concern.

“I don’t think the park district is liable for this,” said lawyer Edward Dutton.

Dutton said he had not seen a police report or discussed the incident with Wesley officials but promised a complete look at existing rules and regulations will take place.

He also added that while there are no security cameras at the pool, there are several throughout the park district grounds.

According to park district officials, 15 lifeguards plus a manager and an assistant manager were on duty at the time Vicente drowned.

Additionally, the Cook County Department of Health inspected Roosevelt Pool on Monday and found the park district was in compliance with all regulations, according to a press release.

Wesley officials did not return a phone call Tuesday requesting further comment on the matter, but Executive Director Ellen Fagerburg told Patch over the weekend that the situation was under review.

DCFS spokesperson Kendall Marlowe told the Chicago Tribune the state welfare agency had never investigated the Glenview-based child care center outside of minor licensing violations for “routine matters of record keeping and paperwork.”

Operations Moving Forward

In the wake of the incident, the Park District shut down pool operations over the weekend. Now open for individuals and families, the Park District announced Tuesday.

“We are taking it week by week,” said Park District Executive Director Chuck Balling. “We are going through the process right now of looking at all of our policies and we are assisting the Police and Fire Department.”

Balling also explained the safety procedures that are already in place.

Before any individual can be certified as a lifeguard, he or she must complete a 24-hour certification course in addition to a series of other training measures, he said.

Lifeguards are also required to complete weekly in-service training sessions throughout the season, Balling told Patch, and new lifeguards are placed in a two-hour shadowing process before they are allowed to watch swimmers on their own.

As for attendance numbers at the time of Vicente’s drowning, Balling said there were 750 people in the area, which is slightly more than half of capacity.

Despite those numbers, many readers expressed concern in the comments section on Patch about the amount of swimmers allowed at the pool.

“I’m not surprised it happened,” wrote Francesca Meder, who has been going to the Roosevelt pool for two years. “I just thought it was crazy as to how many campers they allowed at once. I intentionally did not sign my five-year-old son this year at the Park District because I thought it too crowded for safety.”

Swimming Pool Drownings and Wrongful Death liability

The Law Offices of Gary A Kessler has successfully represented numerous families and individuals that have suffered serious injuries and deaths from swimming pools, association pools, jacuzzis, spas/ hot tubs, water parks and whirlpool bathtubs.

The laws regarding swimming pool drowning death cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced swimming pool drowning lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The California wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one in a tragic drowning accident.  The Law Offices of Gary A Kessler carefully selects its wrongful death/drowning cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your drowning/accidental death case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and expert witnesses to prepare for trial of your case.  As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no atoorneys fees or costs are owed to our firm.

 

 

Woman, 66, killed in Waste Management plant accident in San Leandro

SAN LEANDRO — A 66-year-old great-grandmother was killed Monday when she was struck by a bulldozer while working at a Waste Management plant, a company spokeswoman said.

Evangelina “Eva” Macias, of San Leandro, was struck by the vehicle while working as a traffic director in the plant’s public drop-off zone at 2615 Davis St, spokeswoman Karen Stern said.

Alameda County fire provided emergency care around 2:55 p.m. after responding to reports that the woman’s hips and legs were crushed in the accident, fire officials said.

Macias, a plant employee for nearly 13 years, then was taken to a hospital where she was pronounced dead Monday evening, Stern said.

The man driving the bulldozer, a Waste Management employee since 1990, has been placed on paid administrative leave while the sanitation company investigates the fatal accident, the spokeswoman said. Waste Management officials did not provide specific details about the incident, saying they still are trying to determine exactly what happened.

“We’re conducting a thorough investigation, and we’re all trying to determine what could have led to this event,” Stern said. “Our employees are trained extensively in safety and all wear yellow vests and hard hats while working.”

Waste Management officials visited the Macias family at their San Leandro home Tuesday.

Macias’ daughters described her as a family-oriented woman who had a positive attitude and enjoyed

shopping and singing Mexican folk songs. She especially liked to stay busy.

 

“She loved to work,” her daughter, Maria Macias, said, her voice cracking with emotion. “She was a workaholic, and she refused to retire.”

Macias and her husband, Victor, 62, raised their three children in the East Bay, where they settled in the early 1970s, family members said. Eva Macias was born in La Palma, Mexico, a small town in the state of Michoacan — about 125 miles west of Mexico City. The couple immigrated to Illinois in 1968 before moving to Northern California a few years later. A mother of three children, Macias had five grandchildren and four great-grandchildren, her daughter said.

“She was outgoing and friendly,” Maria Macias said. “She had friends everywhere, and she loved to get together with family and cook.”

Macias’ daughters said they are planning to schedule a viewing for Sunday and funeral services for Monday but still are finalizing the details.

In addition to her husband and elder daughter, Macias is survived by her daughter, Anna Macias; and was predeceased in 2000 by her son, Rafael Macias, family members said.

On Monday afternoon, operations at the Waste Management drop-off area were suspended after the fatal accident, while other work at the 52-acre plant continued for the rest of the day, Stern said. All operations resumed Tuesday at the drop-off area, where the public is encouraged to deliver wood, metals and recyclables for plant employees to sift through.

Macias’ co-workers are a core group of 22 employees who had performed six years of injury-free work before the fatal accident, Stern said.

Waste Management officials provided grief counselors for plant workers Tuesday, as well as a 1-800 number for employees to call for counseling, the spokeswoman said.

“It was a tragic accident and we’re all dealing with the loss,” Stern said. “Needless to say, it’s devastating to our employees. Our hearts go out to her family.”

The death is being investigated by Cal-OSHA, said agency spokesman Peter Melton.

Beyond Workers’ Comp

Many injured  workers assume they are only able to receive workers’ compensation benefits for injuries on the job site.  A careful analysis of the accident by an attorney experienced in construction injury claims may reveal other sources of financial compensation.  If an employee of another subcontractor was responsible for the falling debris that injured you, we may pursue an injury claim against his or her employer, for example.  A general contractor who failed to maintain a safe workplace may also be liable.

The Law Offices of Gary A Kessler have a long history of winning impressive results for construction injury victims and the family members of those who died a wrongful death due to construction accidents.

Demand accountability from those responsible for the dangerous conditions of  workplace site accidents.  Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a complex case.  We at the Law Offices of Gary A Kessler have twenty years of litigation experience and know how to handle the insurance companies to your advantage.  We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial.

The laws regarding workplace accident cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced construction accident lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

With over 20 years of experience, Gary A Kessler has earned the respect of our colleagues and the courts in California and nationwide for our personal injury work.  We have achieved a winning record on behalf of our clients, and we are proud of our successful cases that lead to safety improvements through strengthened laws and product recall.

If you or a loved one has suffered a serious injury or lost a loved one in a workplace accident, we encourage you to contact the Law Offices of Gary A Kessler today for a free consultation.

 

 

 

 

 

 

 



 

Cal-OSHA investigating Arvin tank explosion that kills one, critically injures another

ARVIN — The explosion of a decommissioned crude oil tank in a vacant field just north of a stretch of businesses killed one man, critically injured another and left questions unanswered about what safety procedures the men used as they worked on the tank.

The men were using a torch to dismantle pipes on top of the tank when vapors inside ignited, blowing the 16,800-gallon container some 30 feet in the air and a distance of 79 feet, firefighters reported.

Arvin resident Cesar Martinez, 24, was carried some 50 feet into the air and more than 100 feet away, Kern County Fire Department Capt. Derek Tisinger said. Martinez died just after 9 a.m.

The other worker, identified by their employer Sky-Brand Services as 33-year-old Eric Robles, was thrown into a nearby chain-link fence.

The workers believed the tank was empty, Tisinger said.

The incident happened in the 300 block of Campus Drive, in a field a couple of hundred feet behind a Dollar Tree.

There was no resulting fire and no other people were injured, officials said. No evacuations were required.

Iram Rocha was in the area talking to an Arvin police officer when it happened. He said he saw a big piece of the tank fly and a man’s body fly through the air.

“You could feel it all over,” Rocha, speaking through a Spanish translator, said of the blast.

The person he saw had suffered obvious head trauma, Rocha said. Rocha was so shaken by what he observed that he walked to a patch of grass behind a nearby Burger King just to be alone and get his emotions under control.

Cal-OSHA investigators determined the two men were assigned to demolish the tank and that Martinez was removing pipe that was to be recycled as scrap metal, agency spokesman Peter Melton said.

“He was using a cutting torch on an enclosed pipe, and apparently gas might have escaped and it ignited,” Melton said. It was unclear who owned the tank and when it was decommissioned, he added.

Sky-Brand partner Dale Hill said Martinez and Robles were removing steel pipeline from the exterior of the tank. He said the company has done similar work on numerous oil tanks and hasn’t had problems.

“We do everything we can to make sure every precaution is being taken,” Hill said

In the oil industry, however, the common practice is to keep all flames at least 50 feet away from an oil tank, said Bakersfield oilman Chad Hathaway.

“Fire and gas, they don’t make a good combination,” he said.

Sky-Brand specializes in site cleanup and demolition work, removing scrap metal and selling it, Hill said.

He said he hadn’t yet been able to talk to the Martinez family, and they were being looked after by family and friends. He said the accident has left him and others devastated and the business is looking to see what the final investigation turns up.

Martinez had been employed by Sky-Brand for two years, Robles for six months, Hill said.

The tank’s operator of record was Davis-based Sun Mountain Oil and Gas, according to the California Division of Oil, Gas and Geothermal Resources. The division also reported that the accident took place in the H.S. Jewett lease in the Mountain View oil field.

Sun Mountain Oil and Gas could not be reached for comment Tuesday.

Arvin Police Chief Tommy Tunson walked around the blast area, surveying the scene. Arvin police provided traffic control and made sure residents didn’t cross the yellow emergency tape roping off the area.

Tunson described the incident as very tragic and he expressed his condolences to the family of Martinez and Robles. He said firefighters responded immediately and did an excellent job.

Police will not be involved in the investigation as it’s an industrial accident, he said.

“If the wrong thing is done I guess anything can happen,” Tunson said regarding the power of the explosion.

The explosion was not close enough to impact Arvin High School operations, but some kids who walk home on Campus Drive were rerouted, said John Teves, spokesman for the Kern High School District.

Fourteen county firefighters responded to scene, where they were assisted by the county’s Environmental Health Services Department, Hall Ambulance, Arvin Police, Pacific Gas & Electric Co. and a chaplain from Kern Medical Center, Tisinger said.

Cal-OSHA’s Melton said the agency’s investigation could take up to six months, during which time it hopes to find out exactly what the two men were doing, what safety precautions were taken, what regulations apply to demolishing such equipment and whether the right tools were being used.

Beyond Workers’ Comp

Many injured construction workers assume they are only able to receive workers’ compensation benefits for injuries on the job site.  A careful analysis of the accident by an attorney experienced in construction injury claims may reveal other sources of financial compensation.  If an employee of another subcontractor was responsible for the falling debris that injured you, we may pursue an injury claim against his or her employer, for example.  A general contractor who failed to maintain a safe workplace may also be liable.

The Law Offices of Gary A Kessler have a long history of winning impressive results for construction injury victims and the family members of those who died a wrongful death due to construction accidents.

Demand accountability from those responsible for the dangerous conditions of the construction site accidents.  Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a complex case.  We at the Law Offices of Gary A Kessler have twenty years of litigation experience and know how to handle the insurance companies to your advantage.  We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial.

The laws regarding construction accident cases are complex and include many facets of the law. It is vital to surviving family members to seek the advice of an experienced construction accident lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

Fires and explosions are sudden and devastating, destroying homes and buildings, and causing physical injuries and death.  Burn injuries are painful and disfiguring, and require long recovery periods.  Smoke inhalation, and inhalation of toxic fumes and gases from flammable fabrics and furniture stuffed with polyurethane foam, cause added injury and increase the likelihood of death.

The Law Offices of Gary A Kessler regularly represent plaintiffs in cases of catastrophic injury and wrongful death in fires and explosions caused or exacerbated by unsafe premises, unsafe construction sites, and unsafe products.

Faulty electrical wiring and furnaces, gas leaks, malfunctioning or absent smoke detectors, inaccessible or inadequate escape routes, the pressence of flammable fabrics and furniture, and the presence of dried vegetation that can fuel wild and urban interface fires are all examples of sources of liability for property owners or product manufacturers.

Determining the cause of a fire or explosion requires extensive experience and thorough investigation involving engineering, electrical, and gas line experts as well as fire scene experts.  The Law Offices of Gary A Kessler has the experience and the resources to effectively prepare and litigate cases on behalf of plaintiffs and family members injured or killed in fires and explosions.

With over 20 years of experience, Gary A Kessler has earned the respect of our colleagues and the courts in California and nationwide for our personal injury work.  We have achieved a winning record on behalf of our clients, and we are proud of our successful cases that lead to safety improvements through strengthened laws and product recall.

If you or a loved one has suffered a serious injury or lost a loved one in a fire, we encourage you to contact the Law Offices of Gary A Kessler today for a free consultation.

 

 

 

 

 

 

 

Fatal Glider Crash: Tow Rope Broke or Released Prematurely

 

A preliminary review of Sunday’s fatal glider crash has revealed the glider was released from its tow plane more than 1900 feet prematurely.

According to the National Transportation Safety Board, which was on the scene of the fatal crash early Monday morning, the pilot of the single-engine airplane towing the glider said the tow rope was either disengaged or broke at about 75 feet above the ground.

Gliders are usually towed to a height of 2000 feet before being released.

The low altitude of the glider may have been a significant factor in its ability to remain airborne and under control, several veteran glider pilots told InstantNewsKaty.

The Romanian-made glider, owned by the Greater Houston Soaring Association, crashed into a cotton field between Orchard and Wallis around 4:55 p.m. Sunday evening, killing all three people aboard.

The dead have been identified as pilot Fred Blair, 68, Matilda Blair, 32, and Andrew Blair, 3.

According to the Fort Bend County Sheriff’s Office, Fred Blair was Matilda Blair’s father and Andrew Blair’s grandfather. The three were reportedly on a Father’s Day outing when the crash occurred.

All were pronounced dead at the scene.

Fred Blair was from Wallis, while Matilda Blair and Andrew Blair reportedly lived in Houston.

According to reports, the glider was being towed from the Wallis Gliderport by the single-engine airplane when it “took a nosedive and crashed into the ground.”

The elder Blair was said to have been a veteran glider pilot; however, other glider pilots noted the glider that crashed was designed to carry only two people and having three on board may have also affected its aerodynamic ability.

The gilder was operating from the Wallis Gliderport, located along Hwy. 36 near Cougar Road not far from the crash site.

The crashed aircraft remains at the scene as investigators from the National Transportation Safety Board inspected the crash site. The Federal Aviation Administration is also expected to send investigators.

The Texas Department of Public Safety and Fort Bend County Sheriff’s Office responded to the scene and conducted the initial investigation and recovery of victims.

Aviation Accidents

A plane crash is one of the most devastating accidents that can occur. Usually in an airplane crash (small planes, helicopters, commercial airliners, hot air balloons etc.) all passengers and crew members are killed.

At the Law Offices of Gary A. Kessler, we are experienced in aviation law with a reputation of success in aircraft accident cases. We have the knowledge and experience to identify those responsible in the airplane crash (i.e. pilot error, mechanical failure of the aircraft and/or its component parts).

If you are considering filing a claim against an airline or helicopter tour company, small aircraft company, commercial airline or a “hot air balloon company” to recover damages suffered by you or your family, seek advice from a lawyer such as Gary A Kessler who has experience in “aviation law.”

In cases involving commercial airlines, the Federal Aviation Administration (FAA) and National Transportation Safety Board (NTSB) will be involved.  Our office knows how to professionally interact with these federal agencies and get the answers to our client’s case.

In most states, if the death of a relative or spouse was caused by an air crash, surviving family members can file a wrongful death/aviation lawsuit against the responsible parties.  In order to file a wrongful death/aviation law claim, you must be able to prove that you will experience future emotional and financial hardship because of the loss of a relative, family member or spouse.

In cases involving commercial airlines, the Federal Aviation Administration (FAA) and National Transportation Safety Board (NTSB) will be involved.  Our office knows how to professionally interact with these federal agencies and get the answers to our client’s case.

In most states, if the death of a relative or spouse was caused by an air crash, surviving family members can file a wrongful death/aviation lawsuit against the responsible parties.  In order to file a wrongful death/aviation law claim, you must be able to prove that you will experience future emotional and financial hardship because of the loss of a relative, family member or spouse.

 

2 killed at taco truck by suspected drunk driver

Two people were killed and three were injured when a suspected drunk driver trying to evade CHP officers blew through a red light and crashed into a crowd at a taco truck in east Los Angeles.

The CHP says officers tried to pull over a 2005 Toyota Camry on the 5 Freeway late Saturday when the car sped down an offramp into the Boyle Heights neighborhood.

After speeding through a red light, the Camry struck three people and crashed into the taco truck, sparking a fire.

A coroner’s official says 38-year-old Claudia Fernandez and 19-year-old Marlene Alatorre were killed.

The CHP says a man outside the truck and two people inside it suffered minor injuries.

The suspected drunk driver, whose name was not released, was described as a 37-year-old Upland woman. She was treated at a hospital for minor injuries.

 

Cause of the Los Angeles Crash

If news accounts of this incident are accurate, the 37 year old driver  is likely responsible for the incident. While this devastating Los Angeles County accident remains under investigation, the family members of those accident victims who were seriously injured would be well-advised to speak with an understanding and knowledgeable Los Angeles County wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.

Alcohol  impaired driving accidents and wrongful death liability

Driving under the impairment of alcohol or drugs is a conscious choice, and drivers who choose to drive under the influence may face both criminal consequences for their actions, and civil liability for wrongful death or personal injury. While this accident remains under investigation, the family members of the  victim may benefit from speaking to an experienced and knowledgeable Los Angeles County DUI accident victim attorney. A skilled attorney who has represented numerous victims of alcohol related conditions can advise the victims’ families of their legal rights and best course of action to hold the driver accountable to the maximum legal extent.
The laws regarding wrongful death cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced personal injury lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The Los Angeles wrongful death attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one.  The Law Offices of Gary A Kessler carefully selects its wrongful death cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your wrongful death case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and expert witnesses to prepare for trial of your case.  As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.

 


Girl, 12, dies in Kern County crash

A 12-year-old Wasco girl died in a crash Friday evening in Kern County when a big rig driven by a Lemoore man ran a stop sign, striking the car she was riding in, the California Highway Patrol said.

The girl was one of four people in a northbound 1993 Geo on Palm Avenue when the big rig driver, Howard Young, 56, failed to yield at a stop sign as he traveled west on McCombs Avenue near Wasco, the CHP said.

Injuries included a broken leg and lacerations.

The three other people in the Geo — all from Wasco — included the driver, Carlos Ortiz, 23, the CHP said.

Cause of the Kern County Crash

 

Although the CHP is continuing to investigate the cause of the collision, based on the information reported, it appears that the driver of  the big-rig may be  responsible for this accident. While this devastating Kern County accident remains under investigation, the family members of those accident victims who were seriously injured would be well-advised to speak with an understanding and knowledgeable Kern County wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury and wrongful death accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim

Fault and Wrongful Death Liability

Accidents involving big-rigs  have unique and complex legal issues. If it is determined that the driver of the big-rig was  at fault for this collision, the family of the victim would be well-advised to speak to a California truck accident attorney. An experienced and knowledgeable attorney will be able to review the cause of the accident, and if warranted, arrange for an independent investigator to reconstruct the collision to determine exactly what happened and who was responsible. A skilled lawyer can also provide an explanation to the victim’s family on their legal rights in a wrongful death claim against the driver or any other parties at fault. Damages awarded in a wrongful death claim may include funeral and burial expenses, lost earnings, pain and suffering, and other damages.

Demand accountability from the trucking company.  We at the Law Offices of Gary A Kessler have handled complex trucking accident cases for twenty years.  We have the litigation experience to handle complex trucking liability cases.  We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial.  Remember, the trucking industry are a formidable foe and must be fought against aggressively.

The laws regarding wrongful death/”trucking accident” cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced wrongful death/”trucking accident” lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your legal rights and those of your loved ones.

California trucking accident attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one.  The Law Offices of Gary A Kessler carefully selects its “trucking accident” cases so that we may give you (the client) the substantial personal attention neccessary to obtain a successful result for your “trucking accident” case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a thorough investigation and expert witnesses to prepare for trial of your case.  As in all wrongful death and serious personal injury cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.

If you have been seriously injured or a family member sustained fatal injuries involving a tractor-trailer rig you need to contact the Law Offices of Gary A Kessler or another experienced law firm immediately to protect your rights and preserve the evidence.  The laws and time limitations can be complex so protect your legal rights by contacting the Law Offices of Gary A Kessler today.

 

 

Man Killed in Early Morning Collision on I-680

A 29-year-old man was killed and a woman in another car injured in an accident on northbound Interstate Highway 680 in Milpitas this morning, according to the California Highway Patrol.

The two-car crash between a 2004 BMW and a 2000 Honda was reported at 3:23 a.m. just south of Calaveras Boulevard, CHP officials said.

The BMW, driven by a 29-year-old San Jose man, was stopped on the freeway.

The man appeared to have passed out behind the wheel with the car’s hazard lights on, witnesses told the CHP.

The stopped car was then struck from behind by the Honda, driven by a 40-year-old Milpitas woman.

Both drivers were taken to Regional Medical Center in San Jose, where the San Jose man succumbed to his injuries.

The woman was treated for moderate injuries, the CHP said.

Both drivers wore seatbelts. The CHP said the man may have been driving under the influence.

Three lanes of northbound I-680 were closed for two hours following the fatal collision, the CHP said.

The man killed this morning has yet to be identified, according to the Santa Clara County coroner’s office.

Cause of the Milpitas Crash

While this devastating Santa Clara County accident remains under investigation, the family members of those accident victims who were seriously injured would be well-advised to speak with an understanding and knowledgeable Santa Clara County wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.

Automobile Collisions and Wrongful Death Liability

While the accident on June 16 remains under investigation, the   family members of the victim would be well-advised to seek immediate consultation from an experienced wrongful death lawyer. An experienced attorney can advise the victims of their legal rights and decide the best course of action in recovering the maximum compensation for their injuries, lost wages, and pain and suffering. Also, in unique and complex situations such as this one, an attorney can hire a highly skilled independent investigator to reconstruct the scene of the accident to determine who is at fault.

The Law Offices of Gary A Kessler is a prominent and highly respected law firm in California and the United States.  Gary A Kessler has been serving the people as an experienced wrongful death attorney for over twenty years dedicated and committed to obtaining the best results for his clients in each and every case.  Through experience and education, our firm is able to expertly evaluate complex medical injuries and pursue wrongful death claims.

The Law Offices of Gary A Kessler has a sustaining record of outstanding results for their client’s wrongful death cases throughout California.  Our firm specializes in difficult automobile vs. tractor-trailer rig(s), collision cases, uninsured motorists cases, rollover accident cases, bus and train collision litigation, defective product liability litigation, boating collision death cases, boating capsizing and drowning cases, backyard pool drownings, jacuzzi spa drownings, association and community pool drownings, accidental shootings, tractor-trailer and commercial vehicle fatality, fuel tank fire cases and wrongful death cases.

The term “wrongful death” is defined as the death of an individual as a result of the negligence, carelessness, intentional act of another individual, corporation, company or entity.  Filing a proper wrongful death claim is extremely difficult and complex for families because they are not only dealing with their grief over the death of a beloved family member, but also complex issues of compensation as well.  Wrongful death claims are usually sought after by relatives, siblings, or members of the decedent’s estate who have lost a considerable amount of money as well as loss of support and grief due to the wrongful death of the decedent.

Woman Who Died Trying To Cross Street ID’d

A female pedestrian struck by two vehicles as she crossed the street in the Mountain View area has been identified.

The incident occurred just after 9 p.m. Wednesday in the 4300 block of Oceanview Boulevard near San Pasqual Street, according to police.

Police said 64-year-old Catalina Torres Velazquez had just exited a bus and was trying to cross the street when she stepped in front of a Nissan Frontier pickup truck driving westbound on Oceanview Boulevard.

Velazquez was thrown over the truck and onto the pavement. She landed in the eastbound lane of traffic, where she was hit over by an Acura, police said.

Medics took Velazquez to UCSD Medical Center in Hillcrest. She was pronounced dead shortly after arrival.

The drivers of both cars did stop and worked with police to reconstruct the crash,  according to 10News .

Police say that speeding and alcohol were not factors in the woman’s death.

 

Cause of the San Diego Crash

While this devastating San Diego County accident remains under investigation, the family members of those accident victims who were seriously injured would be well-advised to speak with an understanding and knowledgeable San Diego County wrongful death lawyer. An attorney such as Gary A. Kessler who has successfully handled serious injury accidents can advise the victim’s family of their legal rights to hold the driver accountable and best course of action should they wish to pursue a wrongful death claim.

Automobile Collisions and Wrongful Death Liability

While the accident on June 13 remains under investigation, the   family members of the victim would be well-advised to seek immediate consultation from an experienced wrongful death lawyer. An experienced attorney can advise the victims of their legal rights and decide the best course of action in recovering the maximum compensation for their injuries, lost wages, and pain and suffering. Also, in unique and complex situations such as this one, an attorney can hire a highly skilled independent investigator to reconstruct the scene of the accident to determine who is at fault.

The Law Offices of Gary A Kessler is a prominent and highly respected law firm in California and the United States.  Gary A Kessler has been serving the people as an experienced wrongful death attorney for over twenty years dedicated and committed to obtaining the best results for his clients in each and every case.  Through experience and education, our firm is able to expertly evaluate complex medical injuries and pursue wrongful death claims.

The Law Offices of Gary A Kessler has a sustaining record of outstanding results for their client’s wrongful death cases throughout California.  Our firm specializes in difficult automobile vs. tractor-trailer rig(s), collision cases, uninsured motorists cases, rollover accident cases, bus and train collision litigation, defective product liability litigation, boating collision death cases, boating capsizing and drowning cases, backyard pool drownings, jacuzzi spa drownings, association and community pool drownings, accidental shootings, tractor-trailer and commercial vehicle fatality, fuel tank fire cases and wrongful death cases.

The term “wrongful death” is defined as the death of an individual as a result of the negligence, carelessness, intentional act of another individual, corporation, company or entity.  Filing a proper wrongful death claim is extremely difficult and complex for families because they are not only dealing with their grief over the death of a beloved family member, but also complex issues of compensation as well.  Wrongful death claims are usually sought after by relatives, siblings, or members of the decedent’s estate who have lost a considerable amount of money as well as loss of support and grief due to the wrongful death of the decedent.

 

 

 

 

 

 

 

 

 

 

Elderly man attacked by pit bull

An elderly man was attacked by a pit bull Thursday, June 14, in Hemet before a good Samaritan came to his assistance and took him to the hospital, animal control officials said.
The man, in his 70s, had just gotten off of a bus and was walking toward the Hemet Valley Mall on Thursday morning when a group of pit bulls came running out of a yard in his direction, Animal Control Supervisor Daryl Hitchcock said.
The man fell and one of the dogs bit him repeatedly while the others ran around the general area before being scurried away back into their yard, Hitchcock said.
A passer-by, Jeri Berglund, said she saw the attack and stopped her car to help while screaming for the dogs to stop. Berglund eventually put the man in her car and drove him to Hemet Valley Medical Center, where he was treated.
“He kept saying he was going to die and pass out,” Berglund said. “He couldn’t even get out of the car when I got there.”
Hitchcock didn’t have specific information about the condition of the man, whose name was not released, but he said the man would be OK.
“All in all, for an elderly gentleman, he did really good,” Hitchcock said. “I have a feeling it would have been a lot different if all the dogs out there had chewed on him. He was lucky.”
When officers from the Ramona Humane Society, which provides animal control for the city, arrived at the dog owner’s house at Western and Latham avenues, they found seven pit bulls, Hitchcock said. Hemet Municipal Code allows for up to three dogs per residence.
Hitchcock said the dog that bit the man was taken and will be kept in quarantine for 10 days. After that, authorities will decide whether to euthanize it.
Hitchcock said the department also will address the fact that there are too many dogs on the property. He said the owners had recently gotten the dog and were “very eager” to give it up.

Dog Attacks and personal injury liability

CALIFORNIA DOG BITE STATUTE SECTION 3342

Under California Law, it is no longer necessary for the Plaintiff to prove that the dog was known to be vicious or had a propensity to bite.  One bite alone is sufficient for liability.  Dog owners do not get a second chance in California.  They are liable for any injury their animals cause regardless of whether the animal had bitten anyone previously.  Under California Dog Bite Statute Section 3342 the Plaintiff must prove in a dog bite case the following:

  • Defendant owned the dog;
  • The dog bit the Plaintiff;
  • The Plaintiff was lawfully on the premises (express or implied consent to be on the premises) where the bite occured; and
  • Plaintiff sustained injuries from the dog bite.

What You Should Do If You Or A Loved One Has Been Bitten By A Dog:

  • Take pictures of your injuries immediately;
  • Consult law enforcement and request that a police report be made;
  • Keep copies of all medical bills and records;
  • Continue to take pictures of the bite(s) as the wounds heal;
  • Be sure that your doctor is qualified and determine if you are a candidate for plastic surgery to get rid of the scarring;
  • If an adult who is employed sustained injuries and lost wages, keep a record of economic loss.

WE WILL FIGHT FOR YOU!

Demand accountability from dog owners.  Settling dog bite claims can be difficult and complex.  Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a case.  We at the Law Offices of Gary A Kessler have 20 years of litigation experience and we know how to handle the insurance companies.  We are prepared to front all of the costs required for the necessary investigations and expert witnesses needed to prepare your case for trial.  Are the other law firms you are considering willing to front all costs?

In a dog bite case, we advance all legal costs to prepare and present our client’s claim, and receive a percentage of the settlement or verdict  of what we recover for our attorney’s fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorney’s fees or costs are owed to our firm.  Thus, in all personal injury cases, our fees are recovered as a percentage of any settlement or verdict awarded to our clients.

Contact the Law Offices of Gary A Kessler today so that we can preserve the evidence and demand compensation and accountability from the responsible parties who caused you or your family member catastrophic injuries!

If you or a family member sustained serious dog bite injuries contact the Law Offices of Gary A Kessler, an experienced law firm, immediately to protect your legal rights and preserve the evidence.

California Dog Bite Injury Liability Under  California Civil Code 3342: “The owner of any dog is liable for the damages suffered by any person who is bitten  by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owners knowledge of such viciousness.”
After a dog attack such as this, the injured party (or his representatives) would be well advised to speak with an experienced California dog bite lawyer about the incident and their legal rights to hold the owner of the dog accountable for all expenses as well as pain and suffering as a result of the dog attack.

 

2011 statistics

  • 31 U.S. fatal dog attacks occurred in 2011. Despite being regulated in Military Housing Areas and over 650 U.S. cities, pit bulls led these attacks accounting for 71% (22). Pit bulls make up less than 5% of the total U.S. dog population.2
  • Notably in 2011, adult victims of fatal pit bull attacks more than doubled the number of child victims. Of the 22 total pit bull victims, 68% (15) fell between the ages of 32 to 76, and 32% (7) were ages 5 years and younger.
  • The year 2011 also marks an increase in pet pit bulls killing their owners. Of the 8 total instances this year in which a family dog inflicted fatal injury to its primary caretaker, the dog’s owner, 88% (7) involved pet pit bulls.
  • Together, pit bulls (22) and rottweilers (4), the number two lethal dog breed, accounted for 84% of all fatal attacks in 2011. In the 7-year period from 2005 to 2011, this same combination accounted for 73% (156) of the total recorded deaths (213).
  • The breakdown between pit bulls and rottweilers is substantial over this 7-year period. From 2005 to 2011, pit bulls killed 127 Americans,3 about one citizen every 20 days, versus rottweilers, which killed 29; about one citizen every 88 days.
  • Annual data from 2011 shows that 58% (18) of the attacks occurred to adults (21 years and older) and 42% (13) occurred to children (11 years and younger). Of the children, 62% (8) occurred to ages 1 and younger.
  • 2011 data also shows that 39% (12) of the fatal incidents involved more than one dog; 26% (8) involved breeding on the dog owner’s property either actively or in the recent past, and 6% (2) involved tethered dogs, down from 9% in 2010 and 19% in 2009.
  • Dog ownership information for 2011 shows that family dogs comprised 65% (20) of the attacks that resulted in death; 74% (23) of all incidents occurred on the dog owner’s property and 29% (9) resulted in criminal charges, up from 15% in 2010.
  • The states of California and Texas led fatalities in 2011, each with 4 deaths; pit bulls and their mixes contributed to 88% (7) of the 8 deaths. North Carolina, New Mexico, South Carolina and Virginia each incurred 2 deaths.
  • 2011 Fatal Dog attacks by breed

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Gary Kessler, California Personal Injury Lawyer Disclaimer: The California personal injury, wrongful death, swimming pool drowning, boating accident, dog bite, amusement park negligence, pedestrian accident, product liability, aviation accidents, or any other California legal information presented at this site should not be construed to be formal legal advice, nor the creation of a lawyer or attorney client relationship. The information contained herein is intended for information purposes only and should not be considered legal advice. All results described on this site were based on the individual facts of those said cases and are not indicative of future settlements. Results will differ from case to case. Please contact Gary A. Kessler, a California lawyer at our California law firm offices in Newport Beach or our San Francisco Bay Area office.

The Law Offices of Gary A. Kessler are licensed to practice in California, District of Columbia & Pennsylvania. Through local law firms with which we have associations, we are able to represent Personal Injury and Wrongful Death cases across the United States. Our associations allow us to represent clients"pro hac vice", meaning "for this particular occasion". In order to effectively and efficiently represent the client in these cases, we will employ the local law firms (at no additional cost to our client) to make routine court appearances and proceedings where it is necessary to assist our clients case.