March 14, 2016

Orange County Personal Injury Lawyers Outline the Basis for Imposing Liability in a Dog Bite Lawsuit

While dogs traditionally are regarded as “man’s best friend,” the behavior of any animal can be unpredictable. Our Orange County personal injury lawyers recognize that many people never expect to be attacked and bitten by a dog, but dog bite incidents are more common than you might realize. There were over 16,550 homeowner’s insurance claims filed for dog bite injuries in the United States during the most recent year for which data is available from the Insurance Information Institute (III). California had the nation’s highest number of dog bite claims with over 1,867 dog bite claims during that period, amounting to 54 percent more dog bite claims than the next highest state. Overall, the enormous impact of dog attacks is reflected by the fact that they account for one-third of all homeowner’s insurance claims in an aggregate amount that exceeds $530 million per year.

California Imposes Strict Liability on Dog Owner’s for Bite Injuries

Because the risk of suffering a serious injury in a dog attack or mauling incident is an all too common scenario for many people, our Orange County personal injury lawyers have provided an overview of the legal basis for imposing liability in dog bite cases. The applicable law will vary depending on the location of your injury because many cities have leash laws and their own dog bite laws that can provide a basis for liability. However, the good news for dog bite victims is that state law in California imposes strict liability on dog owners whose canine bites others without being provoked subject to narrow exceptions. California Civil Code, Section 3342 provides in pertinent part:

“(a) The owner of any dog is liable for damages suffered by any person who is bitten by a dog with in a public place or lawfully in a private place … regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”

Generally, this statutory provision makes clear that dog owners are strictly liable for bite-related injuries provided the victim is not a trespasser. While this statute favors victims of dog attacks, there are exceptions that often make it necessary for a Orange County personal injury lawyer to explore other grounds for imposing liability depending on the circumstances. These exceptions include:

Non-Dog Owner: If the property owner is leasing their home to a dog owner, the renter can be sued using this statute but not the property owner. This can be problematic because the owner of the premises typically will have homeowner’s insurance to cover the claim, but the tenant might not have insurance coverage or assets against which a judgement can be enforced.

Injuries Other Than Bites: While a bite might be the first type of injury that you think of someone experiencing in a dog attack, mauling injuries or falls also can cause significant injury without an actual bite. For example, a bicyclist might be knocked over when riding past a house where a loose dog is running at large in the front yard. If the dog charges the bicyclist and topples the bike causing the cyclist to suffer a broken arm, this claim would not fall under the dog bite statute.

Provoking the Dog: If a dog attack victim is antagonizing the dog and provokes a bite, this provocation constitutes a defense that the dog owner can assert. This defense does not apply if the victim is a child under the age of five, or the child is otherwise adhering to the instructions of his or her parent.

While these are the most widely applicable exceptions to the dog bite statute, there are others, such as those for an employee of the dog owner, law enforcement officers using a K9 unit, and a few other special situations, so you should speak to an experienced Orange County personal injury attorney to determine whether the dog bite statute can be used to pursue a claim under your specific circumstances.

Violation of Local Statute Provides Broader Basis for Imposing Liability

When the California dog bite statute does not apply, dog bite victims often can rely on local statutes. Most municipalities have leash laws which can be used to pursue a claim that does not involve a bite. These laws vary from city to city but generally require that the owner of a dog keep their pet fenced or on a leash. Frequently, a leash law can provide a basis for imposing liability when a dog causes injury to another person when running at large.

Many cities also have local laws that impose liability on dog owners for injuries caused by their canines. These local ordinances vary, but some are broad enough to impose liability on non-owners and for injuries other than bites. Some of these local laws also authorize compensation for property damage rather than just injuries, so you should seek legal advice from an experienced Orange County personal injury lawyer to learn about local dog bite laws in your city/county.

Negligence Provides another Independent Justification for Pursuing a Dog Bite Claim

While the California dog bite statute and local ordinances provide the benefit of permitting claims to proceed based on strict liability (i.e. liability without fault), negligence can provide an alternative basis for imposing liability. The primary difference is that the person against whom a claim is filed must be established to have engaged in negligent (e.g. unreasonably careless) conduct that leads to the dog causing an injury when the owner had prior knowledge of the dog’s vicious propensity. Again, this approach can be valuable when the injury is from a fall as opposed to a bite.

Our Orange County personal injury attorneys are available to speak to prospective clients 24/7. We handle all cases on a contingency fee basis, so you do not owe any attorney fees until we obtain a settlement or trial verdict on your behalf. Our attorneys handle cases throughout California. Our lawyers at the Law Offices of Allen, Flatt, Ballidis & Leslie offer a free dog bite consultation so call us at schedule your free consultation today!

March 1, 2016

Record Settlement Reached in Bakersfield Dog Bite Case

An ABC affiliate in Bakersfield reported that a record-breaking settlement worth $2 million was reached in a dog bite case, which was the largest award for a dog bite case against a public entity in California. The case revolves around an incident wherein a K-9 unit from the Kern County Sheriff’s Office in Bakersfield escaped from a patrol car in 2013 and bit 21-year old Erin Casey in a gas station parking lot. There was apparently a defect in the patrol car’s door which enabled the dog to escape, and according to the deputy, he was unable to get the German shepherd under control because it refused to obey his commands. The deputy needed to call for backup to get the dog off of Casey.

Dog bites can result in serious injury, and in some cases, death. If you have suffered injuries due to a dog bite in California, the attorneys at the law firm of Allen, Flatt, Ballidis & Leslie, Inc., can provide you with experienced counsel who may help you obtain compensation for your injuries.

Nationwide and California Dog Bite Statistics
According to a report by the American Veterinary Medical Association cited by the Centers for Disease Control and Prevention, about 4.5 million people get bitten by dogs each year, of which 20 percent require medical attention and 27 thousand undergo reconstructive surgery. There were 31 dog bite-related deaths in 2013. 359,223 children between the ages of 1 to 14 were bitten by dogs between 2010 and 2012, and 66 percent of injuries to children 4 years and younger were to the head and neck. Additionally, children between 5 and 9 years old are at the highest risk for dog bites.

Over half of dog all dog-bite injuries in the U.S. occur at homes with dogs that are familiar, and having a dog in the household is associated with a higher likelihood of being bitten than not having a dog.

One LA Times article asked if California should be the dog bite capital of the U.S. because it has the highest number of claims in the country. The article stated that insurance companies in California received 1,919 dog bite claims in 2013, which is the highest of any state in the U.S. This is consistent with increasing trends nationwide, which was 5.5 percent higher from the year before. Additionally, California led in the number of lethal dog attacks in 2013 with 5 deaths out of 32 nationwide.

California Dog Bite Liability

Under California law, the owner of any dog is liable for the damages suffered by others who are bitten by his or her dog while in a public place or while lawfully present in a private property, including the dog owner’s property. This is a strict liability statute, which means that dog owners cannot dispute fault – they are automatically liable to the victim who was injured. In this case, the injured party may recover damages without having to prove negligence on the dog owner’s part. It imposes an absolute duty on dog owners to prevent their dogs from biting people so as to prevent them from becoming hazards to the community.

Additionally, those who have care, custody, or control of a dog may be held strictly liable in court even if they are not the dog’s owner if they knew or should have known that the dog had an unusually dangerous nature or tendency. Even if the person took reasonable steps and precautions to prevent a dog bite, he or she will be held liable for damages if they knew that the dog was prone to biting others.

Defenses to Dog Bite Liability

Defendants in dog bite cases may be able to raise two defenses to liability under California law. First, if the injured party was illegally trespassing in the dog owner’s private property, then the statute prevents them from recovering for damages. Additionally, if the dog was owned by the state and was engaged in military or police work, an individual who is bitten cannot bring a lawsuit if it was defending itself from an annoying, harassing, or provoking act. The statute also prohibits suit from being filed for a dog bite if the dog was assisting an employee of a state law enforcement agency from apprehending a suspect, investigating a crime, executing a warrant, or defending a peace officer or another person.

Dog bites can result in significant injuries, and those who are injured would benefit from the counsel of an experienced advocate who can assist with analyzing the facts, conducting an investigation, and pursuing a claim in court. If you sustained dog bite related injuries in California, our seasoned attorneys at Allen, Flatt, Ballidis & Leslie, Inc. may be able to help you obtain the compensation you deserve. Contact us for a free initial consultation by calling our toll-free number at (888) 752-7474 or by completing our online contact form. Having a competent attorney by your side at the outset of your case will be helpful in achieving a positive outcome in your dog bite case, so contact us today.

November 13, 2014

Safety Belts Absent from Many Orange County School Buses

Keeping our children safe is our highest priority. For years, we’ve known that safety belts save lives. In the event of a crash, they can reduce the risk of critical injuries and death by about 50 percent, according to the National Highway Traffic Safety Administration. We make sure our kids wear seatbelts when they’re in our cars, and California lawmakers have required them to wear them on their way to school. However, the law only applies to buses built after July 1, 2005, and safety belts are absent from many Orange County school buses, reported the Orange County Register.


California Law Requires Safety Belts on School Buses

Fifteen years ago, a law was enacted in California requiring that school buses be equipped with shoulder-to-lap belts. California is one of only six states to have such a law and the only one requiring the arguably safer shoulder-style belts. School buses in Florida, New Jersey, New York, Louisiana, and Texas must have lap belts. While 8 states introduced bills in 2009 that would mandate safety belts on school buses, none of them were passed.

Why Haven’t Orange County Schools Installed Safety Belts on Buses?

Since school buses are often operable for 20 years or longer and new ones cost up to $200,000, many Orange County schools have yet to replace older buses. Why haven’t they installed safety belts in old buses? Cost. If a bus floor is rusted or worn, it must be replaced before seatbelts can be anchored to it. Retrofits can cost between $5,000 and $20,000.

How Important Is It to Have Safety Belts on School Buses?

Studies on the importance of seatbelts on school buses have offered conflicting information: while the National Highway Traffic Safety Administration’s study found that “requiring belts on large, new school buses” would have insignificant safety benefits, an investigation into a fatal school bus accident in 2012 by the National Traffic Safety Board found that riders wearing shoulder-style belts were safer than those wearing lap belts or no safety restraints at all.

We may not have a consensus on the extent to which safety belts reduce the risk of serious or fatal injury in the event of a crash on a school bus—vehicles whose size and design already make them safer than other modes of transport—but sending our kids a clear message about wearing seatbelts is important. They should be taught from an early age to always wear safety belts no matter the vehicle. Year after year, seatbelt use is the lowest among teens, which is one of the reasons crashes are among the leading cause of death for them. Maybe somewhere between us sending them off to school on the bus and them getting keys to their own cars the message is being lost.

What do you think? Should more be done to ensure Orange County schools have safety belts on their buses? Share your thoughts with us on Facebook.

Additional articles on traffic safety are available to the public free of charge through our office. To request one, please call 888-752-7474 or contact us online.

November 7, 2014

Halloween Hit-and-Run: How Big Is the Problem in Orange County?

Orange County residents had more to fear last Halloween weekend than scary costumes and haunted houses after five pedestrians and bicyclists were struck and killed in less than forty-eight hours. One accident in Santa Ana left locals especially horrified: on Halloween night a speeding driver struck three teenage trick-or-treaters and fled the scene, leaving them to die in the street. Once authorities apprehended the driver they discovered that he had been driving on a suspended license from an August conviction for hit-and-run and DUI and that he had an extensive criminal record.

How Common Is Hit-and-Run in Orange County?

Although we hear about hit-and-run accidents in the news somewhat frequently, Orange County ranks just below average for its incidence of such collisions, placing 22nd in a comparison of 58 counties in a California Office of Traffic Safety ranking system in which 1st place is considered the worst. Hit-and-run was a factor in 935 of the crashes that resulted in injury or death in the county that year. Compare this to Los Angeles County, which ranked the 2nd worst for hit-and-run and where it was a factor in 5,893 crashes.

What Are the Rights of the Victims of Hit-and-Run Accidents?

Apprehending the driver responsible for a hit-and-run accident is crucial to the victims’ ability to seek compensation for the expenses related to their recoveries or losses through the civil claims process. Once the drivers have been arrested, civil actions, as well as criminal charges, may be filed against them.

What was your reaction to the spate of deadly accidents in Orange County over Halloween weekend? Share your thoughts with us on Facebook.

Additional articles on hit-and-run accidents and the civil claims process after a crash are available to the public free of charge through our office. To request one, please call 888-752-7474 or contact us online.

October 30, 2014

Trick-Or-Treaters Follow These Halloween Safety Tips

Wearing a costume and walking the streets in the dark can be dangerous for anyone but especially for young trick-or-treaters. On Halloween, kids are four times more likely to be hit by a car than on any other day of the year, according to the Centers for Disease Control and Prevention. Department of Transportation data indicate that 133 children were struck and killed while walking on Halloween from 1990 to 2012. Ensure your kids have a fun and safe time on the holiday with these Halloween safety tips from the CDC.


Additional Halloween Safety Tips

• If trick-or-treaters are under the age of 12, an adult should supervise them.

• Choose a familiar route for kids to follow while trick-or-treating.

• Masks can obstruct children’s vision, so have them wear face paint instead.

• Make kids more noticeable to drivers by decorating their costumes with reflective tape and having them carry flashlights or glow sticks.

• Use crosswalks and traffic signals and look left, right, and left again before entering the street.

While children are especially at risk of a traffic accident, Halloween is a dangerous day for everyone. The National Highway Traffic Safety Administration reports that 54 people were killed on Halloween night in 2012, and nearly fifty percent of those fatalities involved a collision with an impaired driver. Pedestrians of all ages accounted for more than 28 percent of these deaths.

Everyone at Allen, Flatt, Ballidis, and Leslie would like to wish you all a happy and safe Halloween.

How are you staying safe this Halloween? Share your safety tips with us on Facebook.

Additional articles on health and public safety are available free of charge through our office. To request one, please call 888-752-7474 or contact us online.

October 15, 2014

Two More Reasons Not to Use Uber

We’ve been writing a lot about Uber lately—and not good things. First we told you about drivers attacking and attempting to sexually assault passengers in San Francisco and Los Angeles; and then we shared that authorities in both of these cities were targeting Uber, Lyft, and other ride-sharing companies for misleading customers about how thoroughly they were conducting criminal background and driving record checks on their drivers. Now there are two more reasons not to use Uber: its drivers are still sketchy and so is its surge-pricing strategy.

Uber Driver Reportedly Kidnapped Passenger

SFGate reported today that a woman requested an Uber car to drive her home from a party but was instead taken almost 20 miles out of her way to a dark, empty parking lot. It was the middle of the night, and, when she tried to exit the vehicle, the driver locked the doors. He finally relented and took her home after she began screaming and causing a commotion. When the woman reported the terrifying incident to Uber, the ride-sharing company sent her an email apologizing for the ‘inefficient route.’ Uber responded that its “driver called 911 to ask for assistance with an intoxicated rider who requested an extended trip,” that night. Despite this contradictory information, the company has refunded the woman for the ride.

Better Business Bureau Gave Uber an F Rating

After receiving more than 100 complaints about Uber’s surge-pricing strategy and other issues, the Better Business Bureau gave the company an F rating last week, reported LAist. Uber charges customers more during peak hours, and, according to some reports, customers were not informed about the surge pricing—which, on one New Year’s Eve, sent prices for rides into the hundreds-of-dollars range—until after the trip.

While it didn’t receive nearly as many complaints as Uber, ride-sharing company Lyft was also given an F rating.

Have you tried Uber or Lyft? How was the ride? Share your thoughts with us on Facebook.

Additional articles on health and safety are available to the public free of charge through our office. To request one, please call 888-752-7474 or contact us online.

October 9, 2014

Los Angeles Parking Conditions Could Improve Soon

English: A car with a parking ticket in Tel Aviv

English: A car with a parking ticket in Tel Aviv (Photo credit: Wikipedia)

Have you ever spent a seeming eternity circling city blocks looking for parking and then, once you’ve finally found a free spot, been baffled by signage giving you conflicting information as to whether or not you can even park there? We’ve all been there, right? Well, thanks to the efforts of some City Council members, Los Angeles parking conditions could improve soon.

Yesterday, City Council members asked transportation officials to approve two programs that could ease Los Angeles parking conditions by providing drivers with less confusing signs and prohibiting the use of mobile apps to auction off metered parking spots for profit, reported the Los Angeles Times. A local graphic artist has created a grid-like format for the new signs that divides parking restrictions by day and hour and uses green and red time blocks to indicate when it’s permissible to park. The Department of Transportation will test the new design out over the next 45 days prior to issuing its approval. The Times did not indicate when a decision on the ban on selling public parking places would be made.

Are Los Angeles Parking Conditions the Worst?

While many studies have credited Los Angeles with having the worst traffic, we could not find any giving it the honor of worst parking as well. In fact, Los Angeles did not even rank among the ten worst cities in a recent survey by, a consumer finance and health advocacy website. After taking into consideration the actual cost of parking and the likelihood of car theft, the website composed the following list:

Worst Cities to Park

1. Chicago, IL
2. Oakland, CA
3. San Francisco, CA
4. New York, NY
5. Boston, MA
6. Honolulu, HI
7. Washington, DC
8. Seattle, WA
9. Philadelphia, PA
10. Sacramento, CA

After spending hours driving from one place to another, at least we’re not paying as much as motorists in other cities to park once we finally reach our destinations—and hopefully soon we’ll find a spot in less time too.

What do you think of these two proposed programs? Will they improve Los Angeles parking conditions? Share your thoughts with us on Facebook.

Want to check out some of our other articles on transportation, health, and safety? Call 888-752-7474 or contact us online to request them free of charge.

October 3, 2014

Disneyland Ride Stalled, Stranding Passengers in the Heat

A ride at Disneyland stalled yesterday afternoon, stranding passengers for about two hours in sweltering heat, reported the Los Angeles Times. Passengers endured 90-degree weather on Mickey’s Fun Wheel at California Adventure until cast members helped them off, just months after technical problems forced passengers to be escorted off of the California Screamin’ roller coaster. By 6 p.m. about 30 riders had been evacuated from the 150-foot-high wheel—and they were not pleased, with one rider tweeting, ‘Stuck on @Disneyland CA ferris wheel solid 25 mins.. Anxiety not good at 100+ feet.’

How Frequently Do Rides Malfunction at Disneyland?

For a large amusement park that operates year-round, we don’t hear about rides at Disneyland malfunctioning too often. Historically, however, one case is unforgettable: In 2003, two bolts on the left guide wheel assembly of a locomotive on the Big Thunder Mountain Railroad ride fell off, causing an axle to jam into the railroad’s ties. The locomotive then nose-dived, its rear hitting the top of the tunnel, the force snapping a tow bar connecting the locomotive to the lead passenger car, causing it to slam into the locomotive’s undercarriage. Twenty-two-year-old graphic artist Marcelo Torres was killed and 10 others were seriously injured.

A state investigation revealed a mechanic had failed to tighten bolts and attach a safety wire on the wheel assembly that fell off. At the time, the maintenance guidelines at Disneyland allowed workers to sign for procedures done by others, and a manager had declared the ride safe without inspecting it. Lastly, despite hearing a clanking for at least 30 minutes before the accident, operators kept the ride running.

After the accident, Disneyland was ordered to retrain ride maintenance workers, managers, and ride operator; to have mandatory test runs; and to require those who performed maintenance on rides to confirm their work was completed.

This case was not the first time the actions of Disneyland employees contributed to a serious accident. In September 2000, 4-year-old Brandon Zucker tumbled out of a spinning “taxicab” on the Roger Rabbit Car Toon Spin ride and his 45-pound body became trapped under another car for 10 minutes. He suffered serious brain damage and never talked or walked again. After years of deteriorating health, he died at the age of 13. An investigation revealed Disneyland employees failed to properly load Brandon onto the ride, with the smallest child farthest from the cutout entryway, and did not fully lower the lap bar.

In both of these cases, Disneyland settled for an undisclosed amount three days before trial.

How Many Civil Cases Are Brought Against Disney Annually?

While California law makes it easier to win in court against theme parks by holding them liable not only for outright negligence but also for the ‘slightest failure of care,’ many of the civil cases brought against Disneyland each year are dismissed. In 2012, the Orange County Register reported that a third of cases filed against Disneyland over the prior five years had been dismissed. One reason: several of the cases were frivolous, such as Darth Vader accidently hitting a woman while shooing a bird away. For an amusement park that sees nearly 16 million people a year, such filings are not surprising.

What do you think? Have you ever been hurt at Disneyland or another amusement park? Share your thoughts with us on Facebook.

Additional articles on health and safety are available to the public free of charge through our office. To request one, please call 888-752-7474 or contact us online.

September 26, 2014

Ride Sharing Companies in Trouble for Safety Violations

Los Angeles Times Building, downtown Los Angeles

Los Angeles Times Building, downtown Los Angeles (Photo credit: Wikipedia)

Catching a cab can be challenging, costly, and sometimes an all-around bad experience if the driver is rude. For years, that was our only option. Getting a lift in a stranger’s car was, understandably, considered dangerous and out of the question—if we recall correctly, it even had a name: hitchhiking. Technology has brought us a long way, though, and now ride sharing services are so pervasive we’re often finding ourselves accidently hopping into the first Prius we see thinking it’s our Lyft driver. Unfortunately, despite assurances of thorough criminal background checks from these companies, their drivers’ records may not be as clean as they’ve led us to believe.

Ride Sharing Companies Under Fire for Misleading Customers

Authorities in San Francisco and Los Angeles are targeting ride sharing companies for “conducting business improperly,” specifically “misleading customers about how thoroughly criminal background and driving record checks are conducted,” reported the Los Angeles Times. In San Francisco, District Attorney George Gascon is ordering Sidecar to remove all claims about background checks from its website and app.

Incidents of Ride Sharing Service Driver Misconduct

Two recent incidents of ride sharing service driver misconduct support the allegations of California authorities that these companies are not conducting as thorough of criminal background checks as they claim. Last November, an Uber driver who was on probation for battery and narcotics charges assaulted a passenger in San Francisco’s Castro District. Then in June, an Uber driver was arrested on suspicion of kidnapping a passenger for the purpose of sexual assault in Los Angeles.

Until ride sharing companies improve their screening process for drivers, we may want to use these services with caution or not at all—even if they say they’ve made changes, how can we trust them given how they’ve mislead us in the past?

What do you think? Would you use ride sharing services? Share your thoughts with us on Facebook.
Additional articles on health and public safety are available to the public free of charge through our office. To request one, please call 888-752-7474 or contact us online.

September 19, 2014

Ontario: Two Killed in Teen Driver Car Crash

At about 10:30 p.m. on Thursday, September 18, 2014, two female passengers were killed in a car crash involving an unlicensed teen driver in Ontario, reported the Los Angeles Times. While traveling at a high rate of speed near South Grove Avenue and East Airport Drive, the 16-year-old male driver lost control, causing the car to jump the center median, slam into a wall, and flip before crashing into a traffic pole. Emergency responders transported the driver and a male passenger to an area hospital to receive treatment for non-life-threatening trauma. Authorities are investigating the accident.

Car Crash—The Leading Cause of Teen Driver & Passenger Death

Motor vehicle collisions are the leading cause of death for teenagers in the Unites States, claiming the lives of seven teens aged 16 to 19 every day in 2010, according to the Centers for Disease Control and Prevention. That year, car crashes killed 2,700 teens and injured another 282,000. In Ontario, 15 of the 808 crashes that resulted in injury or death involved drivers under the age of 21. Compared to 54 other cities with similarly sized populations, Ontario ranked the 9th worst.

Factors Contributing to Teen Driver Car Crashes

Inexperience and a propensity toward risk-taking make teen drivers more likely to fail to notice or to underestimate dangerous situations.

Speeding and driving under the influence are major problems for teenage drivers, especially males: in 2010, 39 percent of the male drivers aged 15 to 20 involved in deadly accidents were speeding at the time and 25 percent had been drinking.

Teenage drivers have the lowest rate of seat belt use compared to motorists in other age groups, with only 54 percent of high school students reporting that they wore seat belts while riding with other passengers in 2011.

The risk of a crash increases with the number of teen passengers in the vehicle.

For more information on teen drivers and the rights of the victims of fatal crashes and their families, please call 888-752-7474 or contact us online.

Everyone at Allen, Flatt, Ballidis, and Leslie would like to offer our condolences to the families of the two female passengers who were killed in this car crash. We would also like to wish a full recovery to those who were injured.

September 11, 2014

Should Student Injured in Newport Beach Accident Get Education Re-Do?

Newport Harbor High School logo

Newport Harbor High School logo (Photo credit: Wikipedia)

In 2011, a Newport Beach accident involving a drunk driver left Crystal Morales, then a senior at Newport Harbor High School, in a coma with a traumatic brain injury. When she returned to school about three months after the crash, she was given assignments but not required to turn them in and her grades quickly started improving, in one class from a D to an A-. In her opinion, the school’s staff gave her a pass to graduate, cheating her out of a quality education. Now she’s suing the school, requesting that Newport-Mesa Unified School District invalidate her diploma and allow her to re-do the last few months of her senior year.

In court papers filed in response to the lawsuit, the school district indicated that Morales’ mother, Gloria, refused an assessment for special education for her daughter after the Newport Beach accident and was adamant that her daughter graduate with a high school diploma, reported the Los Angeles Times.

The elder Morales said, “that she didn’t understand what her daughter would miss out on by graduating.”

While it remains to be seen if Morales is given a second chance to take her senior year curriculum, what is clear is that she is yet another victim of drunk driving. Annually, DUI crashes claim nearly 10,000 lives and more than one-third of the victims are not the drunk drivers, according to the National Highway Traffic Safety Administration. In 2011, 3,371 of the people who lost their lives in alcohol-related crashes were not the drunk driver.

After pleading guilty to driving under the influence, the driver responsible for the Newport Beach accident that injured Morales was sentenced to seven years in prison.

What do you think? Should Crystal Morales get an education re-do? Share your thoughts with us on Facebook.

Additional articles on health and public safety are available to the public free of charge through our office. To request one, please call 888-752-7474 or contact us online.

September 5, 2014

Six Get Food Poisoning at Newport Beach Restaurant

Shigella boydii

Shigella boydii (Photo credit: Wikipedia)

Six people experienced the symptoms of food poisoning after eating at Newport Beach restaurant True Food Kitchen, reported the Orange County Register. After eating at the Fashion Island restaurant, which offers plant-based and other health-oriented options, on August 21, 23, 24, and 25, the diners came down with severe diarrhea and tested positive for the intestinal bacteria shigella. Investigators suspect the bacteria was passed from ‘person to person,’ as none of the victims ate the same dish. The county shut down True Food Kitchen on August 28, allowing it to reopen last Saturday after it sanitized the restaurant and disposed of all ready-to-eat foods. Replacement staff will be serving diners until all regular employees are tested and cleared to return to work.

Shigellosis as a Cause of Food Poisoning

An infectious disease caused by a group of bacteria called Shigella, Shigellosis causes diarrhea, fever, and stomach cramps a day or two after victims become infected. Symptoms usually last for 5 to 7 days, and hospitalization is rarely necessary for cases in the United States. Antibiotic treatment is only necessary when patients are already suffering from severe disease or compromised immune systems. Not all victims experience symptoms and may unknowingly spread the bacteria to others.

While about 14,000 cases of shigellosis are reported annually in the U.S., the number of infections may be twenty times greater than this because milder cases are seldom diagnosed or reported, according to the Centers for Disease Control and Prevention.

Poor hygiene is often a cause of shigellosis, especially in child-care settings. Toddlers aged 2 to 4 are most likely to become infected, and infections are more common in summer than in winter.

Washing hands with soap carefully and frequently—especially after using the restroom or changing diapers—and ensuring children do the same is an effective way to prevent the spread of shigellosis-associated food poisoning.

Where to Report Food Poisoning in Orange County

Those experiencing the symptoms of food poisoning may report their cases to the Orange County Environmental Health Department by calling 714-433-6418 or filing a complaint online.

What do you think? Would you eat at True Food Restaurant after this food poisoning incident? Share your thoughts with us on Facebook.

Additional articles on public health and safety are available through our office free of charge. To request one, please call 888-752-7474 or contact us online.