May, 2023 | Dolan Law Firm

Asian American, Native Hawaiian and Pacific Islander Heritage Month

Every May we take extra time to celebrate Asian American, Native Hawaiian, and Pacific Islander (AA and NHPI) Heritage Month by shining a light on AA and NHPI experiences and paying tribute to the generations of AA and NHPI who have enriched America’s history and are instrumental in its future success. Although today marks the last day of AA and NHPI’s heritage month, we continue to learn and celebrate the light and love in our diverse AA and NHPI communities. We must also unite to expand our understanding of racism and xenophobia to be true allies. We continue to stand up against violence and rhetoric against Asians, Asian-Americans, Native Hawaiians and Pacific Islanders. When we are honest about the past, we can begin to heal from the wounds of hate and in doing so, make a better future together.

Some recommended influential Asian American and Pacific Islander Authors: Cathy Park Hong “Minor Feelings,” Ocean Vuong “On Earth We’re Briefly Gorgeous,” Amy Tan “The Joy Luck Club,” Viet Thanh Nguyen “They Sympathizer,” Jhumpa Lahiri “The Interpreter of Maladies.”

https://www.pbs.org/articles/10-must-read-aapi-authors/

https://www.nps.gov/subjects/aapiheritage/people.htm

Mabel Lee was a suffragist who mobilized the Chinese community in America to support women’s right to vote leading up to the 19th Amendment to the Constitution that gave many women in the US the right to vote. She was also the first Chinese woman to earn a PhD in economics from Columbia University.

Tye Leung was a civil rights and community activist born in San Francisco’s Chinatown in 1887.

Wilhelmina Kekelaokalaninui Widemann was born in 1861 at Lihue, Kauai in the Kingdom of Hawaii, she was a suffragist.

Larry Itliong was a Filipino American labor organizer and civil rights activist. He played a central role in the founding of the United Farm Workers (UFW) union.

Ruth Tanbara was a pioneering Japanese American community leader in St. Paul, Minnesota. Tanbara was a community leader in St. Paul, Minnesota, who assisted with Japanese American resettlement during and after World War II.

Hong Yen Chang was reportedly the first Chinese immigrant licensed to practice law in the United States. Though admitted to the New York State Bar, he was denied admission to the California State Bar in 1890.

The daughter of Indian and Jamaican immigrants, Kamala Harris is the current vice president of the United States. In addition to being the first woman to hold this office and the highest-ranking female government official in U.S. history, she is also the first Asian American or African American to fill the role.

Written By Chris Dolan and Aimee Kirby

This week’s question comes from Laurie in San Francisco, CA, who asks: I want to understand why attorneys are not interested in my daughter’s case. Fellow students physically bullied my daughter for years in middle school. When it started happening, I thought the best approach was to let the kids work it out amongst themselves. When it poured into her second year in middle school, I talked to her teachers about it, and they all indicated they didn’t see anything happening in their classrooms. By her last year in middle school, it got really bad. She withdrew from us at home, was very anxious, and I believe she was receiving threats on social media. She wouldn’t talk much about it, and I think the teachers telling us that they didn’t see it happening made her feel like maybe it was not occurring. My family and I decided to move school districts so she could start fresh at a high school without bullies. She has been doing much better at her new school this year and will be a Sophomore next year. As she has gotten some distance from what happened, she has told me more details of what occurred for three years in middle school.

My daughter told me that three girls, whom she refused to name, would follow her in the hallways at school weekly and push and shove her while laughing at her. The girls would make fun of her clothing and hair (my daughter is half African American and half white in a predominately white school). They would also find her during lunch and get people to join them in making fun of her. She also received texts and calls from various numbers she didn’t know. My daughter didn’t save these horrible, mean texts, and we have no way to prove this happened. Is it too late to sue for what happened three years ago? Attorneys told us we missed a deadline in the law and refused to take the case.

Dear Laurie,

I am so sorry to hear what your daughter endured during middle school. Many dismissed bullying when I was in school as “kids being kids.” Today bullying is finally getting attention throughout our country. With the advent of social media, bullying has taken on a new form, far from prank calls and toilet papering houses to disturbing behavior that can hurt children very deeply. These cases are just starting to get the justice they deserve as everyone slowly abandons the “kids being kids” mentality.

The first thing an attorney will do is determine the Statute of Limitations for your cause of action. The Statute of Limitations for a civil case dictates how much time you have to settle your case or file a civil lawsuit. You would have two separate cases here. One case would be against the school district for negligent supervision of your daughter, and the second would be against the parents and children who did this. Depending on the facts, sometimes the actions of a minor can be attributed to the parents. Both cases have different Statutes of Limitations.

Claims and lawsuits against Government Entities are complex and generally can only be handled with an attorney. When you sue a Government Entity, like a School District, you must give them notice of the claim within six months of it happening and file a civil lawsuit generally within one year of it occurring. If you fail to file the Notice of Claim within six months, you can seek relief from the government entity and, if denied, the court if you are within one year of the act happening. There are exceptions to these requirements for childhood sexual abuse victims because the law recognizes that children often suppress these memories until adulthood as a coping mechanism.

If you are not suing a Government Entity, the general statute of limitations for personal injury is two years from the date of loss unless the child is a minor. Then you have 18 years plus two years for the Statute of Limitations to expire. That means that you would have the possibility to sue on your daughter’s behalf the parents and the children that did this. The case appears to have lapsed against the school district if a year has passed since the last bullying incident.

However, when considering what actions to take in cases involving children, we always counsel our client on what the recovery may be and what the litigation would require of the minor and their family throughout the litigation. In this case, the causes of action against the minors and parents would be intentional torts. That means they are not an accident but an intended act. The problem with intentional torts is that there is no insurance for the acts, so these parents would have to have liquid assets to make any settlement offer. Without applicable insurance, any recovery will be difficult.

The other consideration is the mental well-being of your daughter. You could option filing in small claims court, which has a cap on the award amount. However, in that situation, your daughter would still have to appear in court, tell the judge what happened, and deal with facing these children, perhaps again. Filing in Small Claims Court limits in-person depositions and written discovery. The litigation experience is challenging for children, so we only suggest it when the financial recovery is significant and can help them in their future. It is a balancing act that only a parent can decide for their child as to whether filing makes sense. In your case, there was a limitation on suing the School District because the statute had expired to file. Additionally, the lack of insurance to cover the minors and the parents, and the amount you would be awarded, are grounds for which the attorneys you have spoken to may have decided not to move forward with representing you.

I am so sorry this happened to your daughter and that the law, both criminally and civilly, doesn’t have the justice she requires. I hope the distance from these kids and the new school help your daughter and your family heal.

Written By Chris Dolan and Emile Davis

This week’s question comes from Josh in San Francisco, CA, who asks: I was leaving a store last Friday and was in the parking lot heading toward my car. As I walked, I looked up to see where I had parked. I tripped over one of those parking block things at the end of a parking space. I went down and scraped my knee and hands, but thankfully, I was mostly okay. But it got me thinking about how many of those things are everywhere. If someone is seriously hurt tripping on one of those, do they have a lawsuit?

Hi Josh,

I am happy to hear you were not severely injured. I can tell you that we have represented many pedestrians, like yourself, as well as bicyclists, who have unexpectedly encountered a parking block, causing injury. Parking blocks, or wheel stops, as they are sometimes known, are the small barriers used at the end of parking spaces to assist drivers with parking their vehicles. They are one of the hazards we see regularly.

To understand how that works, in a legal sense, we must look at the many factors determining if the wheel stop would form the basis of a lawsuit. When those blocks are in a privately owned area, the lawsuit would be known as a “premises liability.” It would be a “dangerous condition of public property” in a publicly owned area. The central part of either of those cases is the same – Did the block’s placement create a foreseeable risk of harm?

As you described, parking blocks are often used in parking lots to prevent vehicle encroachment into an opposite parking stall or onto sidewalks. They are not designed to be an actual barrier to stop a vehicle but to notify a driver that they have reached the end of the space.

We all have expectations about where we expect to see parking blocks. People expect them to be there and can account for that when walking or cycling. They create less of a hazard when neatly lined along a curb or in rows at the end of defined parking spaces. When a person’s expectations of placement are met and they have the ability to see with time to react, it is easy to navigate through or around wheel stops.

However, when the placement diverges from expectations, it can create a more dangerous situation. For instance, if the block is at the end of a parking stall, but in the middle, or if it is not centered within the stall, placed off to one side, it is much less likely that people will be able to anticipate and avoid encountering the hazard. A parking block in a completely unexpected location, such as being placed on a bicycle path or at the end of a trailhead, it becomes an even greater hazard.

You must be able to see a parking block to avoid it. Therefore, sufficient lighting that allows visual recognition of parking blocks is essential. In addition to illuminating the area, the parking blocks must stand out from the underlying pavement to avoid tripping. You may have noticed that parking blocks are often made of light-colored concrete, which stands out against the dark pavement below them. This contrast in color helps to make the blocks more visible. They can be made even more visible by adding reflective stickers, or paint, in a contrasting color.

In a parking lot, visibility is crucial because people tend to focus on finding their vehicle or watching out for moving vehicles. This makes it challenging to pay attention to where they are walking, and any unexpected environmental changes can be risky. If a block does not have a contrasting color, it can blend in with the surroundings and become difficult to spot.

If you, or someone you know, is injured by tripping, cycling, or otherwise encountering a wheel stop, or parking block, have them call an attorney experienced in this area of law, such as the Dolan Law Firm, to evaluate their claim.

Written By: Chris Dolan and Allison Stone

This week’s question comes from Andie in San Francisco, who asks: Spring is upon us, and more and more of us ride our bicycles outside. What are some simple tips for riding our bicycles safely?

Andie,

“Bicycle Safety Month” and “Bike To Workday” are both in May so it is a great time to review some of the safety tips. While bicycling is a great means of transportation and exercise, it can also be quite dangerous if cyclist don’t take certain precautions. Unfortunately, collisions between cyclists and motorists are common and often result in serious personal injuries.

According to the DMV, over 100 bicyclists are killed, and over 10,000 are injured yearly in California collisions. Bicyclists have the same responsibilities as motorists. It is important to remember the following safety tips every time you ride a bike:

ALWAYS WEAR A HELMET WHILE BICYCLING

The basic law in California is that: bicyclists aged 18 and older riding on a street, bikeway, or any other public bicycle path, sidewalk, or trail are not required to wear a bicycle helmet while riding a bike, while bicyclists under the age 18 riding on the street, bikeway, or any other public bicycle path, sidewalk, or trail are required to wear an approved, properly fitted and fastened bicycle helmet, both while operating a bicycle and while riding as a passenger, including a restraining seat attached to a bicycle or in a trailer towed by a bicycle. California Vehicle Code Section 21212(a).

In other words, for adult bicyclists, no law requires using a helmet, but for those under 18, helmet use is mandatory except while bike riding on private property.

Nevertheless, we strongly recommend that minors and adults wear bike helmets in every situation. Helmets can reduce the risk of head and neck injury in a bicycle versus auto collisions.

It is also essential to know and understand that although adults are not required to wear a helmet in California if injured in an accident while riding without a helmet, even where the other person or driver is at fault, the lack of a helmet is likely to be an issue in your case and the other driver will argue that you should are responsible for all or at least a portion of your injuries due to your failure to wear a helmet.

Remember, helmets have an expiration date. They can degrade over time, so be sure to replace them when it is time for a new one. Consider replacing the helmet in a collision, even if you do not see damage.

ALWAYS USE LIGHTS, REFLECTORS & BRIGHT CLOTHING

One of the most important tips for bike riders is that you want to be noticeable to drivers. Bikes are significantly smaller than cars and, therefore, inherently far less evident to drivers.

Using lights and reflectors at night is the law. Lighting includes but is not limited to a front lamp emitting a white light visible from 300 feet in front and the sides of the bicycle and a rear red reflector or a solid or flashing red light with a built-in reflector visible from 500 feet. Be sure to refer to California Vehicle Code Section 21201 which sets forth the specific requirements for all the reflectors and lights required on the bike.

Further, the California Vehicle Code sets forth a minimum requirement. You always want to do whatever you can to make yourself more visible.

A bright front headlight paired with a blinking taillight enhances visibility, particularly if you commute on your bike. Reflective tape and stickers for your bike and helmet are also a good idea to make you more conspicuous.

Additionally, wearing bright clothing such as orange and yellow helps drivers see you from farther distances and especially in busy areas, at night, and in bad weather (dawn, dusk, gloom, or fog). Avoid wearing dark clothing when it is dark outside.

MISCELLANEOUS TIPS FOR BIKE RIDING SAFELY

First and foremost, always obey traffic laws, including signaling, obeying traffic lights and signs, and do not jump or attempt to beat a red light. Riding predictably and lawfully allows other drivers to predict your behavior and avoid a collision due to conduct that is out of the ordinary or unexpected.

As with driving an automobile, always be alert and aware of your surroundings and the conditions around you. Do your best to assess potential impediments, obstructions, and other negligent drivers on the road. Many accidents occur at junctions and intersections, so take extra steps, such as making eye contact with the other drivers on the road, to ensure you are seen in these areas, including crossings. Be sure to look over your shoulder before turning or changing lanes. Also, use your bell to warn other bicyclists and pedestrians of your presence. Never assume others see you.

Try to ride a door’s width from parked cars to avoid a car door opening in your path and hitting you.

Remember to remain distraction-free—do not text or look down at your phone. Avoid riding and wearing headphones to ensure you can hear everything around you. You do not want to be doing anything or listening to anything which may prevent you from seeing or hearing your surroundings.

Always keep both hands on the handlebars.

Do not consume alcohol when riding a bike.

Ensure your bike is in good, roadworthy condition, including maintaining the brakes and tires. Before riding, always check to make sure the brakes, lights, bell, and reflectors are working properly.

Auto versus bicycle collisions can have severe consequences for bicyclists. Keep these tips in mind to stay safe.

May is National Bike Month/Bicycle Safety Month and our Bicycle Accident Personal Injury lawyers want to remind all cyclists to ride safely and avoid any serious bicycle crash injuries. We encourage bicyclists to follow traffic laws, use proper hand signals, be aware of their surroundings and, most importantly, wear a helmet. The Dolan Law Firm is also giving away up to $200 cash towards a new helmet of your choice to promote safety awareness for bicyclists. If you would like to sign up for the giveaway, click here.

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We have sponsored local bicycle groups for many years, including the California Bike Coalition, the Bay Area’s biggest Bicycle event with San Francisco Bicycle Coalition, Bike East Bay and the Marin County Bicycle Coalition. This annual event is celebrated by thousands of people who choose to leave their motorized vehicles at home and participate in a healthier alternative to get to work, school, and other activities.

On Bike to Work Day 2023 (BTWD 2023), energizer stations will be set up throughout the Bay Area, supporting early morning cyclists with free swag and safety tips on bicycling in urban areas.

Before you head out and bike, we want to make sure you ride safely. Click here to download our free Bay Area Bike and Safety Law Guide to celebrate the biggest day for bicycles.

Written By Chris Dolan and Eric St. John

This week’s question comes from Barry from San Francisco, who writes: Hello, I live in San Francisco, and it is starting to warm up. Whenever summer comes around, fireworks go off in my area. I was wondering, are fireworks legal in the Bay Area?

Dear Barry,

Thank you for writing in with your comments and questions. The simple answer is that fireworks are illegal in California and the Bay Area. There can be both criminal and civil penalties for possessing them or setting them off, especially if someone or something gets damaged in the process.

Digging into firework laws a bit more, we learn that in California, there are two categories of fireworks recognized by the law: “dangerous fireworks” and “safe and sane fireworks.”

Dangerous fireworks shoot, explode, move along the ground, or are moderate in size. These types of fireworks include Roman candles and firecrackers. Dangerous fireworks are always illegal in the Bay Area and all of California. The only exception is for licensed pyrotechnic operators who receive formal approval to put on a firework display, typically around holidays like the Fourth of July.

Safe and sane fireworks, such as small sparklers or snap caps, are small and do not explode, move, or fly. The California Department of Forestry and Fire Protection puts out a complete list of safe fireworks. Only licensed retailers can sell safe and sane fireworks, from June 28th to July 6th each year.

Firework laws in the Bay Area vary from county to county, but, in essence, all types of fireworks are illegal in all counties in the Bay Area. It is always illegal to give any fireworks, even safe and sane, to anyone under the age of 16. Solano and Sonoma County have an exception for safe and sane fireworks around the Fourth of July only.

There can be criminal and civil trouble for using fireworks, especially if someone gets hurt.

Criminally, violating firework laws carry penalties of up to 1 year in county jail and a fine of up to $1,000. These criminal penalties can increase to a felony offense if someone is in possession of a large quantity of dangerous fireworks or uses them in an unsafe manner. A felony firework offense can result in up to 3 years in State prison and fines of up to $50,000. Various other charges tend to attach to firework cases, including dangerous or reckless burning, disturbing the peace, and even arson.

Civilly, if fireworks harm someone, they may have legal recourse through a personal injury lawsuit. This would involve making a claim that someone else’s negligence or intentional conduct using fireworks caused injuries.

So why are fireworks illegal, and what is this fuss about? Well, for many people, fireworks are a fun toy to play with. The reality is that fireworks are explosive, flammable, hazardous, and can cause life-altering injuries, even death. All it takes is one lapse of judgment to end up with lost appendages or an uncontrollable fire.

According to the National Fire Protection Association, in 2019, U.S. emergency rooms treated over 10,000 individuals for fireworks related injuries. The injuries included burns to all parts of the body, lost fingers, loss of eyesight, hearing loss, shrapnel wounds, concussions, and death in the worst of incidents. The vast majority of these injuries occurred in the summer season.

Take sparklers, for example. Sparklers are typically seen as “safe” fireworks that children are given to wave around to see the sparks dance. But sparklers can burn up to 1800 degrees Fahrenheit and cause thousands of burn injuries each year.

Beyond the physical damage they can cause, fireworks cause an average of 18,500 reported fires yearly, resulting in an average of $43 million in direct property damage. Californians must take the risk of wildfires seriously. The summer heat and use of fireworks do not mix well for wildfires and the use of fireworks should be avoided.

Although fireworks are illegal, the reality is that regardless of the law, people are going to be out and about using fireworks, especially around the Fourth of July. Our goal here at Dolan Law Firm is to prevent injuries and reduce the harm in our world. But we must acknowledge that people will violate the law and still engage in dangerous behaviors. So, here are some things to watch out for if you are around fireworks:

Pyrotechnic experts will put on firework shows, it is safer to watch a professional set off fireworks rather than do it yourself.
Never point fireworks at someone else, even if unlit; you should not place any trust in the explosive in your hand.
Fireworks should never be modified or attempted to be modified. Any modification can cause a sudden combustion and is unpredictable. Modifying fireworks has resulted in extreme injuries and death.
Even safe and sane fireworks, where legal, should only be used in an outdoor environment, away from trees, brush, buildings, and other flammable materials. Keep a bucket of water and a hose nearby in case of a fire or accident.
If you are going to dispose of fireworks, soak them in water before placing them in any trash bin. If they are dangerous or illegal fireworks, call the authorities and allow them to dispose of them.

Above all else, be safe out there. Setting off fireworks may be perceived as a fun and joyous activity, but the reality is that fireworks are dangerous, and one mishap can result in life-changing injuries.

In San Francisco, you can call 311 to report the unsafe use of fireworks. If there is an immediate threat of injury or property damage, you can call 911 directly.

Last month, Attorneys Chris Dolan and Megan Irish published an article highlighting the concerning frequency of cars crashing into convenience stores. These storefront crashes are a known risk to stores and they can prevent them by installing bollards. This week, Christopher B. Dolan had the opportunity to discuss a case (Sisemore v. 7-Eleven) along with Robert Reiter, founder of Storefront Safety Council, highlighting the importance of storefront safety and how bollards can be extremely effective in preventing injuries or even death at convenience stores.

See the exclusive interview with Inside Edition here:

About The Case (Sisemore v. 7-Eleven):

On approximately May 31, 2019, Ms. Sisemore made a routine stop to get gas at a 7-Eleven station. The machine card reader at the pump would not read her card so she went in to pay. Unaware of what was going to happen, while she was paying for gas at the counter, a car crashed through the door and hit her while she was inside the 7-Eleven.