Trial By Jury: An American Institution

Written By Christopher B. Dolan

This week’s question comes from Frank T. in the Mission District: I got a jury summons in the mail. Why do I keep getting them? I don’t want to sit on a jury and take time away from work. 

Frank,

I know this is a sentiment shared by many right now. The right to trial by a jury of one’s peers is enshrined in the Bill of Rights that was formed at the time of the birth of our Nation. When The Colonies were under British rule, citizens had no right to have members of their community decide their fate.  Justice had become politicized, and it was administered pursuant to British law, and as a manner of repression, as the colonists were considered British subjects. British law was often unjust and unfair to the Colonists and failed to recognize the realities of living in the New World. This was one of the many injustices that spurned the birth of our Democracy. Trial by jury was, and largely remains, an American institution with most countries not offering jury trials to their citizens.

The right to trial by jury was established under and through the Seventh Amendment to the Bill of Rights.  As such it was one of the original rights for which a war was fought, blood was spent, and lives were sacrificed. The right to trial by jury is also guaranteed by Section 16, of Article One, of the California Constitution.  

What was once considered a fundamental right and honor is now perceived by many as an annoying and disruptive inconvenience. Not to minimize the impact that you feel jury service has upon your personal circumstances, too many of us now take for granted our democratic freedoms, rights and responsibilities. Jury service is an apolitical right and in today’s environment where the courts have become more politicized, the fact that a jury pool is drawn from a broad cross-section of our community is perhaps one of the most apolitical aspects of our Democracy.  

As your name, Frank, suggests that your pronoun is male, and you reference your spouse with the pronoun he, I deduce that you are in a same sex marriage. (If my assumption is incorrect, please forgive me.) I want to put this into some perspective: imagine if you or your husband were accused of a crime, were the victim of a hate crime, or been deprived a civil right based upon your sexual orientation. If you lived in another state, not as progressive as California, the judge might be an elected or appointed official who is homophobic, or against gay marriage, and she/he would be the sole decisionmaker on your case. That prejudice could very well affect the outcome of your case and be demoralizing. Likewise, no members of the LGBTQIA+ community to heed the call to jury service, you would not receive a jury of your peers.  

No one knows the case you have been summoned for as of now. Jurors are randomly selected from DMV records, voting rolls and other public sources of information and, until the day you show up at the courthouse, there is no way to know what type of trial, or what type of issue, is involved. In San Francisco, if you are summoned to 400 McCallister Street chances are that it is a civil trial involving disputes between two parties, two businesses, or an individual seeking justice against much more powerful interests such as corporations and/or the government. If you are summoned to 850 Bryant Street, it is most likely a criminal case.  

Since COVID began, I have tried cases to verdict, one in September 2021 against a police department and officer where there was a claim of unlawful and excessive use of force resulting in a shooting and one against an insurance company for injuries suffered in a collision. I selected juries, presented the facts, and received verdicts in favor of my clients who otherwise would never have received justice. Had jurors not shown up, my clients would never have had their chance to receive fair and impartial justice. We would never have been able to stand up to the police and, quite possibly, given the judge and venue in another state, we would not even have had a chance, much less won.

The right to trial by jury is already threatened by big monied interests that don’t want trial lawyers like me to balance the power dynamics. Organizations which I am proud to be a member of, such as the American Association of Justice, and the Consumer Attorneys of California, fight diligently and help preserve the right to trial by jury.  

Many jurors, originally reluctant, after serving their jury service are glad they did it. They feel proud of being a group of twelve (or six in Federal Court) who participated. I hope you take the call to service and have a meaningful experience. Lastly, just because you are called for jury duty doesn’t mean you will serve. Many times, jurors are not needed as a case gets resolved or settled. Even if you are called into court, most jurors do not get selected, as often more jurors are called then end up being needed.

I hope this helps you see things in a different light. Without Jurors, the light of democracy dims remarkably.  

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Can Technology Solve the DUI Problem?

Written By Chris Dolan and Jeremy Jessup

This week’s question comes from Annie from Oakland, who asks: I recently read an article about the Simmons family out of Louisiana, their tragedy, and how the family is taking steps to educate teenagers about the perils of drinking and driving. That story, coupled with the fact that the July 4th holiday is upon us, had me thinking; with all the advancement of technology, why are there still drunk drivers on the road, and is July 4th the most dangerous day to drive?

Thank you for raising this question.

I, too, have read about the Simmons family, their loss, and their attempts to raise awareness. Unfortunately, their story is not as unique as it should be. Drunk driving remains a significant problem throughout the country, and certain days are more dangerous on the roads than others. 

Alcohol-related crashes are responsible for 30% of all U.S. traffic deaths, and in 2020, the most recent year data is available, was responsible for killing more than 11,000 people on the roads. That number has gone up by 14% since 2019, according to the National Highway Traffic Safety Administration.

MoneyGeek recently posted findings from an analysis they performed. They analyzed historical data from the U.S. Department of Transportation and the National Highway Traffic Safety Administration (NHTSA) to forecast 2023’s most dangerous days, weeks, and holidays for driving under the influence (DUI) in the United States.

Their key findings were as follows:

  • MoneyGeek forecasts 13,490 DUI fatalities in 2023.
  • The historical trend of DUI fatalities that drives the forecast has increased. 2021’s DUI fatalities are 23% higher than 2016’s and are at levels not seen since 2003.
  • Summer will account for 28% of drunk driving-related fatalities, making it the deadliest season.
  • The week of July 4th is forecasted to be the deadliest in 2023, with 311 expected fatalities.
  • On New Year’s Day, drunk driving-related deaths spiked 117%, making it the most dangerous holiday for drunk driving.
  • 60% of drunk driving-related fatalities happen on the weekends (Friday through Sunday).

According to MoneyGeek’s analysis, drunk driving incidents are prevalent every day of the week, but certain seasons bring out more than usual. For example, 28% of DUI-related deaths are projected to happen in the summer of 2023. Fall is close behind summer, coming in with 27%. Spring has 24% of DUI incidents, and winter, with 21%, is the least likely season to be involved in a DUI-related fatal collision.

The top five riskiest holidays for drunk driving are:

  1. New Year’s Day
  2. July 4th
  3. Thanksgiving
  4. Labor Day
  5. Memorial Day

As mentioned above, the likelihood of a drunk driver causing a fatal collision on New Year’s Day is 117% higher than on any other day of the week or season. Unlike other holidays, where festivities may last several days, New Year’s only lasts one night, with people returning home in the early hours of the following day. 

Based on MoneyGeek’s figures, July 4th is in a distant second position compared to New Year’s Day. On July 4th, your chances of encountering drunk drivers are 77% higher than the norm. With a risk of 55% higher than the trend, Thanksgiving is the third most hazardous holiday.

Labor Day is the fourth most risky holiday for drunk driving (54%), and Memorial Day is the fifth most risky holiday (51% more than average). On Christmas Day, fewer people tend to leave their homes; therefore, the likelihood of running into a drunk driver is 9% higher than usual.

Given the high rate of fatalities, which seems only to be rising, the question becomes, what is being done about this? Heather Geronemus, chair of the board for MADD, “believes that technology will ultimately solve the problem of drunk driving. We are working on Capitol Hill to support legislation such as the RIDE Act and HALT Act, which would direct the Department of Transportation to require new cars to have advanced technology to detect and stop drunk drivers.” She is not too far off.

Buried deep on Page 135 of a $1 trillion spending bill signed by President Biden in 2021 is a provision that by 2026, all new vehicles sold in the U.S. must have a system that will immobilize the vehicle, when drivers are under the influence of alcohol and if they are drunk. 

There’s only one issue: technology doesn’t exist for a widely used commercial application yet. As reported by Automotive News, the technology to passively detect if drivers may be drunk could be years away. However, efforts are underway to offer the tech as soon as possible. 

Asahi Kasei, a Japanese chemical and electronics company, may be closest to presenting a solution. They have had a Swedish subsidiary working on alcohol detection sensors for other applications for some time, according to AutoNews. This technology would automatically test a driver’s breath for alcohol and stop a vehicle from moving if the driver is impaired.

“To be honest, I think it took everybody by surprise, not only in our company but at all the OEMs and Tier 1’s that this legislation appeared,” Mike Franchy, North American director of supplier Asahi Kasei told Automotive News. 

Another company is working on a technology that could test a person’s blood alcohol level through their fingers. Again, this technology is far off.

As of now, it appears that auto manufacturers are trying their best to meet the 2026 timeline. However, even if the technology is there, it will take time to implement and cycle through the new cars. Hopefully, one day there will be no more articles to read like that of the Simmons family or for articles such as this to be written. 

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Summer Travel | Create a Safety Checklist

Written By Chris Dolan and Megan Irish

This week’s question comes from Pam from the East Bay, who writes: It’s summertime, and the kids are out of school. We will be hitting the road and seeing the sights all over California. Any tips or advice for us when we hit the road to be safe in our car?

Pam,

That sounds great. A family road trip can make memories to last a lifetime. Before you take to the roads, doing vehicle maintenance and understanding your route is a good idea.

The National Highway Traffic Safety Administration recommends many safety checks. Here are a few:

Check your air conditioning system, as it must work harder in the summer heat. Having air conditioning in good working order is not only a comfort factor but can be essential for children or older adults. Heatstroke can be a serious or deadly consequence of an overheated car.  Even with windows cracked, a car starts heating up, and outside temperatures as low as the 70s can quickly reach lethal levels.  Never leave a child, an older adult, or a pet in a car.

While under the hood for the air conditioning, look at the belts and hoses, as the warmer temperatures can cause the rubber and hoses to deteriorate. Also, check the connections, and secure any that may need tightening. Should the hoses and belts be cracked or bulged, it’s time to replace them. (If you are not familiar with these items have your local mechanic shop review this for you).

Are your fluid levels where they should be?  Check out the oil, brake, transmission, power steering, and windshield washer fluids.  Top up each reservoir as needed.

Look at the tires, and make sure they have sufficient tread. The tread should be at least 2/32” or greater on all tires.  You can use a penny to check the tread.  Place a penny upside down into the tread; if you can see the top of President Lincoln’s head, the tread is too thin, and it is likely time for new tires.  Is the wear even on the tires?  If not, an alignment may be in order.  Also, are they properly inflated?  Check your tires’ pressure when the car has not been driven for at least three hours (after the tires have cooled) and compare the readings to the sticker mounted on the pillar of the driver’s door frame.

How are your headlights, brakes, and turn signals?  Are all the bulbs working?  Also, look at the emergency flashers to ensure they perform properly.  Additionally, ensure your floor mat is debris-free and installed properly on the floor.  If it has started to fray or become damaged, it could get in the way of the driver moving their foot from the accelerator to the brake pedal.

Finally, make sure your seatbelts and car seats, as needed, are in good condition and properly installed.

Once the car is ready, make sure you have safely packed, and none of the bags block the driver’s ability to use mirrors and inspect blind spots as they are driving and changing lanes.

Take a moment to familiarize yourself with your route.  CalTrans has online resources that provide current highway conditions, including planned closures.  Also, while GPS is a wonderful tool, being aware of your route means you spend less time looking down at the device and more time looking at the road, a much safer approach.  Your device may lose battery power or fall in a river, or knowing your route is a safe preparation.  Let people know when you expect to arrive somewhere, so someone will check on you if you are outside your arrival window.

When traveling with children, you can have simple games to amuse them.  Three simple but fun car games are looking for out-of-state license plates, finding cars in the color of the rainbow, or the truck imagination game, where the kids take turns telling a story of what is in the back of the closed container of an 18-wheel truck.  Kids of all ages can play on trips and have lots of fun.

Make safe choices while you are out on the road.  Pay attention to your surroundings and be alert when you stop for gas or other essentials. Use your seatbelt and respect the speed limit.  Do not drink or use drugs while operating a vehicle.

Depending on your experience some items we discussed could be delegated to your local mechanic shop. Just make sure to ask them to take care of any concerns you may have.

Most importantly, have a great time with your family and make those road trip memories.

 

Christopher B. Dolan is the owner of the Dolan Law Firm. Megan Irish is an associate attorney in our Oakland, CA, office. We serve clients throughout the San Francisco Bay Area and California from our offices in San Francisco, Oakland, and Los Angeles. Email questions and topics for future articles to: help@dolanlawfirm.com. Each situation is different, and this column does not constitute legal advice. We recommend consulting with an experienced trial attorney to understand your rights fully.
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What is Juneteenth?

The Dolan Law Firm celebrates and commemorates the importance of Juneteenth, a day that teaches us the importance of continued work towards liberation and highlighting/supporting our black communities in every possible way. It is important to pause and reflect on our nation’s history of oppression, and the resounding call for true liberation and equal justice for all. 

What is Juneteenth?

Juneteenth commemorates the true end of slavery in the United States, a significant milestone in American history that remains under-recognized to this day.

President Abraham Lincoln signed the Emancipation Proclamation, declaring the end of slavery in the United States on January 1, 1863. However, enforcement was slow. It took an additional two and a half years for General Gordan Granger to arrive in Galveston, Texas, to announce the end of slavery through General Orders No. 3.

“The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor.”

In other words, enslaved people in Galveston, Texas did not know they had been freed until June 19, 1865. This date marks the true end of slavery in the United States.

On June 17, 2021, Juneteenth became a federal holiday when President Biden signed a resolution supported unanimously by the Senate and with an overwhelming vote by the House in favor. All 50 states and the District of Columbia now recognize Juneteenth as a holiday or observance, and at least 22 states and the District of Columbia have designated Juneteenth as a permanent paid and/or legal holiday through legislation or executive action.

Juneteenth has also been celebrated under various names such as the following:

  • Freedom Day
  • Jubilee Day
  • Liberation Day
  • Second Independence Day
  • Emancipation Day
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Supreme Court Upholds the ICWA as Constitutional

Today, the United States Supreme Court stood for what is just for Indian Country as the ICWA (Indian Child Welfare Act of 1978) was upheld by a 7-2 vote. The ICWA recently came under attack in Haaland v. Brackeen (2023), a case brought by the states of Texas, Louisiana, and Indiana, as well as a number of individual claimants, seeking to establish the ICWA as unconstitutional. 

The ICWA is a 45-year-old federal law that protects the well-being and best interests of Native children, their families and their communities. The ICWA prevents the arbitrary removal of Native children from their homes by public and private agencies. The ICWA recognizes Native families and tribal communities as the dominant authority for determining how to protect their own children. Recognized by child welfare experts as the gold standard in child welfare practice, the ICWA has for decades helped tens of thousands of Native children and families remain intact, as well as find fairness and healing in state child welfare systems. The ICWA was established in response to the United States government’s long historic campaign of destruction and erasure of Native peoples and communities, which in part, included the forceful removal of Native children from their homes and placement in non-Native homes without consent or justification. This win recognizes the importance of preserving the culture, communities and existence of Native peoples. 

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Who Is Responsible for Railroad Tracks In the City?

Written By: Chris Dolan and Megan Irish

This week’s question comes from Renee from Atlanta, Georgia writes: After living in San Francisco for a few years and appreciating the city’s charm, I went on a bike ride with my husband. We were meandering, exploring the area by bike after having a lovely picnic. While we were riding, I looked at a butcher shop on the road beside me, and when I got to the corner, I noted the street signs so I could come back later and shop. Unfortunately, this simple distraction meant I rode a few inches outside of the bike lane, and when I did, my bike tire slipped into an abandoned railroad track in the roadway. I attempted to steer out, only to find myself and my bike toppling over. I stretched out my arm to break my fall, which was a terrible idea. Instead of breaking my fall, I broke my humerus head in three places. After searching for the right surgeon, they repaired my injury with a plate and nine screws. It took me a year of intense physical therapy to regain about ninety percent of my mobility. Lesson learned. Do not steer out of the tracks but instead stop. Is there anything we can do to make the roads safer for cyclists? How can we improve awareness for cyclists about how dangerous the tracks are for them? The groove is just the size to trap a bicycle tire and cause others to fall, just like I did. I wish there were something I could do, now that I have moved back to Georgia, to help keep San Franciscans safe while they enjoy the city on a bicycle. I want to spread my message to “Just Stop” so that folks can carefully stop riding and then remove their bicycle tire from the track groove and go on their way safely, thereby avoiding the dangers of the tracks on the roadway.

Dear Renee, 

Thank you for your note, and you are entirely correct; railroad tracks can be dangerous to bicycle riders. However, these are challenging cases to prevail on. If the tracks belong to the city, the city may have immunity from liability. According to the Government Code, section 830.6,

“Neither a public entity nor a public employee is liable … for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval ….” 

This protection for the city is called ‘design immunity.’ It means if the city properly approves the placement of the tracks, even if they are dangerous, an injured person may be unable to recover from the governmental entity. When tracks are in the roadway, the city or other entity would argue that anyone can see them as an open and obvious hazard. Unfortunately, just as in your case, looking about for directions, street names, or watching for other vehicle hazards means you are not always looking down for the small groove and may get your tires caught up in them. However, depending on the circumstances, an injured party may be able to argue that the dangerous condition constituted a trap under Government Code section 830.8 which states:

Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide traffic or warning signals, signs, markings or devices described in the Vehicle Code. Nothing in this section exonerates a public entity or public employee from liability for injury proximately caused by such failure if a signal, sign, marking, or device (other than one described in Section 830.4) was necessary to warn of a dangerous condition that endangered the safe movement of traffic and which would not be reasonably apparent to, and would not have been anticipated by, a person exercising due care. 

Generally, suppose a person using the roadway, with due care, would not have appreciated the dangerous condition. In that case, they may be able to argue that the condition constituted a trap and hold the entity liable for the dangerous condition. If the tracks are owned by a private railroad, the individual company may be responsible for the injury. Thank you for being so interested in keeping all riders safe and aware of the dangers the tracks may present for cyclists.  

 

Christopher B. Dolan is the owner of the Dolan Law Firm. Megan Irish is an associate attorney in our Oakland, CA, office. We serve clients throughout the San Francisco Bay Area and California from our offices in San Francisco, Oakland, and Los Angeles. Email questions and topics for future articles to: help@dolanlawfirm.com. Each situation is different, and this column does not constitute legal advice. We recommend consulting with an experienced trial attorney to understand your rights fully.
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Slip and Fall Injuries Can Be Serious and Complex

Written By Chris Dolan and Cristina Garcia

This week’s question comes from Rosa L. in the Mission District, who asks: Last weekend I was grocery shopping when suddenly I felt my left leg slip from under me. The next thing I knew, I was on the ground. Almost immediately, I felt a sharp, throbbing pain in my leg. I attempted to stand up but realized something was seriously wrong with my leg. I’m not sure who called the ambulance, but eventually, the paramedics placed me on a gurney and transported me to the hospital. At the hospital, I underwent X-rays and was informed that I had broken my leg and would require surgery. Thankfully, while waiting for the paramedics, one of the shoppers introduced herself and gave me her phone number. Later, she sent me photos of the spilled liquid and the aisle where I fell. I know that after a car accident, typically, the people involved exchange phone numbers, and there is a police report. However, I have never slipped and fell at a store before and do not know what to do next.  

Dear Rosa, 

I am sorry that you are dealing with this situation. After a slip and fall, some steps are important to take if you seek compensation for your injury:

  1. First, call the store and ask an employee to create an incident report. Also, provide them with the facts of the incident and specify the location in the store where you fell. Understandably, you may not be able to go into the store to submit an incident report due to your injury.
  2. Second, it is essential to preserve as much evidence as possible. Most grocery stores have video surveillance throughout the store. You should call the store manager and ask that they preserve all surveillance video from the incident date, as many places delete their surveillance video or record over old videos after a few days.

Slip and fall cases are complex and can be challenging when the injured person does not have evidence of a slippery substance on the ground or cannot identify the substance that caused them to slip and fall. It is great that one of the shoppers who witnessed the incident took photos of the liquid on the floor. The photos will assist you in proving that there were no warning signs alerting shoppers that the floor was wet.  

Once you file a personal injury claim, the defendant will likely ask for an opportunity to inspect your shoes and clothing from the date of the incident. The reason for doing this is that the grocery store will likely try to argue that your shoe caused your slip-and-fall. For example, the grocery store may contend that the sole of your shoe was worn down. Therefore, you most likely slipped due to the lack of traction in your shoes. Although your instinct may be to get rid of the shoes or clothes you were wearing on the date of the incident, it is important that you keep those items. 

 

Another step that you can take to preserve evidence is taking photographs of your injuries. This may be difficult to do yourself while you are at the hospital. However, you can ask friends and family to photograph your leg’s bruising and swelling. Once you are discharged, you will also want to keep a copy of your discharge papers, as they will briefly describe your injuries. During your recovery period, you should also keep a copy of receipts for the expenses you have incurred due to the incident. Those expenses can include medication and other medical devices such as crutches. 

Slip and fall cases are complex cases. Therefore, we recommend that you retain an experienced attorney to assist you in navigating the process and obtaining the compensation you deserve. 

 

For more information on Dolan Law Firm, you can go to dolanlawfirm.com.

 

To read more articles on our blog, visit us at dolanlawfirm.com/blog.

 

Christopher B. Dolan is the owner of the Dolan Law Firm. Cristina Garcia is a senior associate attorney in our Redondo Beach office. We serve clients throughout the San Francisco Bay Area andCalifornia from our offices in San Francisco, Oakland, and Los Angeles. Email questions and topics for future articles to: help@dolanlawfirm.com. Each situation is different, and this

column does not constitute legal advice. We recommend consulting with an experienced trial attorney to understand your rights fully.

 

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Swimming Pool Safety Act: Making Pools Safe for Children

Written By: Chris Dolan

James from Marin County asks: I just bought a house built in the 50’s. I have undertaken a significant amount of renovation both inside and outside. The home has a nice yard and a pool. The pool needs some work, and I am concerned because sections of the fence around the yard have fallen into despair. My neighbors have small kids and I want to be responsible and make the pool safe as I undertake the work. What guidelines do I have to make the pool safe?

Summer is upon us and each year it’s important to revisit safety laws and best practices in regard to residential swimming pools and spas. Drowning is California’s second leading cause of death for children aged 1-4 and even nonfatal drowning injuries can result in long-term disabilities from irreversible brain damage. Since most drownings in young children occur in home swimming pools, it is especially important that owners of residential pools take proper precautions to keep unaccompanied children out and, in case a child does enter a pool unaccompanied, to prevent injury by the suction of pool pumps and filters. 

To this end, the state of California has long set very clear requirements for pool safety, embodied in the Swimming Pool Safety Act, California Health and Safety Code (CHSC) Sections 115921 through 115829. As of January 1, 2018, the state legislature has updated these requirements in the hopes of further reducing home pool drownings. This column will spell out the differences in the updated law so that residential pool owners have the latest and most complete safety information available.

As a preliminary matter, the Swimming Pool Safety Act applies only to in-ground and aboveground structures over 18 inches deep intended for swimming or recreational bathing situated on the property of a single family home. CHSC Section 115921 provides a non-exhaustive list of regulated structures, including swimming pools, portable and non-portable hot tubs and spas, and non-portable wading pools; for the purposes of this column, I will refer to all such structures as “pools.” 

One significant impact of the new amendments to the Swimming Pool Safety Act is that it extends state pool safety requirements to single family homes in all municipalities, eliminating previous exclusions for homes within municipalities that issued their own, potentially conflicting, local swimming pool ordinances. Since the state now mandates all municipalities to participate, the amendments provide for state reimbursement of any resulting added costs incurred by local governments. It is important to note that this law still does not apply to public pools, pools at multifamily residences, or hot tubs equipped with compliant locking safety covers.

The main effect of the new amendments, however, is to double the required drowning prevention safety features needed to secure a permit to build or remodel a pool at a single family home. Since 1997, permits issued for pool construction have required residential pools to be equipped with at least one of seven drowning prevention safety features; on implementation of the new amendments, each pool construction must now include two of these enumerated safety mechanisms for extra protection in case one fails. As before, drowning prevention safety features must be inspected by a local building code official pursuant to final approval of the permitted pool construction, as well as building inspection reports conducted for real estate transfers. CHSC Section 115924 requires every pool construction contractor to inform consumers of the Act’s requirements.

CHSC Section 115922 provides an updated list of eligible drowning prevention safety features:

  1. a total pool enclosure isolating of the pool from the home;
  2. removable mesh fencing in conjunction with a self-closing, self-latching gate capable of being locked with a key;
  3. a manually or power-operated safety pool cover compliant with American Society for Testing and Materials (ASTM) Standard F1346-91;
  4. a continuous audible exit alarm on any door providing direct access to the pool;
  5. a self-closing, self-latching function with raised release mechanism on any door providing direct access to the pool;
  6. an alarm meeting ASTM Standard F2208 placed in the pool to sound upon accidental or unauthorized entrance into the water; or
  7. other protection independently verified to provide at least the same degree of protection. 

Specifications for approved fencing and gates can still be found in Section 115923; critically, enclosures must be a minimum height of 60 inches, with no more than two inches between the bottom of the enclosure and the ground, no gaps that would permit passage of a sphere of four inches, and no outside surface with features that could serve as handholds or footholds for a child of 5 years old or less to climb over. Also preserved from previous iterations of the Swimming Pool Safety Act, Section 115928 continues to require every new or remodeled pool to have at least two hydraulically balanced suction outlets per recirculation pump secured with anti-entrapment grates and separated by at least three feet that prevent a child being sucked into a vacuum that would be caused by a single drain.

Following California’s comprehensive pool safety regulations is a vital step toward preventing hundreds of unnecessary deaths and disabilities caused by accidental drowning. Here’s to a safe and happy swimming season!

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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.

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Why Can’t I Sue for School Bullying?

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. 

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