San Diego, California Business & Commercial Law Blog

The family of an elderly man has filed a wrongful death suit after they say he became ill and died of food poisoning from tainted food served on his flight.

In their suit against American Airlines and Sky Chefs, the airline's caterer, the family alleges that the 73-year-old man ingested a contaminated chicken meal while flying from Barcelona, Spain to New York City in May of last year. The man complained of stomach pains when he boarded his connecting flight to Miami. After takeoff, the man suffered a cardiac arrest forcing the plane to make an emergency landing. He was declared dead shortly after landing.

Companies involved with hazardous waste are required to make sure that the waste is disposed of properly. They must also act to minimize spills and prevent pollutants from potentially causing health concerns for area residents. If these businesses or corporations fail to meet these obligations, they, may be responsible for penalties under the federal law known as CERCLA. This year marks the 22nd anniversary of CERCLA's enactment.

What is CERCLA?

In December 1980, Congress enacted the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCA.

Food-borne illnesses have generated a number of headlines this year. Organic eggs sold to restaurants, grocery stores, and food service companies in the upper Midwest were recently recalled due to a salmonella outbreak traced to a Minnesota farm. Approximately 36 million pounds of ground turkey were recalled due to a salmonella outbreak at an Arkansas processing plant. And, recent Listeria outbreak from contaminated cantaloupes has lead to 116 cases in 25 states.

Unfortunately, consumers are not the only ones who face potential illness from food-borne illnesses-restaurant workers who come in active contact with the product are also at risk of picking up a dangerous virus.

On the evening of September 9, 2010, a fatal fireball erupted in the quiet streets of San Bruno, California. As a result of the gas pipeline explosion, 38 homes were incinerated, nearly 100 people were injured and at least eight people were killed. Now, an entire year has passed. Several empty spaces sit in blocks that were once lined with houses. Nearly 100 families were affected by the catastrophe and most have not been able to move on.

Soon after the September 2010 explosion, the Governor's lieutenant, Abel Maldonado, called for a State of Emergency for the Crestmoor community. An investigation of the Pacific Gas and Electric Company (PG&E) gas pipeline followed. The National Transportation Safety Board (NTSB) directed an independent panel to investigate the fatal explosion and the California Public Utilities Commission initiated its own probes.

"Dram shop" laws are statutes that impose liability on bars and other retail establishments for damages that occur as a result of serving alcohol to someone who is visibly intoxicated. A dram is a British term for a small quantity of liquor, similar to a shot.

Most states have a dram shop law of one type or another. The purpose of these laws is to shift the burden of paying for damages to the parties that profit from the sale of alcohol, as well as to provide an incentive for alcohol retailers to refuse to serve intoxicated patrons.

Compared to similar laws in other states, California's dram shop law is relatively limited in its application to restaurant and bar owners.

The Harmon Tower is an empty building that's full of controversy. The problems surrounding the building - owned by MGM Resorts International and Dubai World - began back in 2008 when construction was abruptly stopped after flaws in construction were allegedly unearthed. According to the building's owners, the Harmon's steel reinforcing bar was not properly installed, which made the building structurally unsound and beyond repair.

Nothing is more discouraging to a new homeowner or business in California than to find evidence of a mold outbreak on the premises.

Many different types of molds can take up residence in a dwelling, over 100,000 to be exact. Mold usually pops up in conditions of high moisture and poor ventilation and sometimes as the result of construction defects.

In residential houses, mold often appears in basements with heavy moisture. For commercial and institutional buildings, mold can appear everywhere due to its circulation through heating and cooling ducts.

Mold is dangerous because it wreaks havoc on both an individual's heath and wallet.

The southwest corner of Broadway and Fourth Avenue in San Diego, California, will soon have a different look. The redevelopment project of the Westfield Horton Plaza-an outdoor shopping mall known for bright, architectural elements-is underway. Recently, a design team publically revealed three potential design concepts for the project.

Since the proposal to redevelop the plaza came to light, real estate developers sought input from the community on just how to develop the plaza block that encompasses the areas north and south from Broadway and E Street and east and west from Third and Fourth avenues. A public forum was held this past April and over 100 people attended. Several ideas were proposed. Displaying interactive public art, interactive fountains and even movie screens were among some of the recommendations.