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Prevent Serious California Boating Accidents By Wearing Life Jackets

Memorial Day weekend marks the traditional start of summer, and the Modesto Bee reports that local officials are speaking out against the dangers of boating on the Central Valley’s waterways without a life jacket.

According to the National Safe Boating Council, 520 boating accidents were reported in California in 2008, along with 45 deaths.

California law requires anyone under the age of 13 to wear a life jacket while boating.

Other safety precautions include:

• Always ensure you are prepared. This means having the right safety equipment on board as well as basic first aid kits.

• Check the weather before you head out. Storms with thunder and lightening can crop up in an instant.

• Do not exceed your boat’s capacity in weight or horsepower.

• Passengers should remain seated.

For a complete list of boating safety tips, see the California Department of Boating and Waterways.

Unfortunately, boating accidents can and do occur. When an accident does occur, certain circumstances such as significant personal injury or boat damage require that you must file a report.

As a California boating enthusiast and personal injury attorney, I encourage you to follow some simple rules to ensure safety on California waterways. For more information, or if you have been injured in a boating accident, please contact the Law Office of Frederick J. Sette.

California Man Injured In Copper Canyon Boating Accident

According to the Today New’s Herald, a California man, Adnan Karaby, was injured after he fell off the bow of a pontoon boat and into the pathway of an oncoming motorboat. Karaby fell overboard after the pontoon boat encountered several waves. Fortunately, he wasn’t seriously injured, although he sustained multiple lacerations to his leg and dislocated his finger.

In the Stockton area and throughout California, April 1 marks the official beginning of boating season. Following a few safety tips can help prevent boating accidents such as Mr. Karaby’s, and help ensure the safety of California’s waterways.

Some guidelines covering California state park waterways in the Stockton area include:

• Don’t ride on the bow of any vessel.

• Have a personal flotation device for everyone on board the boat. Children under 12 must wear their life jackets.

• Obey speed limits – typically 35 mph in open areas and 5 mph in restricted areas.

• You must be 16 years old to drive a boat. Minors 12-15 can drive a boat if accompanied by an adult.

Boating can provide hours of enjoyment and entertainment. As a California boating accident attorney, I advise my clients to follow simple guidelines in order to ensure everyone on board has a fun, and safe, time on the water.

Two California Men Die In Scuba Diving Accident

According to the Modesto Bee, two men have died as the result of a scuba diving accident at a Tuolumne County mine. Four men were diving at the old Jamestown Mine when two of them disappeared under the water. Although they were able to bring one of them to the surface, he subsequently died as the result of his injuries. The body of the other man has not yet been recovered.

Whenever tragic accidents occur, several questions of fault are raised. It is important to speak to an experiencedCalifornia personal injury attorney to determine your next steps.

Here, it is unknown why the men were scuba diving at the mine. The circumstances surrounding that decision are important. Further, it is unknown whether appropriate restrictions and warnings were in place surrounding the gold mine and whether the county allowed an unreasonably dangerous condition to exist on its property. Answering these questions is crucial to maintaining a lawsuit.

When accidents happen, an experienced California personal injury lawyer understands the issues involved and will conduct a thorough investigation into all the factors at play and determine the best steps for obtaining compensation in your matter.

For more information, or if you or a loved one has been harmed in a California accident, please contact the Law Office of Frederick J. Sette, dedicated to helping those injured by the carelessness or recklessness of others.

California Ranks Third For Boating Deaths

With the Fourth of July weekend upon us, the U.S. Coast Guard is heightening its efforts to educate the public about wearing lifejackets while boating. In Lake County, California, the Coast Guard Auxiliary Flotilla 88 has been passing out free lifejackets to Lake County youth and providing boat safety classes at elementary schools.

Such measures are necessary. According to the National Safe Boating Council (NSBC), California has the third highest incidence of boating deaths in the country, and is second for reported accidents. In 2008, 45 deaths and 520 injuries were reported.

California law requires children under the age 13 to wear a life jacket, and a jacket must be on board for each passenger.

The Lake County Bee reports the most common reasons for accidents include:

• Careless/reckless operation

• Operator inattention

• Operator inexperience

• Passenger/skier behavior

In fatal accidents, alcohol use is common.

Spending a day boating can bring hours of fun and entertainment. However, as a California personal injury attorney, I’ve seen too many accidents as the result of boaters losing sight of basic safety precautions. For this Fourth of July, remember to bring a life jacket and use care while driving your boat.

For more information on boating safety, or if you or a loved one is injured in a boating accident, contact the Law Office of Frederick J. Sette, a California attorney dedicated to helping the injured.

Ninth Circuit Reviews Failure To Warn In Samuels v. Holland

A recent case out of the Ninth Circuit, which includes California, examined the duty of a cruise ship to warn passengers of dangerous conditions. In Samuels v. Holland American Line – USA Inc, et al. an injured passenger sued the cruise ship line Holland American. The passenger asserted that the cruise line had a duty to warn him of the dangers conditions that he might encounter swimming on the Pacific Ocean side of Lover’s Beach located in Mexico’s Baja peninsula.

In many situations, if you suffer injuries as the result of the carelessness or recklessness or others, you may be able to recover compensation such as medical expenses, lost wages, pain and suffering and in some cases punitive damages. If you have suffered any personal injury it is important to speak to a Stockton personal injury attorneyimmediately to discuss your options and determine your next steps.

Here a passenger of Holland American Line, Gerald E. Samuels, was seriously injured while on a seven-day cruise. While the cruise ship was anchored in Cabo San Lucas, Samuels and his family visited nearby Lover’s Beach and began to play in the waves. Samuels had asked several Holland staff members regarding the safety of swimming at Lover’s Beach and had been assured that it was safe to visit.

After initially swimming in the Sea of Cortez, Samuels then proceeded to swim on the Pacific Ocean side of the beach. According to his observations, the waves weren’t particularly rough. However, as soon as Samuels entered the ocean he remembered feeling a “tremendous pull up and back and then being upside down.” Samuels struck his head on the ocean floor and sustained severe neurological damage. He was carried ashore by bystanders and is now classified as a “high-functioning quadriplegic.”

Samuels subsequently sued the cruise line alleging a failure to warn of the dangerous conditions, specifically that the cruise ship’s staff should have warned him of the dangers of swimming on the Pacific Ocean side of the back and that had he been warned he would not have entered the ocean.

Here, the court determined that the cruise ship did not owe a duty to warn Samuels of the dangers of the Pacific Ocean, stating that “the degree of care considered reasonable in a particular circumstance depends upon the ‘extent to which the circumstances surrounding maritime travel are different from those encountered in daily life and involve more danger to the passenger.’” Here, the court determined the cruise line did not have specific knowledge of the risk creating condition and as a result could not be help responsible for Samuels’ injuries.

Many times the failure to warn – especially where a dangerous condition exists – will lead to a negligence orpremises liability lawsuit. Often times passengers or vacationers unwittingly travel to unsafe locales filled with unforeseen risks. When an owner or operator of this land is aware of the danger and fails to provide sufficient warning of the danger – or act to make a condition reasonably safe – they may be found negligent. In these situations, you may be able to recover damages for medical costs, rehabilitation costs, lost wages, and pain and suffering.

For more information, or if you have been harmed as the result of a dangerous condition, contact the dedicated Stockton personal injury lawyers at the Law Offices of Frederick J. Sette for an immediate consultation.

Investigation Continues Into Costa Concordia Cruise Ship Disaster

As more bodies are pulled from the wreckage, the investigation into the Costa Concordia cruise ship accident continues with more company executives coming under investigation for possible negligent conduct. News reports that just last week an additional 8 more bodies were found and 7 remain unaccounted for.

The cruise ship accident occurred off the Italian Coast a little over a month ago. More that 4200 passengers had to be evacuated after a rock tore a hole in the shop and capsized the boat. At least 25 people have died. As the result of the accident, several civil negligence lawsuits have been filed including a Florida class action lawsuit alleging fraud and gross negligence.

Accidents happen when you least expect them. When accidents happen while on vacation or in a foreign country, those harmed are often confused about where to turn, what help exists and question their legal rights. Consulting with a knowledgeable Stockton personal injury lawyer is an important first step to provide personal injury answers and resources.

Several important issues are raised when boating accidents and cruise ship accident occur, including: Where can I file a boat accident lawsuit? What laws govern my cruise ship claim? Who is responsible for my cruise ship injuries? These are complex questions and require the assistance of a top boating injury attorney. The good news is that in many situations, those injured may be able to recover compensation for the harmed caused.

In the months to come, families and passengers will continue to seek information about just what happened on the Costa Concordia.

For more information about cruise ship accident or boating injuries, contact the knowledgeable Stockton accident lawyers at the Law Office of Frederick J. Sette for a free, immediate consultation.

California Boating Accident Leads To Safety Investigation

After the sailing tragedy that claimed the lives of five people off the coast of San Francisco, the U.S. Coast Guard, U.S. Sailing, the survivor and many others are calling for the consideration of greater California boating safety measures. A series of powerful waves thrashed the vessel earlier this month as it rounded a rugged island chain during the Full Crew Farallones Race off San Francisco, sweeping crew members overboard into the frigid Pacific and tossing the boat onto a rocky shoal.

The U.S. Coast Guard has ordered yacht racers and other boaters to "stand down" as a result of this fatal accident, as well as a previous accident two weeks ago that resulted in significant personal injuries. The Coast Guard has stopped issuing permits for ocean racing pending results of the boat accident report, stating, "This temporary safety stand-down from offshore racing will allow the Coast Guard and the offshore racing community to further our common safety goals." "I don't think it's necessarily a bad think for everybody to take a breath and see what can be done. We want to be sure our races are as safe as possible."

One of the survivors, Bryon Chong of Tiburon, agrees, stating that the five crew mates who died might have been saved had they worn safety harnesses. In a letter posted to the website Sailing Anarchy, Chong writes that he and the seven other sailors aboard the 38-foot (11.6-meter) Low Speed Chase should have been tethered to the boat.

"Hopefully, this incident will spur a wider discussion on sailboat safety," Chong concludes.

Boat accidents can arise in a variety of manners - from recreational boating, to slips and falls on cruise ships, to serious accidents involving boat races. Different boating laws and safety measure apply to each type of circumstance. It's important to consult with an experienced California boating lawyer who has in-depth knowledge of the particular involved in your circumstance.

For more information about boating safety or if you or a loved one has been injured in a boating accident, contact the Sacramento boating lawyers at the Law Office of Frederick J. Sette for an immediate consultation.

Sacramento Boating Under The Influence Campaign Underway To Prevent Boating Accidents

News reports that Operation Dry Water kicks off this weekend in an effort to prevent boating accidents caused by boating under the influence (BUI). From June 24 to June 26th, marine law enforcement will be out in force patrolling Sacramento and California lakes and rivers, searching for those BUI.

The show of force is part of an annual campaign focused on reducing the incidence of boating accidents. If you have been injured in a boating accident, it is critical to contact a dedicated Sacramento boat accident lawyer to discuss your rights and explore your next steps.

Statistics reveal that more than 17 percent of boating fatalities are relating to alcohol use. California law prohibits operating a boat with a blood alcohol level of .08 percent or higher. Despite laws restricting operating a boat wile drinking, California does not have an open container law prohibiting alcohol on board. As the result, often boating creates a "party atmosphere" leading to reckless and negligent behavior. Whether you are a driver or passenger, it's a good idea to remain sober while on board.

If you plan to go boating this summer - play it safe. Wear a life jacket and avoid alcohol while out on the water.

For more information, or if you have been in California boat accident, contact the Sacramento personal injury lawyers at The Law Office and Frederick J. Sette for a free consultation.

Safety Precautions Necessary To Avoid Sacramento Boat Accidents

With Memorial Day marking the unofficial kickoff of summer, it is important to remember a few boating tips and to be aware of potentially new risks and hazards in the Sacramento area waterways. In fact, as stated by Sacramento County Parks Director Janet Baker, Sacramento's American River is a "different river" this year - with colder water and swifter currents than in previous years. As a result, officials are warning boaters to be wary of faster conditions in order to avoid being injured in a boating accident.

If you or a loved one is injured in a boating accident, it is important to contact an experienced Sacramento boat accident attorney to investigate the circumstances surrounding the incident and help you obtain the compensation you deserve.

When people plan to spend the day boating, an accident may be the furthest thing from their mind. However, boating accidents can result in serious injuries or deaths so proper planning is critical. In fact last year alone, 570 boating accidents occurred in California, resulting in 236 injuries and 49 deaths.

Of those killed, the majority were not wearing flotation devices. Under California law, boat operators /owners are responsible for ensuring each passenger has a life jacket. The failure to have appropriate safety equipment may lead to a claim of negligence.

For more information, or if you or a loved one has been injured in a boating accident, contact the dedicated Sacramento personal injury lawyers at the Law Office of Frederick J. Sette.

Boat Accident Leads To $2.998 Million Judgment

A woman injured in a slip and fall accident while on a Carnival Cruise was awarded $2.998 million. A federal judge determined the cruise line had known about several prior accidents on the resin surface it installed on its pool deck - both on this ship and on other ships. The surface was hard and slippery as ice, leading the woman to fall and suffer a fractured patella. As a result of the fall, she needed six surgeries and will require one to two total knee replacements.

When boat accidents occur - whether a privately owned boat or a commercially owned cruise ship - the laws governing your right to recover damages and the boat owner's responsibility for reporting and providing medical attention may be complex. An experienced boat accident litigation lawyer can provide needed answers and help you obtain the compensation you are entitled to.

Here after initial discovery the cruise line admitted liability, leaving only the question of damages for trial. However, often times boat owners or operators will deny any wrongdoing requiring a skilled boat accident lawyer to show that it was the owner or operator's failure to use reasonable care that caused the accident. This may be shown in the same manner as for any personal injury - i.e. was the boat owner or operator careless or reckless and did this carelessness or recklessness injure the passenger? Where the negligence of a boat owner or operator causes an injury, compensation may be recovered.

For more information, or if you have been harmed in a boat accident, please contact the experienced Sacramento personal injury lawyers at the Law Office of Frederick J. Sette, dedicated to helping those injured for more than 15 years.