Law Office of Frederick J. Sette
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Alert for Chevy Cruze Owners in Sacramento

Personal injury attorneys at Sette Law are keeping a close eye on the recent recall of Chevy Cruze vehicles with airbags made by Takata Corp., headquartered in Japan. To date, GM has recalled 33,000 Cruze vehicles made in 2013 – 2014.

The problem is not related to GM’s other massive recalls involving airbags, and our Sacramento injury lawyers point out the result of the defect is also different. According to a personal injury lawsuit filed on behalf of Brandi Owens, a car accident victim in Georgia, the Takata airbags can explode with excessive force causing grave injury to drivers or passengers. Our Sacramento car accident lawyers also point out the drivers-side airbags can “rupture” and expel metal fragments which prevent the bag from inflating. The Georgia woman lost her sight in one eye due to the defective airbag.

At Sette law, our Sacramento car accident lawyers monitor the work of the National Highway Traffic Safety Administration to stay current with the agency’s investigations and findings. In the Georgia case, the NHTSA probe made it clear this Takata defect is different from the massive airbag-related GM recall earlier this year that affected car owners in Sacramento.

Personal injury attorneys are challenged to follow recall actions that now involve numerous car makers from Asia and Europe to the streets of Sacramento. Personal injury attorneys observe that in June, Japanese firms such as Honda and others issued global recalls for nearly 3 million cars based on airbag problems. Our Sacramento car accident lawyers point out that, thus far, 10.5 million cars equipped with Takata airbags have been recalled worldwide. Less publicized is the precautionary recall of BMW 3 Series cars, also equipped with Takata Airbags, according to our Sacramento injury lawyers.

The circumstances of the Owens lawsuit are cause for concern for drivers in Sacramento. Car accident lawyers in our firm pay attention to vehicles with Takata airbags, regardless of the make of the car. According to police reports, Brandi Owens was at an intersection and traveling at a slow rate of speed that should not have triggered an airbag. But, the bag exploded and careened into the back seat of the Chevy Cruze.

At Sette Law, our Sacramento personal injury attorneys look beyond immediate events to the underlying causes and commonly shared circumstances of car accidents, particularly in cases such as the flurry of airbag defects that could harm drivers in Sacramento.  Car accident lawyers must not only be able to advocate for victims in court but also possess a breadth of knowledge about similar cases nationwide. Our Sacramento injury lawyers develop this broad expertise so that we can help car accident victims receive fair and just compensation for their injuries.


Amusement Park Accident Under Investigation

The Sacramento Bee reports that a crane collapsed at a small Sacramento area amusement park. Two workers were injured in the accident. Safety officials have been called to investigate the workplace accident.

If you have been injured in any type of accident – such as an amusement park accident or workplace accident – it is important to speak to a knowledgeable Stockton personal injury lawyer to discuss the incident and protect your right to obtain compensation.

Here, two workers were working on the towering Scandia Screamer ride when the crane they were on, as well as part of the ride, fell over. The accident left two park employees dangling by safety harnesses, badly injuring one. The crane operator – who was not a park employee – also suffered personal injuries.

Where workplace accidents occur, many issues of liability arise. In some instances, those injured may file worker’s compensation claims against their employer, regardless of fault. In these situations, workers are paid a percentage of their salary to cover disability payments. Employers are shielded from civil lawsuits, but the payments workers receive are often too low to fully cover medical bills and other expenses. In other situations, it may be possible to file a civil lawsuit against a third party – such as a contractor who was on the work site or a manufacturer of faulty equipment – in order to obtain adequate payment. In a third party lawsuit you may be able to recover pain and suffering, medical expenses, future damages and enjoyment of life.

An experienced Stockton work related accident lawyer can advise you regarding the type of action you may be able to file if you have been hurt at work. For more information, or if you have suffered any type of personal injury, contact the experienced Stockton personal injury attorneys at the Law Offices of Frederick J. Sette for a free consultation.

New Toyota And Chrysler Recalls Issued Due To Safety Concerns

This past week both Toyota Motor Corp. and the Chrysler Group announced significant vehicle recalls due to safety issues. Cars affected by the recall include Tacoma Trucks, Camry sedans and Venza vehicles. Problems include airbag defects that prevent the airbag form deploying in the event of an accident. Additionally, Chrysler is recalling over 200,000 Jeep Liberty sport utility vehicles due to problems with its rear lower arms that may cause drivers to lose control of the vehicle. The number of injuries caused by these defects is unclear.

If you have been injured in a car accident or other motor vehicle accident as the result of a defect, several different avenues of recovery exist. Filing a product liability lawsuit may be possible to recover compensation for your injuries. Consulting with an experienced Stockton product liability attorney is important to determine your rights.

Product liability lawsuits fall into three main categories.

• Design Defects – these occur when foreseeable risks of harm could have been reduced or eliminated by using another design, and failure to do so makes the product unsafe.

• Manufacturing Defects – these occur when the product is being made. Usually an. error in the manufacturing process causes just a few products out of all those of the same type to be defective. Products are designed to be used for certain purposes and if someone uses them for another purpose, there may be danger of harm. Therefore, the manufacturer has to include clear, visible and concise warnings describing the danger and failure to do that can cause the product to be considered defective.

• Marketing Defects — the distributor and seller of the product may also be liable in a strict liability case, if there is found to have been misleading marketing.

Although every case is different, injuries that occur from recalled products typically result from design or manufacturing defects and by filing a negligence lawsuit, an experienced Stockton personal injury lawyer may be able to obtain the money necessary to pay for your harm.

For more information or if you or a loved one has been injured as the result of a defective product, contact a top Stockton accident lawyer at the Law Office of Frederick J. Sette for an immediate, confidential consultation.

California Amusement Park Accidents Raise Concerns

A recent story run in the Orange County Register reported an alarming statistic – close to 300 amusement park accidents involving injuries occurred at amusement parks in the last 2 years. While some of the injuries were minor, many serious injuries occurred such as back injuries, head injuries and spinal cord injuries.

If you have been injured at a California amusement park, it is important to speak to a Stockton personal injury lawyer to determine your next steps.

Amusement park injuries – or any type of injury that occurs on the premises of another – generally fall into the category of “premises liability.” Premises liability refers to the concept that owners or operators have a duty to keep their premises in a reasonably safe condition and to provide warnings of dangerous conditions that the owner or operator knows about, or should have known about. Premises liability actions can arise in any situation where someone is harmed at the place of another, be it a home, shopping mall, sports arena or amusement park.

Where the owner or operator acts negligently or recklessly in maintaining their property in a reasonable manner, those injured may be able to recover medical costs, rehabilitation casts, pain and suffering, lost wages and lost earning capacity.

For more information, or if you believe you may have been harmed due to “premises liability,” please contact the dedicated Stockton personal injury lawyers at the Law Office of Frederick J. Sette.

Football Players Sue NFL For Head Injuries In Richards et al v. National Football League

A new lawsuit has been filed by 72 former football players against the National Football league alleging that the league was responsible for their injuries and damages – including brain injuries and head trauma. The lawsuit – Richards et al v. National Football League – claims that the league conspired “to prevent players from having accurate an correct scientific information about head traumas in the NFL in order to prevent knowledgeable and informed collective bargaining on behalf of the plaintiffs.

Traumatic brain injuries (TBIs) can arise from a variety of situations but generally occur as the result of a sudden blow to the head. Common situations that cause TBIs include car accidents, slips and falls and sports accidents. If you believe that you or a loved one has suffered a brain injury as the result of another person’s actions, it’s important to speak to an experienced Stockton brain injury lawyer. Where someone’s negligent or wrongful conduct causes a head injury – such as a TBI – it may be possible to recover compensation.

In the football players brain injury lawsuit, the players allege that the NFL was legally responsible for causing neurological problems and other harm as the result of playing football and that the complaint “arises from the pathological and debilitating effects of head injuries and concussions.” The players also assert that the NFL was aware of “the evidence and the risks associated with repetitive traumatic brain injuries and concussions for decades, but deliberately ignored and actively concealed the information.”

Additionally according to the lawsuit, rather than warning the players about the risk for permanent brain damage from returning to play to soon after receiving a concussion, the “NFL actively deceived players by misrepresenting to them that concussions did not present serious, life-altering risks.”

If you believe you have suffered a brain injury seek immediate medical attention. Even mild brain injuries if left untreated or undiagnosed can worsen over time.

Where you believe another person, company or governmental entity may be responsible for your injuries, you may be able to recover damages for physical and mental pain and suffering, medical bills and economic damages for time off from work or lost wages.

For more information about brain injuries, contact the topStockton brain and head injury lawyers at the Law Offices of Frederick J. Sette for an immediate consultation.

California Worker's Compensation - California Supreme Court Reviews Cost Of Living Adjustments In Christine Baker as Administrator v. Workers' Compensation Appeals Board and X.S.

Generally, if you've been hurt on the job California worker's compensation determines your right to recover. However, in some cases a tort remedy (i.e. filing a civil lawsuit) may be available. Other times, both types of claims may be filed. Consulting with a Sacramento worker's compensation lawyer is the best way to determine your next steps and your best options to obtain compensation when you've been injured.

On the job injuries include a variety of situations, from obvious injuries requiring medical care - such as head and brain injuries, back injuries and slips and falls - to diseases acquired from working around toxic substances such as asbestos and conditions that develop as the result of repeated strain or continuous trauma.

Where workers' compensation provides recovery to victims of work place accidents, you may be able to recover medical costs, lost income, expenses related to vocational training, permanent disability compensation and death benefits. A recent California worker's compensation case reviewed just how damages from work place injuries should be measured. Specifically, it evaluated how cost of living adjustments (COLAs) should be determined. This is a significant decision because it determines whether payments are measured prospectively from January 1st of the first year after a worker is injured or retroactively to January 1st after the year in which a worked is injured.

Here, a worker was injured in 2004 and asserted that his weekly payment should be adjusted based on his injury date. The appeals court agreed. However, the California Supreme Court overturned this decision. The Court reasoned that COLAs are intended to be "calculated and applied prospectively commencing from January 1st following the date on which the injured worker first becomes entitled to receive, and actually begins receiving such benefit payments."

Workers' compensation laws are complex and can be very confusing. An experienced Sacramento workplace accident lawyer can evaluate your circumstance and determine whether alternative avenues to compensation exist. Because recovery of damages may be limited in a worker's compensation case, filing a tort claim may provide an opportunity for greater recovery. 

Workplace accidents that may allow you to file a civil lawsuit include where a third party is somehow involved in causing the accident. This may be where a manufacturer provides malfunctioning equipment used at a work site and this equipment injures you, where you are exposed to toxic substance, if you are injured in a traffic accident caused by another driver or where a third party contractor creates a dangerous condition that leads to harm. In fact, many different types of negligence third party actions exist that may allow an individual harmed in a workplace accident to bring a civil lawsuit. Types of lawsuits available may include product liability or premises liability. If successful, you may be able to recover past and future medical costs, past and future lost wages, emotional distress and other damages, often substantially more than is available through California worker's compensation laws.

Because workplace accidents involve so many different factors and considerations, it is best to contact a Sacramento personal injury attorney to determine the best strategy for you to ensure you are compensated for your harm.

For more information, or to speak with a dedication Sacramento injury lawyer, contact the experienced Sacramento accident attorneys at the Law Offices of Frederick J. Sette for a confidential consultation.