Our Sacramento injury lawyers work on behalf of people who are harmed by using products that should have been perfectly safe. Although it seems only fair that consumers should be compensated for such injuries, our personal injury attorneys know that product liability is law is complicated. This blog, from Sacramento injury lawyers at Sette Law, will address some important considerations in product liability and related injury.

Attorneys first explain that product liability laws may vary from one state to another but at least four principles are common. Our Sacramento personal injury lawyers look at each item and provide basic detail:

1. First, a plaintiff must show his or her personal injury attorney that real harm was done and losses were suffered. Our Sacramento liability lawyers know of many instances in which a product failed and threatened someone’s safety, but didn’t cause an actual injury. Our attorneys say an event like this would not meet this first requirement. But a product failure such as a broken leg caused by a non-working brakes on a new 10-speed bike, would likely meet this criteria. Medical evidence and costs of care should suffice to show loss and injury that attorneys could prove in court.
2. Our Sacramento product liability lawyers will also have to show the court the product was defective as a second requirement for liability. Attorneys know this can be a demanding requirement. Even in light of a verifiable personal injury, lawyers must determine if a product was defectively manufactured, designed or marketed. Let’s look at each category more closely. Our Sacramento injury lawyers explain that, in the case of defectively manufactured products, an error was made at the factory or somewhere in the manufacturing chain before the product was purchased and subsequently caused the injury. Attorneys must clearly identify the point of error to satisfy this criteria and strengthen the case for liability and personal injury.
3. Lawyers can also consider whether or not a product presented sufficient instructions or warnings to protect consumers. Our Sacramento liability attorneys explain that this is also referred to as potential ‘defective marketing.’ If, for example, a weed killing spray might cause eye injury or blindness but that danger is not addressed, a personal injury lawyer will seek to show there was a failure to provide warning and that failure caused the plaintiff’s injury.
4. An attorney representing an injured client may also determine that a product was defective before the manufacturing process. This would constitute a Design Defect and, according to our Sacramento personal injury lawyers, is often more difficult to prove than the aforementioned cases. Interestingly, this arena may play a role in the recent Takata airbag recalls and actions related to deaths and injury. Our liability lawyers suspect plaintiff’s counsel may look to some design flaw (such as the chemicals used to inflate bags) as a potential source of the defect. Our Sacramento personal injury attorneys follow this national case closely for developments that may influence how we adjudicate future claims of product liability.

Lawyers, however, also have experience with product liability cases that will not pass the test of any of the above criteria. If an individual was using a product in a fashion for which it was not clearly intended and was injured, an attorney may struggle to prove any product defect caused the personal injury. A lawyer, for example, would be skeptical of burns received when a woman using a hair curling iron to curl paper ribbon was burned when the paper caught fire. Our product liability lawyer would immediately know that using a hair curling iron on paper was not an intended use of the manufacturer. Further, a mainstream consumer would not use a hair curling iron on volatile paper and the manufacturer was under no requirement to make the product safe for use on paper.

But, Sacramento personal injury attorneys explain that this concept is contingent upon the specific use of a manufacturer’s product. Clearly, the above use is totally unrelated to the intended use. However, according to our liability lawyers, not all cases are so clear. Say you used a butcher knife meant for meat to cut through a head of cabbage. The blade snaps off and severs a finger. Personal injury lawyers could see this as reasonable use of a sharp knife, even if it was meant for meat and not cabbage, and claim product liability.

Lawyers Give Courtroom Confidence to Injured Plaintiffs
Sacramento personal injury attorneys know that product liability can be complicated for consumers to understand. But in addition, the challenge of standing up to a large company in court is significant for most of our plaintiff’s claiming a product injury. Our lawyers, unlike the average person, have significant experience in the courtroom setting. We have faced many corporate attorneys defending a manufacturer’s liability for personal injury. Attorneys may feel at home in a courtroom while our plaintiffs will likely feel intimidated.

Our Sacramento personal injury lawyers recognize just how daunting the experience can be, no matter how strong our plaintiff’s case for product injury. Our attorneys believe that part of our job is to explain the process, dynamics and details of product liability actions to the people we represent, so that we don’t add emotional stress to their physical injury. Our Sacramento personal injury lawyers find this is particularly true when injured individuals file cases against corporate giants. Naturally, most products are manufactured by big companies and it takes a special determination to face off in court over a defective product injury.

But lawyers know that judicial history shows the power of the individual in a court of law. Sacramento personal injury attorneys are well acquainted with “David vs Goliath” cases in which people prevailed over corporate power. When it comes to defective products – and our injury lawyers again refer to the flood of car recalls over the past 18 month – individuals are protected against irresponsible manufacturing and marketing of products that cause injury. Sacramento attorneys track national legal developments to support local clients in their bid to receive just compensation for injuries suffered due to a defective product.

Personal injury due to manufacturer defect of products happens in the U.S. even though quality controls and rigorous manufacturing standards are governed by tough product laws. At Sette Law, our Sacramento personal injury attorneys know that product liability litigation requires keen understanding of complex laws governing product liability. In this blog we’ll cover a few of the major concepts involved in liability for products that cause personal injury.

Lawyers explain that any party in the manufacturing chain may be held liable for damages inflicted. Our Sacramento injury attorneys have identified product defects at key points such as manufacturing, assembly and at the point of sale. Interestingly, over the history of liability for products that cause personal injury, lawyers watched as law expanded to include non-tangible products like gas, real estate and written materials. Yet another interesting thing for consumers to know is that there is no federal law that governs products liability. Our Sacramento injury attorneys must refer to product liability statues enacted by individual states.  However, The U.S. Department of Commerce has developed the “Model Uniform Products Liability Act” that states can voluntarily use and that our Sacramento injury attorneys may reference in personal injury claims.

Lawyers explain that behind a complex of laws is a simple principle: A product manufacturer may be liable for a personal injury if a person was using the specific product as intended when the personal injury occurred. Attorneys add that the user also is required to read and be aware of all manufacturer warnings regarding the product. These are responsibilities of consumers, according to Sacramento injury attorneys.

Further, there are two kinds of product liability claims lawyers work with – one involves Strict Liability and the other is manufacturer Negligence.  In strict liability a personal injury lawyer will show that a product was defective and was present prior to the manufacturer offering the product on a marketplace or to a buyer in Sacramento. Product liability attorneys will also establish that the defect directly caused the injury.

Our attorneys can also look at other aspects to identify product defects that lead to personal injury. Sometimes a problem originates during the manufacture of products – in this case, according to Sacramento liability and injury attorneys – only a few products out of a batch may be defective and cause an injury. Lawyers say that when consumers use a given product for a purpose other than its intended purpose and an injury occurs, they will look first at the manufacturer’s instructions and warnings. If the description is not clear and concise, according to our Sacramento injury attorneys, the manufacturer could be held liable for the defective product injury.

Additionally, lawyers can look at Marketing Defects in a product liability claim. If marketing claims were untrue or misleading, this can be considered another source of a product defect in a personal injury case.

Our Sacramento liability attorneys may call on expert witnesses to support a personal injury client. Because the manufacturing process is often multi-faceted (including everything from engineering to production, design and distribution) expert witnesses can help support the personal injury claims of our Sacramento clients. Liability attorneys specialize while also having an understanding of the manufacturing chain and its many participants.

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.

Earlier this week, Toyota Motor Corporation and the survivors of the late CHP Officer Mark Saylor reach a confidential settlement in the California wrongful death lawsuit stemming from the tragic crash that claimed the life of Saylor, his wife, daughter and brother-in-law. The accident drew national attention to the issue of sudden acceleration and prompted Toyota to recall millions of vehicles due to defective parts.

Hundreds of lawsuits have been filed around the country as a result of the problems experienced with Toyota vehicles. In addition to personal injury and wrongful death claims, many lawsuits allege consumer issues based on the vehicles depreciated value.

In many cases involving car accidents that occur as the result of defective parts, more than one party may be at fault. In the accelerator defect cases, injured parties have asserted claims against both the manufacturer and various dealerships.

Although a settlement was reached with Toyota, the company has not publicly admitted fault. Further, the lawsuit will continue against Bob Baker Lexus, the dealership that installed an ill-fitting mat that may have contributed to the injury.

Despite the settlement of this case, thousands of lawsuits are pending in courthouses throughout the country. Further, questions still remain for Toyota such as when were they first aware of the potential for sudden acceleration and whether they acted quickly enough to warn of the unreasonably dangerous condition created by the defect.

As a California personal injury attorney concerned about safety, I believe that negligent car manufacturers and distributors must be held accountable for their actions in placing cars with dangerous and defective parts on California roadways. Hopefully, paying substantial verdicts and settlements will serve as a deterrent to future companies who place profits over safety.

For more information, or if you have been in an auto accident either as the result of a defective car part or otherwise, please contact the Law Office of Frederick J. Sette, dedicated to helping the injured throughout California.

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.

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.

Nestle has announced a Lean Cuisine spaghetti and meatball recall affecting more than 17,000 packages as the result of consumers finding pieces of red plastic in their food.

Nestle has suggested that the plastic came from a red emergency stop button, although the plant where the packages were produced reports no buttons were broken and the "emergency stop" buttons were not located near food transit locations.

If you believe you have purchased an affected product, you can contact the company directly through its website.

The recently enacted Food Safety Law aims at protecting consumer from harm as the result of contaminated food products and food borne illnesses both by lessening their frequency and imposing penalties. If you have become sick or suffered harm as the result of consuming or purchasing a contaminated product, contact an experienced California personal injury lawyer to begin investigating your case.

The new laws hope to make your food safer and include the following important provisions:

• Mandatory recalls - The FDA may now order a company to recall a product were a company fails to initiate one.

• Mandatory inspection - The Secretary of Health and Human Services is required to rank the food facilities with the highest risk for contamination and inspect the facilities at least once every three years.

• Greater access to food facilities records.

• More control over standards for imported food.

•Implementation of preventative measures, including the identification of critical points where food could become contaminated.

Significantly, the new law subjects companies that violate the act to fines as well as potential lawsuits and shields "whistle-blowers" from retaliation.

For more information about the Lean Cuisine recall, the Food Safety Act or if you have been harmed by a contaminated food product, please contact the experienced Sacramento personal injury attorneys at the Law Office of Frederick J. Sette, dedicated to protecting consumers rights for more than 15 years.