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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.

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.

Victims Of Concow Car Accident Delay Calling 9-1-1

Four people injured received treatment for injuries ranging from major to minor after being injured in a car accident in Concow, some 80 miles north of Sacramento. However, the road to obtaining medical attention involved a circuitous sequence of events.

After a single car accident occurred in Concow – including one person being thrown from the car – the four accident victims decided to find their own transportation to the hospital.

A passerby stopped to help, but got a flat tire on the way to the hospital. Cal-Fire and Paramedics were then sent out to bring the four individuals to the hospital, but the California Highway Patrol was not there. After much confusion and delay, the car accident victims were then sent to two different hospitals and were treated.

As stated by a Butte County spokesperson, the message here is “Please call 9-1-1.”

Familiarizing yourself regarding what to do after a car accident is crucial. First, ensure you are all right and anyone who needs medical assistance receives it at once. This means calling 9-1-1 and seeking medical attention immediately.

Accident victims have the best chance for a good outcome if they are treated within an hour. People in accidents in remote areas can often receive medical aid fastest from paramedics and airflight teams.
After securing any necessary medical attention, you can then turn to information gathering about the conditions surrounding the accident.

For more information, or if you or a loved one has been injured in a car accident, call the Law Office of Frederick J. Sette, dedicated to helping the injured for more than 15 years.

Elderly Woman Killed In San Jose Pedestrian Accident

Bay Area news reports that an elderly woman was struck and killed in San Jose late Tuesday night while she was walking in the street. The woman was 75-years-old and was struck by a 19-year-old woman driving a Toyota Camry. The pedestrian accident is still under investigation.

If you or a loved one has suffered injuries as the result of any type of personal injury accident it is critical to contact an experienced Stockton accident lawyer promptly to preserve your rights and determine your next steps. Even though a lawsuit may be the furthest thing from your mind, it is important to discuss your options with a dedicated personal injury attorney in order to protect your future.

Reports indicate that the cause of the accident wasn’t “immediately clear.” Here, as in any accident it is important to investigate all potential factors in order to determine exactly what happened. Many times, the real cause of serious injuries and wrongful death isn’t readily apparent. For example, an accident may be the result of driver error – including recklessness or careless such as driving too fast for the conditions, distracted driving or drunk driving. Other times, a defective auto part – such as tires, brakes or lighting – leads to an accident. In these situations a knowledgeable Stockton product liability lawyer can advise you of your rights. In some cases, negligent roadway design – such as improper lighting, inadequate signage or poor maintenance is the real cause of an accident.

Determining the causes of an accident is the first step to recovering appropriate compensation for you.

For more information, or if you or a loved one has been injured in a car or pedestrian accident, contact the dedicated Stockton personal injury lawyers at the Law Office of Frederick J. Sette for immediate attention.

High Number Of Fatal Car Accidents On Popular California Highway Raises Safety Concerns

According to Los Angeles News, two fatal car accidentsoccurred this past weekend on the dangerous Angeles Crest Highway. As of today’s date, there have been 5 total fatalities on this road since it was recently reopened. If you have been injured or lost a loved one in a California car collision, contact an experienced Stockton personal injury lawyer immediately to discuss your options and protect your future.

In one instance, a woman driving a blue Honda left the road near the Coldwater Campground. It is unknown whether there were any other occupants in the vehicle. She died as the result of personal injuries sustained in the accident.

This latest fatality raises questions of safety and roadway design. The stretch of road in question – a steep winding route through the San Gabriel Mountains – has just been reopened. The road was closed for repair from January 2010 to June as the result of damage caused by heavy rain that washed debris from the surrounding hillsides. In addition to these recent incidences, three other fatal accidents have occurred on this stretch of roadway.

Often – many factors contribute to car accidents and serious injuries. Driver error, including reckless or careless conduct, including drunk or distracted driving, are often contributing factors to car accidents. However, in some cases it is the design of a roadway itself that is the cause of an accident. A roadway may be considered negligently constructed where its design fails to provide motorists enough time to react or it is unreasonably dangerous. Examples of negligent design include:

• Lack of or improper notice of changing traffic patterns

• Insufficient signage or notice of road conditions – such as dangerous turns or construction zones

• Defective barriers

• Inadequate maintenance

Where accidents occur as the result of defective roadway design, governmental entities may be found responsible for injuries that occur. Here, due to the high number of accidents on the same stretch of road, whether negligent roadway design played a role in any of the accidents is called into question.

Other dangerous California roadways include:

• Interstate-15, running from San Diego to San Bernardino

• State Route 17 from Santa Cruz to San Jose

• Interstate -10 crossing from Santa Monica to San Bernardino to the Arizona border.

For more information or if you have been injured in a car accident that may be the result of negligent roadway design, contact the experienced Stockton personal injury lawyers at the Law Offices of Frederick J. Sette for immediate attention.