News reports indicate that the manufacturer of Skoal and Copenhagen chewing tobacco has agreed to pay $5 million to the family of a man who died of cancer from chewing tobacco. This is thought to be the first wrongful deathsettlement in a chewing tobacco case.
Wrongful death actions can occur out of any personal injury matter as the result of the careless, negligent or intentional acts of another person or corporation. When a “wrongful death” occurs, the family and children of the victim may be able to recover compensation for their loss, including medical costs and future earnings.
Here, the family filed suit under a product liability theory, claiming that the company manufactured and sold a dangerous and defective product knowing that it causes addiction, disease and death in consumers who use it as intended.
If your family has suffered the loss of a loved one as the result of the careless or reckless actions of another, you may be entitled to compensation. For more information,contact The Law Office of Frederick J. Sette, dedicated to helping the injured for more than 15 years.
news reports that a retired CHP officer was killed in a motorcycle accident after he ran his motorcycle into a car.
The accident occurred after the officer failed to stop at a stop sign and crashed into a car. Although he was wearing a helmet, he suffered severe injuries and died as a result. The driver of the car suffered minor injuries.
This motorcycle accident is a tragic reminder that accidents can happen to anyone. The El Centro police noted, “There’s no way to guarantee that unfortunate event are not going to happen to you. The best thing we can do is pay strict attention to what’s going on, minimizing our risks and accepting the fact that we need to slow down, look, and occasionally become somewhat burdened by the fact that we have to wait.”
As a California personal injury attorney, I agree. Drivers of all types of motor vehicles need to slow down and pay attention to the conditions around them to reduce California car accidents, motorcycle accidents, and truck accidents.
For more information, or if you have been injured as the result of any roadway accident, contact The Law Office of Frederick J. Sette, dedicated to helping the injured for more than 15 years.
A recent Department of Labor report found workplace safety enforcement in California in need of serious change. According the Los Angles Times, an investigation into the California Division of Occupational Safety and Health revealed poor training of safety inspectors along with significant delays in responding to complaints. The investigation also revealed “relatively serious” problems, especially with the appeals board which “repeatedly reduced or dismissed penalties, even in situations where workers died or were seriously injured.”
Where workers are injured at work, they are eligible for Worker’s Compensation from their employer, regardless of fault. Additionally, injured workers may be able to bring third-party lawsuits in instances such as where a manufacturer provides a tool or equipment that causes injury, or another contractor creates an unreasonably dangerous workplace. Workers may be able to recover medical expenses, pain and suffering, and economic damages.
Where safety violations occur, Cal/OSHA is supposed to conduct an investigation, with the end result mandating work sites correct safety violations and pay fines. However, here the report highlighted several significant workplace accidents where Cal/OSHA failed to adequately investigate the safety violations and subsequently enforce penalties. For example, at Bimbo Bakeries, USA, nine employees lost parts of fingers or limbs as the result of baking machines lacking proper guards. Despite the safety violations, penalties were dismissed and the company not required to immediately remedy the problem.
In another case, a worker on the Golden Gate Bridge fell to his death because no scaffolds were in place. Cal/OSHA fined the contractor only $26,000, but when the administrative law judge noticed a small error in the name (the citations were issued to Shimmick Obayashi rather than Shimmick Construction Co. Inc/Obayashi Corp.) the case was dismissed.
Experienced workplace accident attorneys can help injured workers recover the compensation they are entitled to. Cal/OSHA must do a better job in enforcing penalties against companies to ensure the same accidents don’t happen again.
For more information, or if you have been injured in a work related accident, contact Frederick J. Sette,dedicated to helping those injured in California accidents obtain the compensation they deserve.
According to the Visalia Times-Delta, a Visalia big rig driver was seriously injured when he rear-ended a pick-up truck near Terra Bella. Both cars overturned.
Fortunately the pick-up truck driver sustained only minor injuries.
Truck accidents often result in serious, even deadly injuries. Because of the sheer force behind a truck, minor shifts in direction or speed may result in a loss of control of an 18-wheeler. It is often difficult for a big rig to maneuver in response to other drivers’ abrupt changes in direction or unexpected conditions on the road.
In Tuesday’s accident, the driver of the pick-up truck had slowed to make a left-hand turn when the big rig ran into her.
In order to keep our roads safe, a few tips for truckers/car drivers include:
• Maintain safe driving distances between cars and trucks
• Pass trucks with car. Remember that trucks have large blind spots so make sure you can see the truck in your rear view mirror before pulling back into the lane.
• Do not text and drive. Too often distracted driving is the cause of California car accidents.
For more information, or if you or a loved one has been injured in a trucking accident, please contact the Law Office of Frederick J. Sette, a California personal injury concerned about highway safety and accident prevention.
According to the Los Angeles Times, the doctors who examined each of the eight infants who died from whooping cough failed to make swift and accurate diagnoses. As stated by an immunization official with the California Department of Public Health, “[B]y the time the infants developed severe respiratory distress, it was usually too late for any intervention to prevent their tragic deaths.” A UCLA pediatrics professor added, “All of those should’ve been diagnosed earlier. And a couple of them, even after they were diagnosed, the [healthcare providers] didn’t take it serious enough, quick enough.”
Coincidentally, an article posted in Tuesday’s New York Times quotes a professor of medicine from the University of California, San Francisco as identifying diagnostic errors as “an important but neglected issue.”
When the failure to diagnose an illness leads to the wrongful death of a loved one, the surviving members may have a claim for medical malpractice. Whether a proper and timely diagnosis could have saved these infants lives will undoubtedly be evaluated by those involved.
In order to prevent more whooping cough deaths, more must be done to raise awareness of the symptoms, and those who’ve been exposed must receive immediate and proper treatment. Counties such as Santa Clara and San Mateo are sending out information packets to students and hosting free vaccination clinics. Click here for more information on whooping cough.
As a California personal injury attorney I am hopeful with greater public awareness and better-informed health care professionals, the incidence of whooping cough will rapidly diminish. If you or you believe a delayed diagnosis contributed to the wrongful death or serious injury of a loved one, please contact the Law Office of Frederick J. Sette, dedicated to helping the injured.
The National Transportation Safety Board (NTSB) is pushing for greater awareness regarding motorcycle safety as well as advocating mandatory helmet laws. According to a USA Today article, more than 12 motorcyclist die each day in the United States from motorcycle accidents, with head injuriesas the leading cause of death.
California is one of 20 states in the country that require all riders to wear helmets. 27 other states only require helmets for those under 18, while three states – Illinois, Iowa and New Hampshire – have no helmet laws whatsoever. Over the last several years motorcycle deaths have continued to increase with the exception of last year, which several experts attribute to the economy.
A recent article in the Press-Democrat further notes that in California, motorcycle deaths have double since 2000, from 276 to 560 in 2008.
Setting aside statistics for a moment, for your own personal safety wearing a motorcycle helmet is critical. If you are in a crash, nothing protects your head from serious impact and trauma if you fail to wear a helmet.
As a California motorcycle accident attorney, I have seen far too many life-threatening injuries result from motorcycle crashes. Even if traveling in a state that doesn’t require you to wear a helmet, please consider wearing one.
For more information, or if you or a loved one has been injured in a California motorcycle accident, contact The Law Office of Frederick J. Sette, dedicated to helping the injured for more than 15 years.
According to ABC News – Stockton, CHP officers are out in force this Thanksgiving weekend in order to reduce car and truck accidents. As part of their plan to improve safety, officers are writing speeding tickets, clearing accidents quickly when they do occur, and helping out stranded drivers.
The increased patrol started on Wednesday and will continue through Sunday night. At least one Stockton car accident has occurred this holiday weekend.
If you are in a car accident this holiday weekend, or at anytime, a few simple tips can help ease the stress of the situation and get you back on track to your destination.
First – assess the situation – if you or anyone involved is injured, seek medical attention immediately. Some injuries – such as traumatic brain injuries – may not show up for a few days or weeks so its crucial to contact a physician if you suspect you’ve been hurt.
Next – exchange information. Try to gather as much information as possible concerning the other driver such as their name, telephone number and driver’s license number. Also, make notes about the circumstances surrounding the accident, including weather conditions, time of day, and any other factors that may have been a factor in the accident. Remember though, don’t provide any details that could impact your chances of recovery such as “It was my fault” or “I wasn’t paying attention.”
Finally, it is a good idea to contact a California auto accident attorney. If anyone is injured or if there’s damage to your car or property, it’s best to have the help of an experienced car accident attorney guide you through the insurance process or help you file a legal claim. For more information,contact the Law Office of Frederick J. Sette, dedicated to helping those injured for more than 15 years.
The mother of a boy who died at Disney’s Fort Wilderness Lodge in Florida has filed a wrongful death lawsuit against Walt Disney Parks and Resorts. A Disney bus passed and struck a 9-year-old boy, who was then pulled under the rear wheels.
Several issues are raised by this case that are relevant to accidents that occur in California. First, can an employer be held liable for the actions of its employees? In many situations, the answer is yes. However, it depends on the circumstances of each case.
Additionally, can the boy’s family still recover if he is found partly to blame? Here the Florida Highway Patrol states that the boy’s flat tire is to blame for the accident. California is a comparative negligence state. Thus, if the boy’s flat tire played a role in the accident, it may reduce the amount of recovery, but recovery will still be allowed if Disney, or the bus driver, is still found at fault.
Finally, the conditions of the road have been questioned. The lawsuit contends that pedestrians and bicyclists were often forced onto the roadway and unpaved wetlands to avoid others. Because of steep gullies and railing, people were unable to move to the interior. As a result, the party responsible for maintaining the road and sidewalk may also be at fault.
Tragic accidents often have many complicating factors that determine who is at fault and how much a family can recover. As a result, it crucial to contact a knowledgeable attorney who can thoroughly investigate the circumstances surrounding an event and help victims and their families obtain the compensation they deserve.
For more information, or if you have lost a loved one due to the recklessness or carelessness of another, contact the Law Office of Frederick J. Sette, helping the injured throughout California for more than 15 years.
All too often, we feel our eyes becoming heavy and we lose focus on the road for just a moment. In that split second of time, a tragic accident causing life altering injuries can occur.
As stated in a recent Washington Post article, “Fatigue cannot be measured likely the level of alcohol in a person’s system, but it is frequently cited by investigators as a factor in accidents in the air, on the water and on railways and highways.”
In fact, 320 fatigue-related incidents have taken nearly 750 lives in airplane accidents over the last several years. Countless more lives have been lost in car, trucking, boatingand other types of transportation accidents. In fact, in trucking accidents, fatigue is a bigger contributor to accidents than drug and alcohol use. Similarly boating, rail and car accidents have all been linked to exhaustion
When people are tired, they react more slowly, struggle with attention lapses and take more unnecessary risks. Despite the universal recognition that fatigue and transportation is an issue that needs to be addressed, few National Transportation Safety Board (NTSB) recommendations and proposals have been adopted.
As NTSB regulators explain, “The problem is compounded by a culture ‘that places a lot of value on burning the midnight oil.”
Safety advocates hope that in the near future, operating under the influence of fatigue will become just as unacceptable as operating under the influence of drugs or alcohol is now.
For more information, or if you have been in any type of transportation accident, contact The Law Office of Frederick J. Sette, dedicated to helping the injured in California for more than 15 years.
The Merced Sun-Star reports that two separate car accidents have resulted in the deaths of three people over the last few days.
In one automobile accident, two 19-year-old women were killed after their car struck a power pole on Lake Road. The car had drifted onto the shoulder, and after the driver corrected, she lost control and the car began to spin clockwise. Two other passengers in the car suffered minor injuries.
In a second car accident, a 57-year-old man was killed after being injured in a truck accident.
If you have been injured in a car accident and suffered serious injuries or if a loved one has died in a car crash, it is important to contact an experienced California personal injury lawyer to protect your rights and explore options for compensation. In many situations, the extent of your coverage will be determined based on the insurance contract you have. If you are the party being charged with negligence, your insurance company is required to defend claims made against your policy. If you are the one injured or wronged, your insurance company should cover your claims and then may bring a “subrogation claim” against the responsible party.
However, several different factors impact the scenario such as whether the parties have insurance at-all, if you have an uninsured motorist policy, and the determination of fault.
If you’ve been in an accident, it’s important to hire a lawyer familiar with insurance laws to help you proceed with your claim. For more information, please contact the experiencedCalifornia accident attorneys at The Law Office of Frederick J. Sette.