News reports that the family of a 16-year-old killed in Hawaii while riding a jet-ski has filed a negligence lawsuit against both the Australian tourist who ran into her and the Jet Ski Rental company, Aloha Jet Ski, for its role in contributing to her death.
Kristen Fonseca had rented a jet-ski in Hawaii from Aloha Jet and was touring Hawaii's Keehi Small Boat Harbor when she was hit by the Australian man from behind. Fonseca subsequently died from her injuries. The cause of her death has been listed as "intracranial hemorrhage."
According to the wrongful death lawsuit, employees of the jet-ski company did nothing to prevent the accident from occurring. The accident allegedly occurred as the result of the man failing to pay attention to where he was going while he was riding the jet-ski. He was apparently standing on his jet-ski and became distracted by his girlfriend who was taking video and photos and did not pay attention to other boat traffic in the bay.
Dagley is expected to be arraigned on the misdemeanor charge Tuesday.
Wrongful death lawsuits can arise in any type of personal injury accident where an individual dies as the result of another's reckless or negligent conduct. Negligence refers to the breach of a legal duty to act reasonably or to protect another from foreseeable dangers. Many factors go into determining whether a specific action may be considered negligent and whether that action led to a person's harm. In these instances, it may be possible to recover for your damages. In a wrongful death lawsuit, the surviving family members may bring a lawsuit on behalf of the deceased. Speaking to a skilled Sacramento personal injury lawyer right away is an important first step to determine your rights in the event of any injury accident.
Here, if Fonseca is found to be reckless or careless (i.e. negligent) in his actions, then he may be held responsible for the "wrongful death" of Fonseca in a civil court and be required to pay damages such as medical costs, lost wages and emotional distress. The family is also suing the Jet-Ski company for their negligence. While all of the details of the lawsuit are unknown, whether the company took the necessary safety precautions to avoid accidents or whether the actions it took where an accident occurred were sufficient will be under review. Although the company did not specifically harm Fonseca, if their actions were such that led to foreseeable harm, they may be found responsible and be required to pay damages as well.
Whenever a tragic accident occurs, it's of upmost importance to speak to an experienced Sacramento personal injury lawyer right away. Even though filing a lawsuit may be the furthest thing from your mind, it is critical to determine all factors that may have led to an accident and ensure you protect your right to future compensation. For more information, please contact the top Sacramento wrongful death attorneys at the Law Office of Frederick J. Sette for an immediate consultation.
The Marin Independent Journal reports that a 71-year-old San Bruno man was killed in a fatal pedestrian bicycle collision last week at the intersection of Castro and Market Streets in San Francisco. The bicyclist who ran into the pedestrian was returning from a Marin Headlands group ride. Online messages suggest that the man may have been speeding down the hill just before the bike accident occurred.
If you have been injured as the result of a bike accident or pedestrian accident, or you have lost a loved one in a fatal collision, it is important to consult with an experienced Sacramento bike accident lawyer to protect your rights and determine your next steps. Although in some instances accident simply happen and no one is at fault, where another person's careless and reckless actions cause you harm, it may be possible to recover compensation.
Here, the investigation into the accident continues. Reports indicate that the San Bruno man was in the crosswalk when the accident occurred, and both him and the cyclist were taken to the hospital with injuries. The cyclist was treated for non-life threatening injuries and released. Newspaper accounts provide that police are looking into whether the bicyclist ran a red light and will be meeting with the District Attorney's office to determine the next steps. Further, the pedestrian's official cause of death has not yet been determined.
While bicyclists are often the victims of tragic accidents, especially when cars and trucks fail to share the road, it is important to remember that bicyclists can also cause serious accidents if they fail to pay attention to the rules of the road or ride recklessly or carelessly.
For more information about bicycle accidents or pedestrian accidents, or if you have been suffered serious injuries in any type of transportation accident, contact the top Sacramento personal injury lawyers at the Law Office of Frederick J. Sette for an immediate consultation.
The family of a son who died in a car accident has recently filed a negligence lawsuit arising out of the Mateo County Coroners Office handling of the mans' body parts. According to the lawsuit, the coroners office caused the family severe emotional distress when it sharing brain tissue of the man with a private pathologist in a wrongful death lawsuit. The parents, who are devoutly Jewish, assert that the Coroners Office violated California statutes concerning remains and neglect.
Negligence lawsuits can arise in many situations and involve instances where a duty of care has been created and a breach of that duty causes harm. Generally, a duty of care is a legal obligation that requires individuals, businesses or governmental entities to act with reasonable care to avoid a foreseeable harm. When an entity fails to act with sufficient care, and harm occurs the individual, business or entity may be held liable. The question of duty often turns on a complex legal analysis, so it is important to consult with a knowledgeable Sacramento personal injury attorney if you believe you or a loved on has suffered harm do to a careless or reckless act of another.
Here the actions stem from a wrongful death action filed after a fatal car accident. During that lawsuit, an attorney requested information concerning the son's brain tissue. Rather than turning over the contents of a written report the coroner handed over custody of the man's physical remains. The pathologist took several tissue samples, turning them into at least 20 different slides.
Pursuant to their faith, dissection for a not urgent or medical reason is "a matter of shame and gross dishonor." According to the lawsuit, the family experienced significant emotional distress as the result of the coroner's neglectful indifference to their faith. In legal terms, the family's negligence lawsuit alleges that the coroner breached its duty of reasonable care to the family. Additionally the family faults the coroner for carelessly disregarding a next-of-kin notification policy.
If you have suffered emotional or physical personal injury as the result of another's negligent conduct, it is important to contact a top Sacramento personal injury lawyer to discuss your case and ensure you receive the compensation you deserve.
A recent story out of Texas revealed a startling statistic - more than 4 million Americans admit to drunk driving. In a study conducted by the Center for Disease Control (CDC), four million drivers admitted to driving under the influence, meaning that the true number of impaired drivers is much greater. The CDC notes that alcohol impaired drivers were on the road at least 112 million times last year, a decrease of 30% since 2006.
These statistics are alarming and groups such as Mothers Against Drunk Driving (MADD) continued to be concerned. As stated by a representative "It's very, very frightening news to see that four million Americans, and those are just the ones that have admitted to drinking and driving, it's a frightening thought, all of us are put at risk. While 30 percent is down which is certainly exciting to hear, nonetheless, it's still very frightening to hear the number of individuals that are risking not only their own lives, but the lives of others."
If you or a loved one has been injured in a California drunk driving accident, contacting an experienced Sacramento drunk driving accident lawyer is important to protect your rights, answer your personal injury questions and provide you crucial advice concerning your next steps.
Victims injured by negligent drunk drivers fact medical bills, loss of wages, physical pain and emotional distress. In the event of a wrongful death, families are torn apart without warning. Although filing a lawsuit may be the furthest thing from your mind at this difficult time, it is important to speak to a knowledgeable personal injury lawyer to protect your future and ensure you receive fair compensation for your injuries.
In order to combat drunk driving and decrease the number of drunk driving accidents, the CDC is urging all states to increase sobriety checkpoints. As a Sacramento drunk driving accident lawyer, I am hopeful the number of drunk driving accidents will continue to decline.
For more information or if you or a loved one has been injured in a drunk driving accident, contact the dedicated Sacramento drunk driving accident attorneys at the Law Office of Frederick J. Sette for an immediate consultation.
KSEE 24 News out of Fresno and Visalia reports that a 32-year-old Encino man has been arrested in a fatal DUI accident that occurred last weekend. Sancho Kibufu was allegedly driving under the influence on Golden State Boulevard in Madera when his car went across the centerline, hitting a car carrying four teenage boys from Chowchilla. Three of the boys suffered serious injuries and one was killed. Kibura is being charged with vehicular manslaughter.
If you have been injured in a car accident, including a drunk driving auto accident it is important to contact an experienced Sacramento auto accident attorney to determine your next steps. Not only do drunk drivers face criminal penalties, but they may also be liable in civil actions for personal injury and wrongful death.
Drunk driving injury accidents are far too common. Statistics provided by Mothers Against Drunk Driving (MADD) reveal that 17,013 people were killed due to alcohol related car accidents in 2005, representing forty percent of the nation's total traffic deaths. This figure has likely increased since last reported.
Where a victim dies as the result of a drunk driving auto accident, families are torn apart without any warning and suffer an unimaginable loss. Although speaking to a drunk driving accident attorney may be the furthest thing from your mind, it is crucial in order to protect your right to obtain compensation. In many situations, survivors may be able to file a wrongful death lawsuit to recover damages for medical bills, mental anguish and the loss of companionship.
As a Sacramento personal injury lawyer I am hopeful that California roads stay safe this Labor Day weekend and people who drink act responsibly and designate a sober driver.
For more information, or if you or a family member has been injured in a drunk driving car crash or any type of car accident, contact the dedicated Sacramento accident lawyers at the Law Offices of Frederick J. Sette for a free consultation.
The Contra Costa Times reports that a toddler has died after falling into an irrigation canal near Bayliss, California. According to the report, the young boy fell into the Glenn County Canal and was in the water for nearly 10 minutes before his mother was able to pull him out and begin CPR.
Emergency responders were initially able to restore a faint heartbeat and the boy was taken to a Sacramento area hospital. He subsequently died. The sheriff's department notes, "We don't suspect negligence."
Whenever a tragic accident occurs on public property the question of safety arises and whether adequate measures were taken to protect against dangers. Generally, property owners have a duty to maintain their property in a reasonably safe manner. This means they must take measures to eliminate dangers they know of or should have been aware of or adequately warn of such dangers.
A warning may be a simple as placing a sign setting forth the potential hazard however, if a sign is not placed in a manner that is visible or sufficiently descriptive, the warning may not be adequate. Similarly, in many instances affirmative steps must be taken to protect against known dangers.
Premises liability cases can occur on any type of property and may involve any type of danger - from an open canal to a spilled liquid at a grocery store, the lack of a fence around a public pool, or the failure to warn of a dangerous construction zone. If an unreasonably dangerous condition exists and you are harmed as a result, it may be possible to recover compensation for your injuries.
Here, it is unknown how the accident occurred and how the boy was able to get into the irrigation canal. Many times, simple steps such as placement of a barrier or fence may be able to avert a tragedy.
For more information, or if you have been injured as the result of a dangerous condition on public property, contact the experienced Sacramento premises liability lawyers at the Law Offices of Frederick J. Sette for a free consultation.
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.
The family of a man convicted of vehicular murder as the result of a Novato drunk driving accident must pay restitution to the family of the Novato girl he killed.
According to the Pacific Sun, although Edward Schaefer died after being stabbed on a San Quentin prison yard, his estate is still required to compensate the girl's family for lost wages as well as funeral and medical expenses.
If you or a loved one has been injured or killed in a California drunk driving accident, a skilled drunk driving accident lawyer can help you obtain compensation for your injuries. Victims and their families may be entitled to compensation for medical bills, loss of wages, emotional distress and funeral expenses.
Here, Schaefer was cleared of his criminal conviction as the result of his stabbing death. But his death did not relieve his estate of his obligation to pay nearly $1.4 million to the estate of the family of the girl he killed.
In a previous ruling, the judge described evidence of Schaefer's responsibility in the girl's death from the drunk driving accident as overwhelming.
If you or a loved one has been injured in a drunk driving auto accident, please contact the experienced Sacramento personal injury lawyers at the Law Office of Frederick J. Sette. We are dedicated to helping the victims of negligence obtain the compensation they deserve.
A 23-year-old California woman now faces a wrongful death lawsuit arising out of a car crash that killed CHP Officer Brett Oswald. Kaylee Ann Weisenberg was speeding and high on methamphetamine when the crash occurred. She was driving too fast when she turned a corner and lost control of her car. Oswald was out of his vehicle at the time, and was struck by his own patrol car after Weisenberg crashed into it. Oswald was a 21-year veteran of the CHP.
As a result of the fatal car accident, Weisenberg faces four criminal charges, including murder. Oswald's family has now filed a civil suit for personal injury, wrongful death and property damage. A wrongful death lawsuit can be brought by the family of a victim killed by the negligent, careless, intentional or reckless acts of another.
Under California law, the families of those killed in a wrongful death lawsuit are entitled to compensation including medical costs, funeral expenses, loss of love and companionship, lost financial support and in some cases, punitive damages. An experienced California personal injury attorney can advise you concerning your options.
A representative for the family states that any compensation they receive as the result of a lawsuit will go to a memorial fund to help other young people become members of law enforcement.
For more information, or if your family has experienced the wrongful death of a loved one, contact the Law Office of Frederick J. Sette, helping victims of negligence and their families for more than 15 years.
On August 30, the California Court of Appeals ruled that the lower court erred in throwing out a lawsuit against the city of Los Angeles based on negligence arising from the fatal Blue Line Metro accident. The metro train ran into a car, driven by Sara Tovar, crossing the tracks. Tovar died from her injuries.
According to testimony, Tovar failed to see the flashing lights or hear the train's bells as it approached. Experts testified that inadequate signage existed at the intersection. Charges were dismissed by the court against the Metropolitan Transportation Authority, but allowed to continue against the city. At issue - whether the city maintained a dangerous condition on public property.
When accidents occur on another's property, potential claims for negligence exist if the owner is aware, or shown have been aware of unreasonably dangerous conditions that contributed to or caused an accident. A dangerous condition is one that "creates a substantial risk of injury when such property or adjacent property is used with due care in a manner is which it is reasonably foreseeable that it will be used." Where municipalities or other public entities are involved, the analysis may be more complex, however public entities may still be found liable for injuries caused by a dangerous condition on public property.
For more information, or if you or a loved one has been injured as the result of a dangerous condition, contact the Law Office of Frederick J. Sette, dedicated to helping those injured by the negligence of others for more than 15 years.