Law Office of Frederick J. Sette
Personal Injury Attorney
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Torts explained by Stockton Injury Lawyers

Most people in California are familiar with the legal term “tort,” but according to our Stockton personal injury attorneys there is a good deal the public doesn’t understand about this expansive arena of law. Most often, public exposure to the concept of tort comes at statewide election time when the issue appears on voters’ ballots. Although the issue usually centers on limiting claims for damages, our Stockton liability and injury lawyers know that tort law covers a great deal of legal territory. Consequently, this blog will cover some of the issues involved in torts that our Stockton personal injury lawyers frequently deal with.

Tort law involves civil wrongs which our injury attorneys explain as the claims of one individual or group of people against another person or group. This differs from criminal trials in which the state (not the individual) brings the legal action to court in Stockton. A personal injury lawyer will represent a plaintiff who claims a civil wrong - harm or injury - has been done to him or her by a person or a group. Tort law, according to our Stockton personal injury attorneys, aims to levy punishment for a wrong, as well as to prevent future similar acts.

The dual purpose of tort law can be seen in current actions against car makers throughout the nation and in Stockton. Liability lawyers are representing plaintiffs harmed in car accidents due to faulty equipment – personal injury attorneys are mostly focused on defective airbags produced by the Takata Corporation. Throughout the past year, our Stockton personal injury attorneys have monitored lawsuits involving car makers such as Chevy, GM and others. At the present time, our injury attorneys say there are about several lawsuits pending (including a class action suit), mostly related to faulty airbags. Although a few cases have been settled out of court for monetary damages, several plaintiffs are pursuing trials for the preventative effect a guilty decision might have. Our Stockton Liability lawyers point out this dual-effect is inherent in tort law – one purpose to punish and the other to prevent further harmful acts. In court, personal injury attorneys can further request from the judge an injunction to prevent the company (or individual) from future similar actions. For example, the plaintiff’s liability attorney may ask the court to prohibit the use of airbags purchased from a maker ruled liable for injury. Lawyers at Sette Law closely follow developments of these civil action suits related to defective airbags.

It’s also important to know that in cases such as those just outlined, liability attorneys representing the plaintiff can also extend responsibility (liability) to the entire manufacturing, marketing and sales chain. That means Takata itself can be held liable all the way through to the dealership selling the vehicle in Stockton. 

Liability Attorneys contend with Inconsistent Statutes
Our Stockton personal injury attorneys admit that tort law is pretty complicated, in part, because there is no overall federal products liability law. Instead, individual states create liability statutes, so a Stockton liability lawyer must be acquainted with differing laws from one state to the next. To mitigate the lack of overarching tort law, the U.S. Department of Commerce issued its own statutes, known as MULPA (Model Uniform products Liability Act). Stockton personal injury attorneys say there is no requirement to reference MULPA in court actions and state use of these statutes is purely voluntary.

Getting into more detail, our Stockton personal injury lawyers explain that the category of products liability has three distinct areas: strict liability, negligent, and intentional torts. Strict liability is the action our Stockton injury lawyers deal with most. In the case of Takata, for instance, the company may have demonstrated adequate “care” in manufacturing airbags and still be held liable for death and injury. Our personal injury lawyers theorize that this element of products liability will apply in the Takata actions.
Moving on, injury lawyers explain that negligent torts involve someone who does not show “care” and causes harm. Say a drunk driver gets behind the wheel and hits a bicyclist on a roadway in Stockton. Liability lawyers will establish the driver’s intoxicated condition shows he failed to demonstrate required care and was therefore negligent.

Next, our Stockton injury lawyers deal with intentional torts in which an individual causes harm to another through physical assault or some active intent to cause harm. Liability lawyers must prove the action was, indeed, intentional. Intentional tort circumstances may include trespassing, intent to exert emotional distress, false imprisonment. Stockton injury lawyers may also represent people involved in defamation and the invasion of privacy, among other acts, under the title of intentional tort law.

Our Stockton personal injury attorneys and lawyers across the nation, have access to the American Law Institute, commonly referred to as the ALA.  This organization is a collection of about 4,000 legal experts who produce the “Restatement of Torts,” a reference publication that clarifies and updates the application of law throughout the United States. Our Stockton liability lawyers can leverage the work of these scholars as circumstance arise for our clients in Stockton.

Liability Attorneys contend with Tort Complexities
Personal injury lawyers are keenly aware of the complexities of liability and tort law and, with many years of study and experience behind us, want to help clients better understand how we may assist them in tort cases in Stockton. Our liability attorneys take on the responsibility of staying informed about changing interpretation of law based on cases across the county. At the same time, injury lawyers feel obligated to inform clients about rulings and opinions that may affect their case in Stockton. Personal injury attorneys know that tort law offers opportunity to victims who, through no fault of their own, are injured due to the negligence, intention or actions of others. In addition, our Stockton liability lawyers get satisfaction from knowing that some tort cases have national implications that can save lives. From cities like Stockton, personal injury attorneys can highlight wrongs that, without tort law, could continue to cause injury and even death. Many injury lawyers believe the current actions highlighting auto makers and the Takata Corporation may be just such an instance of tort law opening the door for greater scrutiny of quality in automobile safety equipment.



Stockton Car Accident Lawyers Note Auto Recall Explosion

STOCKTON – Personal injury attorneys are vigilant about monitoring car maker recalls, such as those announced by GM over the past several months in Stockton. Car accident lawyers point out that GM is not alone in recalling vehicles because of dangerous defects. In July, Volkswagen announced the recall of its Routan model, identifying defects in the ignition switch that can cause failures in brakes and airbags. Our Stockton personal injury attorneys are also aware of airbag problems in the Range Rover.

As car industry representatives report data on crashes due to these failures, Stockton car accident lawyers at Sette, along with other industry-watchers, suspect that many defect-caused accidents go unreported nationwide and in Stockton. Personal injury attorneys find that car accident victims may not realize their vehicle was subject to a recall. As Stockton car accident lawyers, it is our job to make sure victims injured in cars with defects, do not have to bear the burden of huge hospital bills and repercussions of life-changing injuries.

Stockton Car Accident Lawyers Navigate Legal Labyrinth
Of course, our Stockton injury attorneys must also be experts in working within a legal system that is complex. For most people, trying to recover financially (and medically) from a serious car accident is highly stressful. At Sette Law, our Stockton injury attorneys spend their professional lives navigating the justice system to protect the best interests of our clients in Stockton. A personal injury attorney has the expertise to advocate for individuals who find themselves facing giant corporations with a full time legal staff.

Our Stockton injury lawyers note that many defects in cars, only recently recalled, were known to auto-makers several years ago.  As far back as 2003, GM was aware of potentially dangerous ignition issues in cars purchased in your hometown – Stockton. Car accident lawyers at Sette remain aghast that it was not until 2013 – at least 10 years later – that GM’s top management publicly tackled the issue with massive recalls of automobiles. Clearly, there are accident victims from those years of silence who are unaware a defect played a role in their Stockton car accident. Lawyer’s on Sette’s Stockton team are dedicated to supporting accident victims through expertise and strong legal advocacy.

The highlighted legal case against GM dates back to 2006 when an airbag in a Chevy Cobalt failed to deploy, killing the 26-year-old passenger and her unborn child. Our Stockton personal injury attorneys are saddened by this tragic accident and outraged that it took extreme events to bring this endemic problem to light for car owners in Stockton. Our injury lawyers believe the public deserves swift action when safety is threatened. Instead, GM’s airbag defects were kept quiet for years – out of reach for drivers across the U.S. and in Stockton.

Personal Injury Attorneys Eye Disparate Data
Given the many years GM management failed to make airbag defects public, our Stockton car accident lawyers are skeptical about the numbers of related deaths and injuries reported by the company. With GM’s total reported airbag related deaths at 16, red flags went up for investigative news agencies, including Reuters whose probe indicates 74 deaths related to faulty airbags. Clearly, as time passes, our Stockton injury attorneys will also uncover more incidents that have gone uncounted.

If, during the past decade, you have been injured in an accident involving one of the GM models named in the recall, our Stockton personal injury attorneys suggest you consider recovering the financial harm caused by the incident. We believe that, had GM – and other companies with similar issues – been forthright and accountable in a timely manner, accidents and deaths could have been prevented.