Three Legal Doctrines Concerning Dog Bites

When a dog attacks and injures an individual, the dog owner is held liable. When a dog owner is liable for the injuries caused by his or her pet, he or she is governed by legal doctrines or statutes in which liability for a dog attack is determined. Each state, however, varies when it comes to legal statutes concerning dog bites.

Generally, there are three basic types of legal doctrines or statutes that will make a dog owner liable for injuries or damages caused by his or her pet dog. These are:

• Strict liability statute
• “One bite” doctrine
• Negligence doctrine

Strict liability

Most states have strict liability statutes in relation to dog bites. Specifically, there are thirty-five (35) states that employ such statutes, including District of Columbia. The State of California is one of the states governed by a strict liability rule in dog bites (under the California Civil Code 3342).

Under the strict liability doctrine, a dog owner is liable for the injuries and damages caused by his or her dog, no matter if the dog owner knew that his or her dog is dangerous or had a history of attacking someone. Even if the dog owner is conscious enough to provide restraint and protection for his or her dog to prevent a dog bite, he or she can still be liable.

There are exceptions to the rule, though. The dog owner is not liable if (1) a trespasser steps into his or her property without permission, (2) a veterinarian who treats his or her dog gets bitten, and (3) an individual provokes his or her dog with a stick.

“One bite”

Under the “one bite” doctrine, a dog owner is not yet liable if his or her dog bit for the first time ever. Once his or her dog bites a person, however, it would mean that the dog is known to have a propensity to bite. If the dog bites another person for the second time, it would mean the dog owner is now liable.

Still, there is an exception. The dog owner may believe that the dog is dangerous enough to bite a person. For example, if a dog regularly snaps at people, then the dog is considered dangerous, which would mean that it might have bitten a person in the past.

Negligence

A dog owner is liable for the injuries or damages suffered by a victim if he or she is unreasonably careless or “negligent” in handling a dog. A reasonable dog owner must have the urgency to prevent his or her dog from injuring a person or damaging a property.

When a dog owner let his or her dog run free, he or she is considered negligent. Negligence adds more weight to the case if the state has a leash law that enforces all dog owners to restrain their dogs with a leash. A dog owner is likewise negligent if the fencing in which the dog is in is not secure enough to protect it from passers-by.

Hiring an attorney

A victim of a dog bite must seek help from a Los Angeles accident lawyer. Having a legal representative would not only allow the victim to know more about the dog bite doctrine in California, but he or she will have a chance to recover compensation from the injuries and/or damages suffered.

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The Need for a Legal Representative for a Personal Injury Accident

If you got involved in an accident and you only suffered minor injuries, calling your insurance provider is one of your best options. That way, you’ll be able to know the exact amount of compensation you are entitled to receive.

However, this is not always the case, especially if you get involved in a horrible accident that may leave you severely injured. At times, your insurance company may not be that cooperative and will not offer you a fair settlement.

Before you seek the help of an insurance company, the first thing that you should do is to retain the services of an attorney. Having legal representation won’t only help in your dealings with the insurance company, but will also aid in devising a personal injury lawsuit.

Why need an attorney?

Your chosen attorney’s task is not only to speak with your insurance provider and negotiate for the right amount of the claim. He or she has a variety of other tasks, which may include any of the following:

·         Gathering information and evidences regarding the accident

·         Contacting possible witnesses

·         Reviewing your claim, including the police report and your personal account of the accident

There is a higher chance of getting representation from a personal injury attorney if you feel that the injuries you suffered from the accident resulted to losses in your financial capability and in your ability to perform daily life activities. Once he or she is able to take your case, he or she will devise strategies in order to come up with a resolution. Litigation can be done either in a formal court settlement or in an informal negotiation.

The advantage of having an attorney is that they could work on the basis of a contingency fee. If your attorney wins your case, he or she will receive a percentage of the award that has been entitled to you as his or her fee. If not, he or she will receive nothing.

When to need an attorney

You need an attorney if:

• Your sustained injuries leaves you permanently disabled. In a fatal crash like a vehicular accident, there is a 50/50 chance of survival. You may have a chance to live, but the injuries you sustained may affect your physique and your mental ability for the rest of your life.

• You were a victim of medical malpractice. The incompetence of your doctor can result to complications of your illness or suffering another injury.

• You experienced other forms of personal injury accidents such as slip and fall and product liability.

In choosing an attorney, you must pick the one with extensive experience in dealing with clients’ personal injury claims and is able to win most of them. You can choose any one of the Los Angeles lawyers near you to help you with your claim

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What to Know about Slip and Fall Accidents

The Centers for Disease Control and Prevention (CDC) statistics show that there are more than one million Americans who suffer from slip and fall injury each year. Out of such numbers, more than 17,000 people die. Moreover, the CDC states that 15 percent of all job-related injuries are caused by slip and fall.

Also, based on the Occupational Safety and Health Administration (OSHA), slip and fall accident is the second leading cause of impairments and deaths after car accidents. This is one of the things that people should take note of so that they will not neglect the risk of slip and fall.

Victims of this accident must seek legal help from Los Angeles lawyers right after the occurrence of the accident. It is very important to pay close attention to this matter so that no major complication will develop soon after. An experienced lawyer can also refer the victim to a doctor specializing in slip and fall injuries.

The following are the common conditions that lead to a reasonable slip and fall claim:

• Ice
• Substandard flooring
• Floor mats that are secured improperly
• Poor lighting
• Unsafe staircases or steps
• Standing water puddles
• Hidden drop offs or cracks
• Snow or ice on sidewalks

Slip and fall cases can be classified under premises liability. It is stated under the premises liability statute that premises owners are in full responsibility as regards to maintaining and ensuring the safety of environment. If owners fail to do so and a person got injured, the former may be ordered by the court to pay for the lost wages, medical expenses, and pain and suffering of the latter.

In proving a claim, the plaintiff must be able to establish and prove that there was a dangerous condition in the premises that directly contributed to the occurrence of the accident. The following accounts may help:

• Proving that the property owner should have had an idea about the risky condition.
• Proving that the property owner had sufficient the time to correct the problem that caused the fall.
•  Proving that the property owner negligently failed to give warning or correct the problem.

Anyone who suffers from slip and fall injuries should get proper legal advice from a slip and fall lawyer in order to achieve justice from what has been suffered. Contact the nearest law firm in your place immediately.

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Beat Road Aggression

Aggression can lead to a devastating road traffic accident. That is exactly the same reason why a crash occurred at Interstate 80 in Richmond, California. The wreck killed a motorist and left the commute that morning in a standstill. According to witnesses, road rage caused the mishap when a brown 1989 Ford van together with a white 2000 GMC pickup from westbound coming from Carlson Avenue collided with each other. The victim was the driver of the van whom was at his 60’s.

Aggressive driving, in which rage is a subcategory according to the Smart Motorist website, is depicted as the untoward display of aggression between motorists and could lead to more extreme acts of physical assault. The rate of mishaps, which occurred yearly in United States, was of irregular number yet it could be said that it never went below the one thousand mark. As of 1996, there are about 1,201 of these road disasters.

There are three characteristics, which distinguishes an aggressive type of driver from others. According to the New York State Police whom were well acquainted with these individuals, they naturally display the following:

1. Operates a motor vehicle in a selfish, bold or pushy manner
2. Drives without regard to the rights of other road users
3. Drives devoid of consideration for the safety of other road users

Because of these rampant practices done by drivers, the National Highway Traffic Safety Administration (NHTSA) had created different campaigns in order to warn the public regarding the possible situations that they could be in that would prompt them to commit aggressive driving. Hence, they remind motorists of these guidelines:

·         Focus – Never allow the possibility of being distracted through talking via cellular phone, putting make up or drinking while driving.

·         Calm down – Upon getting into heavy traffic, it is best that the motorist would turn on the radio to listen to music to calm the nerves. By doing this, they would be able to have a good time while still inside the vehicle.

·         Driving on the Posted Speed Limit – Drivers are well advised to follow the posted speed limit so that they would be far from endangering their lives and other people.

·         Locate Substitute Route – There is a possibility that the road less traveled by people would be less congested.

·         Utilize Public Transportation – Using the public transportation can provide less stress at times especially if the route that the motorists are travelling is quite congested. 

·         Be late – If all of the tips are inapplicable then it is better to be late than to risk one’s life in a road traffic accident.

Among all of the aforementioned instances, it is important that people fully understand the importance of keeping calm in situations that dictates otherwise. A virtue is sometimes forgotten in this fast-paced world. Instead of being aggressive due to traffic or by being provoked by other drivers, it is better if people are street smart and be able to find ways to beat time through locating alternate routes.

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Safety Tips while Driving on a Rainy Condition

Occurrence of car crashes in California is not surprising any longer. Every year, there are thousands of accidents that transpire along the thoroughfares and highways of California. As a result, many lives are taken away. While most accident cases are due to driver error, other instances are brought by road or weather conditions.

How to Drive Safely on a Rainy Day?

• Slow down. It takes longer to pull over or adjust in wet weather.
• Make sure that your car’s brakes, accelerator, wiper, and seat belt are all in good condition.
• Maintain the three-second rule (proper following space). This, however, needs to be increased in wet condition.
• Be more attentive. Watch out for brake lights in front of you.
• Stay toward the middle lanes because water is likely to pool in the outside lanes.
• Do not follow buses or large trucks too closely.
• Replace old or fragile wipers before the rain pours.
• Keep your headlights on even in a light rain, gloomy, foggy, or overcast conditions. In this manner, you will not only see the road conditions, but it will also make you visible by other drivers.
• Avoid using brakes. It would be better to take your foot off the accelerator to slow down.
• Avoid off-road driving. You can never calculate the depth of puddles and you can easily be stuck.
• Never drive through moving water, especially if you cannot see the ground through it. Your car could be swept off the road.
• Avoid splashing pedestrians alongside the road.
• Do not drive beyond visibility limits. At night time, a lot of factors can contribute to the occurrence of accidents; thus, accidents are likely to happen.
• If you are driving through a puddle and you are uncertain of the depth, go slow. However, if you feel that the water is deeper than the bottom of your doors, better turn around and look for another way. Also, high water can damage your car’s electrical system.
• If there is no urgent need to travel or drive, stay off the road during heavy rains or downpour. Fatal conditions are present in the road especially when there is strong winds and heavy rain.

The abovementioned suggested tips are important to follow so as to avoid being in an accident. Car crashes can impinge on the victims’ lives; therefore, since these tips are not difficult to abide with, there is no reason not to follow.

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