Laws are different in every state, but the common law of all states holds a person responsible for a dog bite if the owner knowingly kept a dog that had previously bitten someone or that had exhibited a tendency to bite someone. This is generally known as the “one free bite” rule because dog owners are not liable if their dog had never bitten anyone before and they were unaware of any vicious tendencies. A dog handler could also be liable if he or she was negligent in controlling the dog at the time of the injury. Some states, such as California, have passed stricter laws concerning dog bites.
The “one free bite” rule has been eliminated in California. State statutory law now holds a dog owner liable even if his or her dog has never bitten anyone or shown a tendency to bite. Liability is based upon ownership and the dog’s past behavior does not matter. In California, a victim of a dog bite must show the following in order to recover:
A dog owner may have a defense under the statute if he or she can prove any one of the following:
The California statute applies to the “owner of any dog.” However, when the dog is under the control of another person at the time of the injury, a keeper or handler may still be liable. Liability is based not upon the statute, but upon common law rules. In contrast to an owner, a keeper or handler must have had some prior knowledge of the dog’s vicious tendencies (such as a prior bite) to be liable. Liability can also be shown if the keeper or handler was negligent in handling or controlling the dog. Landlords may also be responsible for injuries in situations where they had knowledge of a dog’s vicious tendencies.
A dog bite can result in serious physical injury, as well as traumatic emotional wounds (especially in children). If you or a loved one has been bitten in a dog attack, you may be able to recover compensation for your injuries. This may include, but is not limited to, past and future medial costs, lost wages, pain and suffering, and possibly punitive damages. Contact our experienced attorneys today for a free case evaluation at 818-574-5865.
]]>If you’re in a crash and hit your head, you may have no apparent symptoms and refuse medical treatment because you think you are fine. However, head and brain injuries are often symptomless at first, and this is why they are so dangerous. Any blow to the head can lead to a traumatic brain injury (TBI). Here are themost common types of brain injuriesand how to know if you’ve suffered a possible brain injury.
Concussions are the most common types of traumatic brain injuries seen in car accident victims. Luckily, most concussions are mild and usually do not cause permanent brain injury. If you suffer a concussion, you may briefly lose consciousness and may experience dizziness or feel “dazed.”
If you have a contusion, you may have trouble with thinking, seizures, light sensitivity and headaches. Contusions are coup or contrecoup injuries. These are bruises to a specific part of the brain caused by a blow to the head. If you suffer a coup injury, your brain has in injury directly in the impacted area, while a contrecoup injury means your brain has an injury on the opposite side of the impact.
A hematoma is a blood clot that forms when blood vessels rupture, causing blood to escape the normal bloodstream and clot. Head trauma from an accident can result in a hematoma that grows large enough to compress the brain. Most of the time, your body will reabsorb the clot, but sometimes surgery is necessary to remove larger clots.
Any blow to the head can result in a brain injury. The symptoms of a brain injury may occur at the time of the injury, or they may not pop up until days later. Regardless, if you are involved in a car accident, seek medical attention as soon as possible and never try to push through injuries or tough it out. If you are in anaccident that occurred due to a negligentdriver, you may be eligible to receive financial compensation to help with any incurred medical expenses.
]]>The recentCalifornia crash took place at around 11:40 p.m. According to authorities, a car suddenly hit a bicyclist. The bicyclist then reportedly became trapped beneath the car.
Police reported that the driver kept driving for over a mile. The driver then allegedly turned left, causing the bicyclist to become dislodged. Officials said the driver then sped off, leaving the bicyclist to die from his accident injuries. Local police offered a reward of $50,000 or less for anyone offering information resulting in the motorist’s identification, arrest and conviction.
If police find the driver who reportedly caused the fatalbicycle accident and take him into custody, the surviving family members of the bicyclist may choose to file a wrongful death claim against this driver, seeking the reimbursement of monetary damages sustained in the wreck. Liability must be established, based upon a showing of negligence, before a judge will decide the claim. If the deceased bicyclist’s family members are successful in their claim, they may receive a damage award to cover the bicyclist’s funeral expenses and any other losses resulting from the California motor vehicle wreck. No amount of money can undo the events leading up to the fatal bike crash, but a financial damage award may help the bicyclist’s surviving family members more easily move forward from the incident.
]]>The recent California wreck occurred at about 4 a.m. on a Thursday in a transition road between the Pomona Freeway and Santa Monica Freeway. According to authorities, a driver was going in the wrong direction along a road’s eastbound lanes. That vehicle then struck a second car.
Police said the wrong-way driver passed away at the accident scene. The three injured people were in the vehicle that was struck. They were transported to a medical center, where their conditions were deemed critical.
The three injured individuals in the second car may choose to file personal injury claims, seeking the reimbursement of monetary damages sustained due to the California car crash. Even though the alleged wrong-way driver passed away in the collision, the injured individuals may still sue his or her estate and anybody else with an ownership interest in the car he or she was driving when the wreck occurred. If they are successful in civil court, they may be awarded financial damages to cover their hospital bills. Monetary damage awards may also help them cover the loss of wages if their accident injuries prevent them from returning to work for extended periods.
]]>A TBI research team recently examined the connection between the heart and brain . They discovered that neuroinflammation, which occurs after a TBI, may increase a TBI survivor’s risk of brain dysfunction and cardiovascular issues. Neuroinflammation is where immune cells are activated in response to an infection.
TBI survivors may experience cardiovascular issues because neuro-inflammation following a TBI may make their arteries susceptible to hardening. Sleep disturbances and weight gain following a brain injury may increase this risk. Researchers suggested that clinicians’ health management guidelines should address TBI survivors’ cardiovascular health more directly in light of the research results.
An individual may suffer a brain injury in a car crash resulting from another driver’s speeding, or a brain injury may happen in a trip-and-fall accident at a store due to the owner’s failure to remove debris from the floor. Individuals who have suffered TBIs due to other individuals’ negligence in California may file personal injury claims against the reportedly at-fault parties, seeking the reimbursement of monetary damages sustained. Successfully litigated claims may lead to monetary damages to cover their accident-related losses, including ongoing medical costs and the loss of wages due to being unable to return to work following their injury-causing accidents.
]]>The recent California wreck occurred near a street intersection. According to police, a 72-year-old woman was trying to turn south to find parking. A second woman who was headed eastbound reportedly hit the first woman’s car.
First responders pronounced the first driver dead at the crash scene. The second driver survived the wreck but suffered injuries and was taken to a medical center for treatment. Her injuries were not deemed life-threatening. Authorities continue to investigate the cause of the crash.
Police may determine through their investigation that the California accident happened due to the first driver’s negligence, such as failing to yield to oncoming traffic when making a left turn. In this situation, the injured second driver may choose to file a personal injury claim, seeking the reimbursement of monetary damages sustained as a result of the accident. Even though the woman who allegedly caused the crash died in the collision, her estate may still be sued. Anyone else with an ownership interest in the car she was driving at the time of the accident may be named as a defendant as well. A successfully fought claim might lead to a damage award to cover the injured woman’s hospital bills and other accident-related losses, such as the loss of wages if she must miss work for an extended period due to her injuries.
]]>Anyone who has suffered an injury after slipping and falling at a business property must prove that the injury resulted from the failure of the property owner or party occupying the premises to maintain the premises properly. Property owners may be held financially responsible for falls if they knew about or should have known about hazards on their properties but did not fix them or provide proper warnings.
Many kinds of dangerous conditions may lead to slipping and falling. These include wet floors or uneven flooring. Others range from bulging carpeting to poor lighting and debris on the ground.
An attorney in California may help an individual who has been injured in a slip-and-fall accident file a premises liability lawsuit against the party believed to have caused the incident due to negligence. A successfully litigated claim usually leads to compensation for medical bills and lost wages the victim’s injuries prevent a return to work for an extended period. Monetary damages might also help cover emotional distress and pain and suffering resulting from the accident. Based on California’s comparative negligence law, compensation will be awarded based upon the claimant’s percentage of fault so that even victims who were 99% responsible have the right to an award of damages, less the percentage of fault attributed to them.
]]>If you look at society today, it’s easy to see we are becoming increasingly reliant on technology. In fact, most vehicles produced these days come with technology intended to make the driving experience as safe as possible. Yet, some of these features can serve as a distraction for drivers. You may think that distracted driving only pertains to using a cell phone behind the wheel, but, in reality, anything that takes your attention off the road in front of you can be distracted driving.
You may think that distracted driving only refers to a driver texting or talking on their cell phone. But if you do anything that takes your attention off the road while driving, you are driving distracted. Distracted driving can look like:
If you look at the statistics surrounding distracted driving, it’s easy to see how harmful it can be. Estimates show that there are nine people killed every day in the United States due to distracted driving, and about one in every four car accidents today involves cell phone usage. If you are traveling at 55 mph, and you take your eyes off the road for just 5 seconds to check your phone, you are traveling the length of a football field virtually blindfolded. According to the data from the CDC, you are about eight times more likely to get into a crash if you text while driving.
Probably the best way to prevent distracted driving is to become aware and knowledgeable of what distracted driving is. When you are behind the wheel, commit to driving, stay focused and avoid anything that can be a distraction. However, you can only control what you do; it’s impossible to control the actions of other drivers. If you are involved in a car accident caused by a negligent driver, you have options available that can help you in the aftermath.
]]>The fatal California car accident occurred on Interstate 15. According to authorities, a 32-year-old woman was south on the highway when a car traveling north struck her motor vehicle. The northbound automobile was reportedly traveling on the wrong side of the roadway.
The CHP reported that the second car kept going and crashed into a third vehicle. First responders freed the woman from the first car but pronounced her dead at the crash scene. Her female passenger and the male driver of the second car suffered serious injuries and were transported to a hospital.
The surviving family members of the deceased woman may file a wrongful death claim against the driver believed to have caused the crash. Likewise, the injured passenger may file a personal injury claim against him, seeking the reimbursement of monetary damages sustained because of the crash. If the man is convicted of any criminal charges regarding the fatal California accident, proof of the conviction may be presented in civil court to establish negligence per se. A successfully presented claim would likely lead to an award of monetary damages to cover their accident-related losses, such as medical expenses and funeral costs.
]]>The crash took place a little before 4 a.m. The California Highway Patrol reported that a pickup truck occupied by two men and a woman suddenly struck the median. The driver apparently overcorrected, causing the pickup to flip several times.
According to law enforcement authorities, the driver and a female passenger in the pickup were ejected. It appears they were not wearing seat belts and were killed. Another passenger, a 30-year-old man, was wearing a seat belt but also did not survive. He was found the CHP in the vehicle. Officials continue to investigate the collision’s cause.
This California crash appears to have been caused by driver negligence, though authorities were not immediately sure whether drugs or alcohol also played a part in the crash. Regardless, the surviving loved ones of the two deceased passengers may opt to file wrongful death claims, seeking the reimbursement of monetary damages sustained due to the collision. Even though the driver who caused the crash was killed, wrongful death claims may still be filed against the driver’s estate and anyone else with an ownership interest in the pickup.
Once liability is formally established, based upon a showing of negligence, a court will adjudicate claims for monetary damages. Plaintiffs who are successful in court typically receive monetary judgments to cover documented financial losses. A judgment may also help cover the loss of support for surviving dependents.
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