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Personal Injury Blog

Do Dog Walkers Have Liability For Dog Bites?

Thursday, October 11, 2018

Dog Bite Injuries

When it comes to dog bite injuries, most worry about negligent owners with their poorly monitored dogs or even stray dogs doing the biting. However, while both situations can result in dog bites, there is a situation that can be even more common – a dog bite in the care of a dog walker. If your occasionally aggressive dog is inside your home, they are at a much lower risk for having a dog bite incident, obviously. However, that risk goes up exponentially if you have a dog walker take them out for some exercise. Not only is the dog walker at potential risk for getting bit, but anyone else is as well. However, who holds the liability in a dog bite incident when they were with a dog walker?

Dog Walkers and Dog Bites

When it comes to dog bites and dog walkers, typically the dog walker will not have any liability in these incidents. Whether you are using a legitimate dog walker or just a neighborhood kid, the blame will almost always come back to you, the owner. You may note that when choosing a legitimate dog walking service, you will have to sign certain liability forms.

These forms will state that the dog walker and the dog walking service will hold no liability in the event of a dog attack. Typically there are certain clauses within this form to protect the owner as well. For example, if the dog walker specifically antagonized the dog so that it did attack the walker or another person, they can still be held liable for that negligent action instead of the blame still going to the owner.

Insurance

While having insurance to protect the company and walker is recommended for all dog walkers, if you choose to have your pooch walked by a small company, they may not have insurance to cover them.  In this case, the person who is walking the dog may be held liable for its actions under a keeper or harborer clause. Under this clause, it states that if the dog is under the care of another – their keeper - then that keeper is liable for the dog's action, not the owner. This law is frequently used in dog sitting incidents, but it can be applicable to dog walkers as well if they are not covered by insurance.

If you have an aggressive dog, it may be best to not use a dog walker just to avoid any potential incidents. However, the fact remains that dogs need exercise and sometimes an aggressive dog is just an overly bored dog that needs more fitness. If you have a dog that you think might bite, it is best to notify the dog walker beforehand. In this regard, they can take the proper preventative measures. This might mean your dog walking service won't agree to walk your dog, which is within their right. However, more likely, it means that the dog walker will be more aware of your dog's behavior or need to walk them with a muzzle on. Either way, having a dog walker know that your dog might be aggressive is the first and most effective step to preventing dog bite accidents.

If you have been bitten by a dog, contact us today. The Law Office of Freeman and Freeman is dedicated to helping make sure that victims get the justice they deserve. Dog bites can be both horrific and traumatic injuries and they deserve compensation so you don't end up paying hundreds of dollars in medical bills that were not your fault, but the fault of a negligent individual who didn't know they had an aggressive dog that was prone to biting.

Can You Seek Compensation For Burns From Laser Hair Removal?

Thursday, October 04, 2018

When it comes to excess hair, some may be able to get by with shaving or waxing it away, but others choose to undergo a cosmetic procedure known as laser hair removal. In this procedure, a technician will use a special laser that is designed to heat hair follicles to remove hair. While the results are temporary, it removes unwanted hair longer than other alternatives. Unfortunately, where there is heat, there is always the potential for burns if enough care is not given.

Laser Hair Removal

The issue with this procedure is often the equipment used. These days, the use of an Intense Pulsed Light machine is becoming more common in laser hair removal facilities and spas. It creates heat faster, and thus gets the job done faster. However, it also creates the opportunity for burns as well because it heats up faster. This means if not enough care is given, it can cause pain and scarring from burns.

Those who go for laser hair removal can put themselves at risk for second or even third-degree burns. Second-degree burns result in the blistering of the skin as well as redness and soreness. Sometimes first-time patrons can think this is just part of the procedure, but it isn't. When it takes two to three weeks for second-degree burns to go away, that definitely isn't normal and you shouldn't just "live with it."

Of course, far worse are third-degree burns that penetrate all layers of the skin. You can find yourself with nerve damage, impacted blood flow, infection, and not to mention the charred or leathery appearance of the affected skin that often results in scarring. For the most serious third degree burns, you may even need a skin graft to heal the damage.

Safe Hair Removal

Fortunately, very serious burns from laser hair removal are not common, but minor burns can be. It is all about how the laser is used and how much care is given when it is. If you have been injured during a laser hair removal, in most cases, injuries result from the lack of care given by the technician. It is the technician's job to make sure that the hair is not only removed, but it is done in a safe way without injury.

Often for those who suffered burns from this sort of cosmetic procedure, they discover that the technician was not following the proper procedure, which was designed in order to prevent injury. If this is the case then they or their employer can be on the hook for any damages. However, in some cases, a machine malfunction may be responsible. In these cases, you will be able to go after the manufacturer as well as possibly the technician because they did not see the malfunction and thus did not stop it before it caused damage.

Do I Have a Case?

In cosmetic burn cases, you can recover compensation for the cost of your medical bills, rehabilitation, and emotional distress caused by the scars or pain. However, because there is often a lag between the treatment and any legal action, it is best to photograph the injuries as they happen and heal as evidence for your case. There is nothing that sways opinion better than being able to see the pain you had to endure.

If you have been burnt, whether it be from a cosmetic procedure or from any other accident, contact us today. Burns are some of the most painful injuries that you can endure, and you should not be stuck with the medical bills for it. Let us help you get the compensation you deserve so you can focus on healing instead of how you are going to pay for the healing.

What to Do When a Truck's Cargo Caused the Accident

Thursday, September 20, 2018

Los Angeles truck accident lawyers

When we think of trucking accidents, we think of the pure negligence of just two parties. Either the driver did something wrong or the truck driver did something wrong. In many cases, negligence can fall to another party when it comes to the maintenance of the truck, but rarely do people in trucking accidents find anything else to blame outside of these two aspects. However, it can be common that not the truck, truck driver, or other driver is responsible. Sometimes, just the cargo of a truck is responsible for causing a terrible accident.

Trucking Cargo

The major benefit of using trucks to haul essentially anything is that it can haul several tons of equipment or freight fairly quickly. While the trucks themselves weigh a sizable amount, most of their weight comes from the freight they are hauling. This is why it is crucial that whatever is being hauled is strapped down appropriately and does not shift. If all this weight was to shift suddenly to one side, it can cause the truck to actually flip over. Alternatively, if it hits the doors hard enough, the freight can come spilling out the back and cause accidents as well.

Accidents with Trucks

So what happens when the cargo of a truck is responsible for the truck accident as well as any damages to other vehicles or pedestrians? The answer can differ depending on different factors. In some cases, truckers pick up cargo from sources and don't even really get a chance to glance at what they are carrying. Alternatively, they do have a responsibility to assure that everything is strapped down properly and of a safe weight to carry along the roads.

Who's at Fault?

When determining fault in a trucking accident caused by the cargo, it is important to know the specifics of the accident in order to determine and assign fault. In some cases, if the driver was weaving their truck through traffic, they could be the cause of the accident even if the place they picked up their cargo was responsible for strapping it down. If a trucker's actions were reckless, they contributed to the accident just as much as improperly securing the cargo did.

What to Do

In most cases of these accidents, however, you will be able to seek compensation for your damages in the accident from the trucking company. Even if the driver was responsible, they are often covered by their employer as an employee. So most often, you will want to pursue compensation from the trucking company and their insurance. While in a perfect world, if you were simply driving and had no part in the accident other than being injured or having your vehicle damaged, you should be able to get compensation for that no problem. Except, the world isn't perfect and the insurance of the trucking company will try to fight to give you the compensation you require. They can try to argue that you had some fault in the accident, but in most cases, they are just trying to cut costs.

It is due to the difficult nature of any accident lawsuit and because blame can be difficult to place in terms of cargo that you will want to consult an accident attorney. After the accidents, depending on the specific aspects of your accident, they can help you decide who to pursue compensation from and help you weather the inevitable fight for it. If you have been in a trucking accident, contact us today to see what we can do to help you. Let us go over your accident case and plot the best course of action, including how much compensation the damages that you suffered during it deserve.

Personal Injury: Watch What You Say on Social Media

Thursday, September 13, 2018

If you're involved in a personal injury case, then you already know you have to be careful with what you say, and what you do. However, in the age of social media, it's more important than ever for you to be careful with what information you let slip out into the world. Because all it takes is a photo, a status, or a few errant comments to do serious damage to your personal injury case... especially if the other side gets hold of that information, and brings it up in court.

The Possibility Of Harming Your Case

As soon as you bring a personal injury case, the other side is going to look for holes in your argument. Even if you have been injured, and that injury is affecting your life in meaningful ways, they will still look for mitigating circumstances to avoid either responsibility or to argue that your injuries aren't as bad as you make them out to be.

As Gordon and Gibson point out, social media provides people with a window into your life. As such, any errant comments you make, or pictures you're tagged in, could be dragged into the case. As an example, say your back has been injured, and that's the subject of your case. If you post about helping a friend move, that could be used to call your injuries into question. Now, you might have a reasonable explanation (you just wrapped plates, and did no heavy lifting, for example), but that can still cast aspersions on your claims. And there's no reason to make the case tougher than it already is.

Anything you say on social media might be taken out of context. If you meant a statement as a general regret that you were in an accident, the other side might claim it's an admission of fault. If your mother makes comments about your case out of frustration on your behalf, then you might find your confidentiality in tatters if you shared case details with her. Even if you're just too active on the Internet, and you seem "too normal" that could be used to back a claim that your injuries are not as bad as you claim they are.

How Do You Avoid All This?

So how do you maintain your privacy in such a connected, technological world? Well, the most important thing for you to do is to take a deep breath, step back from your regular social media activity for a moment, and ask yourself if what you're about to say, do, or post could be taken out of context by the other side of your case. Then ask how someone who doesn't know you might see the comments you're making, or the activities you're part of. Because you won't be pleading your case to friends and family, but to a judge, and possibly to a jury.

Most of the time that means you won't be doing a lot of posting on social media. At least not until after your claim is resolved. You should be suspicious of friend requests from people you don't know, and you should keep as much information about what's going on between yourself and your lawyer as possible. You don't have to go completely dark, but you do need to think carefully about what you're putting on Twitter, Facebook, or your other social media pages. Because the last thing you want to see when your case is being decided is the opposition bring up something you said in innocence, and to use your own words to try to discredit the very real injuries you've sustained.

For more advice on how you can avoid jeopardizing your personal injury case, simply contact us today!


Can You Make A Personal Injury Claim After a Hit and Run Accident?

Thursday, September 06, 2018


Hit and Run

In a perfect world, if you were struck by a car, whether you were a pedestrian or in a vehicle yourself, the other driver would stop and at least check if you are okay before exchanging information. However, the world is not perfect. Sometimes people get into accidents, panic, and then drive off never to be seen again. Where does that leave you, the victim of a hit and run? If we are honest, it often leaves you with a lot of medical bills and not a lot of clear options on how to handle them without using your own savings.

Personal Injury Claim

Typically when you are hit in an accident, you will file a personal injury claim with the person at fault and their insurance. However, in a hit and run accident, that other person is nowhere to be found. Do you have any options available to you?

Yes! What many forget about is that their own auto insurance coverage has coverage for uninsured drivers. This coverage also covers drivers who are nowhere to be found. As lawyers, we always encourage others to have reasonable uninsured driver coverage for this very reason, but even a small policy is better than no policy. Regardless, the fact that your own insurance can cover your medical bills is good news, but the more you get into it, the less good it gets.

Auto Insurance

The major issue is that an insurance company is an insurance company, be it your own or someone else's. A claims adjuster's job is trying to cut costs by denying claims or otherwise finding loopholes to limit your amount of coverage. Considering in this situation you are using an insurance policy that you pay for, it can be infuriating to have your claim denied or otherwise limited. All that money you paid them and they suddenly don't come through when you actually need it? Inconceivable, but likely to happen whether we like it or not.

It is for this reason that you still need the aid of a personal injury attorney when making a claim to your own insurance after an accident. You want to trust that they will treat you with the respect that a paying customer deserves, but it is not so. Your personal injury attorney can make sure that after a hit and run accident, your insurance company doesn't try to run away with the coverage you need.

Once you have made a claim to your insurance after a hit and run accident, the process is very similar to the process in which there is an identified other driver involved. Your medical records are gathered, your lost wages are calculated, pain and suffering is determined and then the amount is sent to your insurance company. Unfortunately, it is unlikely they will just decide to pay it without question. Instead, negotiations will begin between the insurance company and your lawyer. It is important that you and your legal counsel fight for an offering of a satisfactory amount and not just take the first counter offer that they present. Your lawyer doesn't inflate their calculations. The amount you asked for is money you lost, save for pain and suffering which should be the only amount that you allow to be lowered.

We Can Help

If you have been in a hit and run accident only to be left injured and confused about how you will cover your injuries financially, contact us today. The Law Office of Freeman and Freeman is dedicated to representing any injured party in their quest to get coverage for their medical bills. Let us help you get the compensation you deserve for injuries that weren't your fault.



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From our offices in Woodland Hills, California, Freeman & Freeman, LLP, provides legal advice and representation for clients in communities throughout the state, including those in Burbank, Glendale, Encino, Sherman Oaks, Van Nuys, Tarzana, Santa Clarita, Agoura Hills, Reseda, Canoga Park, Chatsworth, Northridge, Granada Hills, Pacoima, Panorama City, North Hollywood, Thousand Oaks, Simi Valley, Lancaster, Palmdale and Alhambra.