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ATV Accidents: An Everyday Occurrence

Atv Accidents Everyday Occurrence Defective Products

ATV Accidents: An Everyday Occurrence

All terrain vehicles (ATVs) are responsible for thousands of death every year – many of them children. So, why are ATVs so dangerous and what do you do when you have been involved in an accident?
ATVs Causing Serious Injuries
ATV accidents seem to be an everyday occurrence. Tune into any local news show and chances are you’ll hear about several ATV accidents that caused serious injury or death. For example, in the news this week:
A nine year old North Dakota boy was killed while riding his ATV.
A 13 year old California boy was killed when his ATV rolled over.
Two Kentucky men fell off their ATV when it rolled over. While the passenger fell off and wasn’t hurt, the driver wasn’t so lucky. He, and the ATV, rolled down a 200 foot hill and he had to be hospitalized.
Last week, two Ohio teens had to be air lifted to a local hospital after a serious ATV accident and another Ohio man was hospitalized in a different accident.
Why are they so dangerous?
Some ATVs, such as the Yamaha Rhino, have been responsible for a greater number of injuries and deaths than others. The Rhino, in particular, has been linked to a variety of injuries due to its high center of gravity and a very narrow wheel base and has a propensity to rollover – often crushing the driver or passengers’ limbs due to a lack of safety features such as doors or handles to keep occupants inside of the vehicle. While newer models now include doors, many older models without doors are still on the road causing injuries.
Are manufacturers adequately testing ATVs?
Many consumer advocate groups say no – which is why so many accidents are reported each year. ATV manufacturers are required to test their products to ensure that they are safe for consumer use before they are released into the marketplace to make sure that any foreseeable hazards are addressed beforehand. Unfortunately, very few regulations exist to compel ATV manufacturers to conduct adequate testing – something that many consumers simply assume has been done until a loved one is injured, or worse yet, killed in an ATV accident.
What to do after being in an ATV accident
After seeking the proper medical treatment, it’s important to contact a lawyer whose practice focuses in this area of the law to see what options are available to you in the way of compensation. Contacting a lawyer about your situation is free, without obligation and strictly confidential. In addition, most lawyers in these types of cases work on a contingency fee basis, which generally means that they don’t get paid unless you recover damages. The same is true for any upfront costs such as medical records, hiring experts and investigating the accident – most lawyers advance those costs for you.
If you’d like to speak with an experienced lawyer, please click here.

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I settled my injury lawsuit by agreeing to a structured settlement. My circumstances have changed and I need a lump sum of money. Can I trade my annuity in for a lump sum? If not, can I sell my annuity to someone else for cash? Are there any tax consequences? Do I need court approval to sell? How do I determine what it is worth — and get the best deal?

Selling Your Structured Settlements Structured Settlements

I settled my injury lawsuit by agreeing to a structured settlement. My circumstances have changed and I need a lump sum of money. Can I trade my annuity in for a lump sum? If not, can I sell my annuity to someone else for cash? Are there any tax consequences? Do I need court approval to sell? How do I determine what it is worth — and get the best deal?

One of the disadvantages to a structured settlement is that you cannot make any changes in the amount you receive or in your schedule of payments. That is why it is imperative when you agree to a structure, that you try your best to anticipate what your needs will be over the period you will be receiving the payments. You will not be able to “trade” your annuity back in to the life insurance company that holds it for a lump sum of cash.

Over the last twenty years or so, many companies, referred to as “factoring companies”, began to prey on people who were receiving annuity payments and in dire need of immediate cash. They advertised that they would purchase your structured settlement for an immediate sum of money. They buy and take over receipt of your payments for a far lesser amount than the gross proceeds you would get over time. Often, they would not tell you up front that the cash payment is at a substantial discount. These companies are, of course, in this business to make money.

Even with some changes in the law to protect consumers, you may lose money over time if you sell to them. If you must sell, talk to as many companies as you can and try to get the best possible deal. Keep in mind that factoring companies will pay you what they say is the present value of the money, not what the total will be over the life of the structure. You will need help from a financial advisor or accountant to put an objective present value on the structured settlement.

Factoring companies are conducting a legal business. There are certain legal procedures that must be followed when these transactions are completed. You should be aware that Congress enacted a law in 2002, applicable to the sale of structured settlements, which now makes such sales safer. You will not have to pay income taxes on the cash sum, which you receive when you sell your annuity. Should you reinvest that money, however, the dividends or interest would then be taxable. The 2002 law requires that sales, assignments, or transfers of structured settlements be approved by a state court, although it is up to each state to determine whether or not they want to follow all of the requirements. The law encourages states to evaluate whether the sale is in the best interests of the seller, taking into account the welfare and support of the seller’s dependents, and violates no federal or state law or court order.

Thirty-eight states, so far, require complete court approval of the sale of structured settlements in accordance with the federal law, and more are likely to sign on. In states that require a court order, if none is obtained, the federal law compels the entity purchasing the structured settlement to be charged an excise tax of up to 40% of the total payments being purchased, thus strongly encouraging them to comply with the law.

Here is an example of how one sale might work

David, injured in a motorcycle accident, has been receiving payments every month from a structured settlement funded by a life insurance company. He has been receiving $1200 a month for the past three years, tax-free ($43,200 so far), and will continue to do so for the next 17 years. The total amount of tax-free money he will receive from the structure will be $288,000.

David has decided he wants to buy a house now and he needs money for the down payment. He wants to sell his annuity to get the cash now instead of waiting many years. One company from which he obtained a quote on the Internet said they would buy the annuity for $59,500, because that is what they say is the present value of the money. A second company said they would give him $65,000, but when his attorney checked into it, the second company is charging $8,000 in fees up front that they did not tell him about. A third company said they would give him the present day value of the money, which they claim is $45,000. All three companies acknowledge that a court order is required in their state and will do the necessary filings.

David’s attorney wisely checked with a financial advisor and learned that the first company’s estimate of present day value is closest and is offering the best deal with no unreasonable fees. That is the one David will take. Once he gets his money, should he invest it on his own, he will now be liable for taxes on any dividends or interest the money earns.

Be sure to seek the advice of an attorney in your state before signing anything regarding the sale of your structured settlement or taking any payment from anyone. You want to make sure you are not agreeing to something that is not in your best interest. You also want to make sure everything is being done according to the law. You can have an attorney evaluate your situation free of charge by completing FreeAdvice’s case evaluation form. In addition, you may want to seek counsel from a CPA or financial advisor.

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Continue reading “I settled my injury lawsuit by agreeing to a structured settlement. My circumstances have changed and I need a lump sum of money. Can I trade my annuity in for a lump sum? If not, can I sell my annuity to someone else for cash? Are there any tax consequences? Do I need court approval to sell? How do I determine what it is worth — and get the best deal?”

My step-mom who is terminally ill had an accident. Her attorney says that she should take a lump sum settlement rather than a structured settlement because she needs the money now and won’t be here to receive the payments over several years. She wants me to get any remaining payments – not a lump sum after she’s gone because she is afraid i’ll blow it all if I get the full amount at one time. How should she work this out?

Structured Settlement Or Settlement Trust Structured Settlements

My step-mom who is terminally ill had an accident. Her attorney says that she should take a lump sum settlement rather than a structured settlement because she needs the money now and won’t be here to receive the payments over several years. She wants me to get any remaining payments – not a lump sum after she’s gone because she is afraid i’ll blow it all if I get the full amount at one time. How should she work this out?

She can go one of two ways here, one by way of a structured settlement and the other by way of a lump sum with a settlement trust.

1) Structured Settlement. She can agree to a structured settlement, which may provide a large sum up front to cover her bills, and then may provide periodic payments from an annuity purchased from a life insurance company to cover her ongoing expenses for a number of years or the balance of her life. Some structured settlements will allow any remaining sum to be paid via continuing periodic payments for a specified number of years to a beneficiary after the claimant has passed away. She would have to be very specific with what she wants and make sure the structured settlement is able to give that to her. Not all are set up that way.

(2) Lump Sum with Settlement Trust. The other option, if she decides to take a lump sum instead, is that she can set up what is called a settlement trust.

A trust is a legal entity regarding the ownership, use and distribution of property. To create a trust, the owner/grantor of the property, including money, transfers the property (trust corpus) to another person or company (trustee), who is responsible for maintaining and protecting the property on behalf of one or more persons (beneficiary)-even oneself. Trusts may be either revocable or irrevocable by the grantor. They may be created either during the grantor’s lifetime (intervivos) or by will following the grantor’s death (testamentary). There are many different kinds of trusts, one of which is a settlement trust.

Settlement trusts are instruments that are used in connection with personal injury settlements. They are usually formed during the life of the injured claimant or grantor, and are usually irrevocable, which means the grantor cannot change his or her mind once it is set up. Similar to structured settlement annuities, the purposes of settlement trusts include:

(1) Preventing the claimant/beneficiary from squandering settlement proceeds.

(2) Insuring that those settlement proceeds are used for their intended purposes.

(3) Providing funds in amounts and at times when needed.

Your step-mom can set up a settlement trust with herself as a beneficiary and you as a second beneficiary to receive payments after her death. For further specific information regarding settlement trusts, it would be wise for your step-mom to consult a trust attorney before making any decision. A trust attorney can give her precise information on the tax ramifications and other issues about which she may have questions.

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Continue reading “My step-mom who is terminally ill had an accident. Her attorney says that she should take a lump sum settlement rather than a structured settlement because she needs the money now and won’t be here to receive the payments over several years. She wants me to get any remaining payments – not a lump sum after she’s gone because she is afraid i’ll blow it all if I get the full amount at one time. How should she work this out?”

My husband and I were injured in a bus accident. My husband will be out of work for a year and my part-time income cannot support our family. Our attorney says a structured settlement will give us regular payments, but he never has put one together. He would hire an expert. Should we trust him? What kind of questions should I ask? Should I shop around?

Structured Settlements Should I Do It Structured Settlements

My husband and I were injured in a bus accident. My husband will be out of work for a year and my part-time income cannot support our family. Our attorney says a structured settlement will give us regular payments, but he never has put one together. He would hire an expert. Should we trust him? What kind of questions should I ask? Should I shop around?

It is always better to have an attorney who is experienced rather than a novice for most purposes. You don’t want to pay your attorney for the time he will be learning what he has to know to help you. That is not to say, however, that your attorney can’t become educated in the process by engaging an expert. (Perhaps you can negotiate a lower fee with him because of his limited knowledge and simply rely on an expert to get a good portion of the information you need on this one issue.) You will have to ask the right questions to make sure you know all you need to know before settling on a structure. Without an experienced attorney, however, you are taking somewhat of a risk that you will not be getting all of the information you need to make an educated decision.

Most structured settlement experts are brokers, so do be careful. They know their “stuff,” but they are trying to sell a structured settlement to the defendant’s insurance adjuster to get the claim settled. Comparison-shopping is not a bad idea under the circumstances, especially if your attorney cannot tell you if what is being presented is a good deal or not for you and your husband. Some brokers represent just one insurance company that underwrites annuities for structured settlements, and some represent a number of companies, just like some mortgage or insurance brokers, so ask questions about their representation. Sometimes insurance companies only use one broker, but you can still shop around for information. There are “plaintiff brokers” but you would have to pay for their service.

Make sure the broker comes up with several different scenarios and payment schedules so you can see what all of your options are. If you talk to more than one broker, compare the information you’ve been given and ask lots of questions if you do not understand what you are looking at. You should be able to compare the payment schedules and the bottom line-how much you are guaranteed to get and over what period of time. Ask questions about the investment:

(1) Are they or are they not government insured in case of insolvency.

(2) What happens if you should die before all of the funds are paid out?

(3) Will the money go to your husband’s designated beneficiary(ies) or does the structure end upon his death?

(4) Will the structure give your husband monthly payments for the rest of his life or is there a set time limit?

These are important questions and you will want to know the answers before you make a choice.

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Continue reading “My husband and I were injured in a bus accident. My husband will be out of work for a year and my part-time income cannot support our family. Our attorney says a structured settlement will give us regular payments, but he never has put one together. He would hire an expert. Should we trust him? What kind of questions should I ask? Should I shop around?”

My six-year old son was hit by a car and will be disabled for the foreseeable future with ongoing medical and hospital costs. My husband says that the court will probably require us to do a structured settlement. What does this mean and why would the court require us rather than take a lump sum and investing it ourselves?

Minors Structured Settlements Structured Settlements

My six-year old son was hit by a car and will be disabled for the foreseeable future with ongoing medical and hospital costs. My husband says that the court will probably require us to do a structured settlement. What does this mean and why would the court require us rather than take a lump sum and investing it ourselves?

When a minor is involved in a lawsuit as an injured claimant, our courts become very protective of their interests, and rightly so. The settlement of children’s claims must be given court approval in a proceeding called a court confirmation, guardianship, minor’s compromise or, simply, a court approval. The court has some general concerns:

(1)That the child be awarded the compensation he is due.

(2) That the money be wisely invested so it will grow over time.

(3) That the parents or others not take, invest, and use the money for their own benefit.

(4) That the child not have total access to all of the money at once for fear of losing it or spending it all.

Structured settlements reduce the risk that anyone will embezzle, misuse, or withhold large sums of money belonging to the injured claimant. Under the laws of virtually all states now, you may not take the funds from a large settlement (usually over $5,000) on behalf of your minor child and invest it yourself.

Typically, a portion of the money is set aside in a blocked bank account (which means an account only accessible by the parent or guardian usually by court order). The account is earmarked to pay current medical and other bills, which have been incurred as a result of the accident or may be incurred in the future. The remainder is used to set up the structured portion of the settlement, which will make a series of payments to your child beginning at the age of 18, for either a set number of years or for life.

An injured child’s settlement money used to be completely placed into a blocked account for safety, but such an account pays very little interest, and taxes must be paid on that interest. A structured settlement uses an annuity or a treasury bond to grow the money, to keep it away from the parents, and to keep its proceeds exempt from income tax. It can be set up in any way that makes sense for your individual child.

Example

Suppose the insurance company agreed to settle your son’s case with a structured settlement, by purchasing an annuity for $30,000, plus a lump sum up front to cover the current attorney fees and medical bills, and a lump sum for future medical bills. The lump sum would go into a blocked account. The $30,000 could be used to purchase a structured settlement annuity from a life insurance company.

Over several years or even over his lifetime should it be designed that way, you’re child will receive in excess of $175,000 tax-free income (assuming a 7% rate of return on the annuity). Since there will be future medical bills, those can either be paid out of the lump sum to go into the blocked account as indicated above, or figured into the annuity to be paid early (i.e. before age 18). Here is how it might look. Note that these are purely fictitious figures and are an example only. This in no way implies that you or your child would receive this amount of money from any specific settlement agreement.

Now:

(1) $25,000 to blocked account for attorney fees;

(2) $5,000 to blocked account for medical providers;

(3) $15,000 to blocked account for future medical bills;

(4) $30,000 to purchase a 7-year annuity for structured settlement

Payments from annuity begin at:

Age 18: $25,000 for freshman year of college, tuition and supplies/ plus $300 per month for expenses for the year = $28,600;

Age 19: same for sophomore year;

Age 20: same for junior year;

Age 21: same for senior year;

Age 22-25: Monthly payments of $2,000

Total money received: Lump Sum up front – $45,000

Structured Settlement over time – $186,400

There are many different ways of designing it. You will want to discuss this with your attorney and a structured settlement broker to find what will work best for your son. You may just want to have monthly payments and no tuition payments. Just keep in mind, that once it is set up with scheduled payments, neither the schedule nor the amounts can be changed. You must anticipate what your child’s needs will be in the future.

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Continue reading “My six-year old son was hit by a car and will be disabled for the foreseeable future with ongoing medical and hospital costs. My husband says that the court will probably require us to do a structured settlement. What does this mean and why would the court require us rather than take a lump sum and investing it ourselves?”

Structured Settlements

Car Accident Structured Settlements Auto

Free Case Evaluation From An Experienced Auto Accident Attorney.

Structured Settlements

A structured settlement is an agreement to pay out money owed from the settlement of a lawsuit in installments rather than one lump sum. Structured settlements usually involve large settlements and are typically created through the purchase of one or more annuities. The payments can be structured in any way the parties choose (monthly, yearly, quarterly, etc.). If you are involved in a car accident and are entitled to a large recovery, you might consider a structured settlement as the vehicle for payment. Structured settlements are also commonly used in workers’ compensation claims.
Structured Settlement Advantages
Why take a settlement in payments rather than one lump sum? There are several advantages to structured settlements. First, there are tax advantages. If properly set up, a structured settlement can reduce your tax liability or, in some cases, come tax-free. Second, receiving a settlement over time can ensure that the money you need will be there when you need it. Receiving one lump sum up front creates the risk of spending it all too quickly, leaving nothing left for a time when you may really need it for further treatment or to purchase new medical equipment. A structured settlement ensures you will not spend it all at once.
Structured Settlement Disadvantages
While some people may find it helpful to have the money metered out over time rather than risk spending the whole amount too quickly, others may feel overly burdened by the periodic payments that leave little room for flexible spending. Still others may find that taking the money up-front and investing it themselves will yield higher long-term returns over the annuities used in a structured settlement. Once in a structured settlement, some people opt to sell their settlement for a lump sum. There are many potential settlement buyers out there. If you have a structured settlement, you may have already been approached by a potential purchaser. There are a number of important things to know before considering the sale of a settlement.
Selling Your Structured Settlement
The sale of a structured settlement is not quite as easy as it may seem. First, you must check your state’s laws. As of March 2006, forty-four states and the federal government now have enacted structured settlement protection laws that require court approval for the sale and detailed financial and legal disclosures be given the seller before the transaction can be made. Under federal law, the purchaser of a structured settlement may be subject to a 40% excise tax if they did not comply with state laws. These laws are in place to protect structured settlement owners from fraud or abuse and are designed to make sure a settlement owner gets a fair price. The following states have enacted structured settlement protection laws: Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Jersey
New Mexico
New York
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
West Virginia
Wyoming

For more information about structured settlement, check out Free Advice’s Structured Settlement FAQs.

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Can I recover trade secret status if the trade secret information is made public?

Trade Secret Status Trade Secrets Intellectual Property

Can I recover trade secret status if the trade secret information is made public?

The practical answer is akin to the myth of Pandora’s box: once its opened it’s nearly impossible to cram everything back in. From a legal standpoint, it is possible in certain situations to restore trade secret rights after improper disclosure. Doing so depends on the extent of the disclosure (the broader, the harder) and whether the recipients of the information acted improperly in using or disclosing the trade secrets.

Someone is deemed to have acted improperly if s/he knew or had reason to know that the subject information belonged to another and was acquired by:

(1) improper means such as theft, bribery, breach of a duty or inducement of a breach of duty of confidentiality, or espionage through electronic means;

(2) actions giving rise to a duty to maintain the secrecy or limit its use;

(3) receipt from a person who owed a duty of confidentiality to the subject information; or

(4) accident or mistake.

Thus, if someone innocently receives trade secret rights, it will be very difficult to enjoin them from use or further disclosure of the trade secrets.

Post-Traumatic Stress Disorder: Conditions & Common Causes

Post Traumatic Stress Injury Law

Post-Traumatic Stress Disorder: Conditions & Common Causes

Post-Traumatic Stress Disorder (PTSD) is a psychiatric illness with serious symptoms, including nightmares, flashbacks, and damaged relationships. Many situations can trigger PTSD, but what sufferers have in common is that they’ve survived a disturbing or life-threatening experience. People with PTSD can more easily recover if they receive medical treatment. In any year, more than five million Americans have PTSD.
What conditions can arise from PTSD?
PTSD symptoms include anxiety, depression, substance abuse, flashbacks (experiencing the event again without wanting to), nightmares and other problems sleeping, avoiding people, places, or things that remind you of the event, difficulty trusting in other people, self-blame, sudden anger, jumpy reactions to loud noises or other surprises, and guilt toward people who survived the event. The wide range of symptoms makes it especially important to get a correct diagnosis from a doctor.
While many people experience trauma immediately after an event, other people do not. It may take months or years for PTSD symptoms to show up, and sometimes the reactions are subtle. Watch how you react to triggers. Triggers can be anything that reminds you of the trauma, including places, noises, certain smells, certain activities, and even the date on the calendar. Once you’ve figured out the triggers, your reactions become more predictable and more easily treated.
What are the common causes of PTSD?
The classic picture of a PTSD patient is a Vietnam veteran who suffers from flashbacks and nightmares about the wartime trauma. But PTSD is not restricted to war or to men. It can stem from a wide variety of terrifying experiences, including rape and sexual assault, domestic violence, natural disasters such as a tornado or hurricanes, floods, man-made disasters such as 9/11, street crime, plane crashes, and auto accidents or workplace allegations of sexual harassment or discrimination. The event commonly triggers feelings of helplessness, horror, or intense fear in the victim. If someone else is responsible for the traumatic event, you may be entitled to compensation for your suffering. You can visit the Free Advice Pain and Suffering FAQs for information about compensation for mental injury awards. A personal injury attorney can give advice for your specific case.
If you’d like to have a free case assessment by an experienced lawyer, you can fill out the case evaluation form provided by Free Advice.

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Florida Dog Bite Injuries

Florida Dog Bite Injury Law

Florida Dog Bite Injuries

“Full Transcript: Free Advice Interview with Personal Injury Attorney Jason Turchin
The following is a transcript of an interview with Florida personal injury and dog bite lawyer, Jason Turchin, conducted on February 9, 2007. Mr. Turchin is currently an associate with Bernstein & Maryanoff, a
law firm with over 20 years experience handling injury and wrongful death cases throughout the
state of Florida. Mr. Turchin specializes in crime victims’ rights, car accident cases, personal
injury cases, and wrongful death cases, settling over 1,000 cases involving big insurance
companies. In this interview, he discusses the laws pertaining to dog bite liability in the state
of Florida, liability and comparative negligence in dog bite cases, and what dog owners can do to
decrease their risk for dog bite liability.

Free Advice: What are Florida’s laws on dog bites?
Jason Turchin: Florida has a statute on dog bites and there are also different
ordinances in cities, towns, and counties. Unlike a lot of other states, we don’t have a one-bite
rule. Just because your dog’s never bitten anybody before does not mean that you’re not
responsible for the injuries caused by the dog once they do. We have essentially strict
liability against dog owners. A dog owner is strictly liable for any of the injuries or death
caused by their dog to somebody else.
There are some exceptions, but for the most part strict liability [is the rule]. There are two
ways in which a dog owner could be found not strictly liable. First, any damage caused by the dog
is going to be reduced by the victim’s own negligence. If the victim antagonized the dog and the
dog, for whatever reason, bit that person, a jury can apportion a percentage of fault to the
victim. So if they say the victim is 50% responsible and the dog the other 50% and the jury awards
$10,000 to the victim, the dog owner is only responsible for 50% of that judgment [or $5,000].
The other way that a dog owner can protect themselves from liability is by actually posting a
sign that says “bad dog.” If they display the words “bad dog” then for the most part the owner’s
not going to be liable unless they were independently negligent in causing the injury.
Free Advice: What damages are included in a Florida dog bite case?
Jason Turchin: Generally there are compensatory damages with economic and non-
economic damages. Economic damages are calculable damages like lost wages, co-payments, medical
expenses, future and past medical expenses, potential future lost wages, past lost wages, anything
we can actually calculate. There are also non-economic damages like pain and suffering and mental
anguish that the victim of the dog bite had incurred.
Free Advice: Do you have any examples of Florida dog bite cases that you’ve been
involved in?
Jason Turchin: You hear a lot of jokes about mailmen who are chased by dogs all
the time when they’re going door to door and delivering mail. Well, if a mail person goes to the
door and delivers mail and your dog goes out and bites the mail person, you are strictly liable
for everything that happened and any of the injuries that arose as a result of the dog bite.
Another example is a cable person or a phone person going in your back yard. If you don’t have any
signs posted that say “bad dog” and the person goes in the back yard to check the cables and your
dog bites them, you’re strictly liable.
Let’s say you have a party at your house and your dog’s just hanging out and smelling everybody
and enjoying the company. If, for whatever reason, the dog gets spooked and bites somebody, you’re
strictly liable for all the injuries and damages as a result of the dog bite.
Free Advice: Is there anything special that’s needed to prove a Florida dog bite
lawsuit?
Jason Turchin: Nothing really special or nothing totally different than most
other types of injury cases. However, you do have to prove that the dog was actually owned by the
person you’re pursuing the case against, and that that dog bit you and that you were injured as a
result of that. It is strict liability for the most part. The burden really shifts to the dog
owner to prove that you were comparatively at fault or that they had a ‘bad dog’ sign posted, in
which case they could raise some defenses to the case. But, for the most part it is strict
liability.
Free Advice: What does Florida law say about when a person is warned not to pet the
dog, does, and then is bitten?
Jason Turchin: The dog owner is still responsible for the injuries. However, the
amount for which they will be found liable is going to be put against the comparative fault of the
person who didn’t listen. It’s certainly a good idea that if you know your dog is dangerous, or
even just to protect yourself, if somebody goes to pet the dog and you say, “Be careful. My dog
may bite you.” If the person still goes ahead and pets the dog and they’re bitten, you can bring
that in front of a jury and say, “Look, I warned him.” Really, the person who was injured assumed
the risk of petting the dog and there’s nothing else that you could have done to change that. It
becomes a jury question and whether a jury believes you, whether they feel some kind of compassion
for the person who was injured, or whether they believe that the person who was injured assumed
the entire risk and you as a dog owner shouldn’t be responsible is up to them. It does generally
go to a jury to decide who they’re going to believe and what percentage of fault they’re going to
portion to each person.
Free Advice: Any other advice on what the dog owner can do to decrease their liability?
Jason Turchin: Post a sign that says “bad dog” and, if you know that your dog is
dangerous, warn people. Or, even just take precautions and tell people to be careful when they’re
around your dog. If you know that your dog jumps, make sure that you warn people who want to pet
the dog that your dog may jump on them or bite them. There’s nothing that you can do absolutely to
protect yourself, but you can certainly take some measures to at least reduce the risk.

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Continue reading “Florida Dog Bite Injuries”

Harley Davidson “Wobble” Lawsuits Are Expert Intensive

Harley Wobble Lawsuits Expert Intensive Defective Products

Harley Davidson “Wobble” Lawsuits Are Expert Intensive

Lawsuits dealing with the Harley Davidson “wobble” – a condition that causes the rear of a motorcycle to sway or wobble – can require the use of various types of experts due to the complexity of the issue. We asked
Kevin Liebeck, a California attorney whose practice represents plaintiffs in personal injury, medical malpractice and products liability actions, to explain the issue and provide examples of the types of experts that might be needed.
Harley wobble / death wobble / rear steer
These are all phrases that are being used to describe the problem with some Harley Davidson motorcycles. Liebeck says that the issue is basically a problem in the manner in which the engine is mounted into the frame and is constrained within the frame from motion. He explained, “The reason this presents a problem is because the swing arm, the rear suspension member of the motorcycle which is the pivot point, is mounted to the aft end of the transmission on these Harley-Davidson motorcycles. If the engine is not constrained in all three axles, you can develop an elastic relationship between the swing arm and the frame of the motorcycle.”
A recipe for disaster
There are other variables that can exacerbate the Harley wobble. Liebeck told us, “We’ve seen instances of the cruise controls on these bikes sticking. That’s a big problem. In addition, a lot of these motorcycles have saddlebags and touring packs, which are similar to a three piece luggage set. One sits over the rear wheel and then there is a bag on either side of the bike. They’re made for those who are driving long distances and these bags are often packed full. The weight of the bags in relation to the wobble issue can be a recipe for disaster.”
Why experts are needed
These types of cases are very, very expert intensive, according to Liebeck. He provided examples of the types of experts that might be needed and why:
Engineers. We’ll generally need one or more engineering experts that are able to testify as to the design, the problems with the design and why it is that these situations occur.
Civil engineers. We may need a civil engineering or road expert of some sort, depending on where the situation occurred and under what circumstances, to tell us whether or not some problem with the road played any part in the accident. I would actually use the term ‘incident’ instead of ‘accident’ as the latter suggests that nobody could have seen this coming – which is not the case here.
Private investigators. We may need to hire a private investigator to track down people who may have been witnesses to the incident.
Physicians. We are going to need physicians as experts who are able to testify as to exactly what physical injuries a person has sustained, what the prognosis of those injuries are and what future surgeries or other treatments may be necessary.
Life care planners. We’re going to need a life care planner who is able to determine what the cost of all that future medical care is going to be.
Economists. We’re probably going to need an economist who’s going to be able to offer an opinion of what kind of past and future wage loss this person has sustained.
Employment experts. We may also need an expert on employment issues, i.e., what sort of retraining this person might be qualified to receive if they’ve been rendered unable to do their job as a result of the incident.
It’s not a simple task, according to Liebeck, who said, “You really have to be able to marshal a whole lot of evidence to put this thing together, position the claim correctly and get all the evidence you need to prove your case.”
If you’ve been injured on a Harley Davidson motorcycle, contact an motorcycle accident attorney whose practice focuses in this area of the law. Consultations are free, without obligation and are strictly confidential.

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