Tag: example

Since mold has been on the planet forever, why the sudden surge in mold claims in the past few years?

Mold Lawsuit Claims Injury Law

Since mold has been on the planet forever, why the sudden surge in mold claims in the past few years?

Some of the obvious reasons:

(1) New building materials. In response to the energy crisis of the 1970s, there was a rise in the use of paper products in construction, and some are more susceptible to mold growth. For example, wallboard is commonly used for interior walls and its paper backing provides an excellent Petri dish for mold growth.

(2) Changes in way homes, buildings, and workplaces are designed and built. After the 1970’s energy crisis, new construction was built “air tight” to improve energy efficiency. Sealed buildings and central heating and air conditioning systems reduce ventilation and encourage mold growth.

(3) Lousy construction practices: Many homes and buildings with the construction boom were built by less experienced contractors entering the industry.

(4) Media coverage: Heavily publicized cases by celebrities such as talk-show sidekick and veteran television pitchman Ed McMahon and environmental crusader Erin Brockovich have raised public consciousness of the problem, especially after being awarded large insurance settlements. So after a surfeit of reports raising the alarm, public thinks “mold” when health concerns arise in a house or building.

(5) More sophisticated medical diagnostics: as medical technology has increased, so have links of aggravating asthma to mold infestation.

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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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What types of structured settlements are available and what are the differences?

Types Of Structured Settlements Structured Settlements

What types of structured settlements are available and what are the differences?

Life with Period Certain or Life Annuity

Another type of annuity is referred to as either Life with Period Certain or simply a Life Annuity. These are paid in periodic payments for a guaranteed number of years or for life, whichever is up first. The number of years is based on your life expectancy. This works the same way with regard to your beneficiary who will be paid for the remaining guaranteed number of years should you pass away prior to the designated number of years.

Temporary Life Annuity

A Temporary Life annuity pays you periodically for a designated number of years if you are still living. There is no provision for a beneficiary to receive funds after you are gone. In other words, your annuity ends when you die should you pass away before the selected number of years.

Lump Sum/Life Contingent Lump Sum Annuity

It is possible to set up an annuity with a lump sum payment for a future date. (Lump Sum) You can set it up to receive the sum, for example, ten years into the future. Should you not survive, your beneficiary would receive the lump sum on that future date. Alternatively, the annuity can pay a lump sum with the provision that you are alive on the due date. Then there is no payment to any beneficiary. This is called a Life Contingent Lump Sum.

Life Only/Joint Survivor Annuity

There are also Life Only annuities that pay monthly payments for life with no beneficiary provision. A Joint & Survivor annuity will pay you monthly payments for life, and, if your beneficiary survives you, he or she will be paid monthly payments for the balance of his or her life when you are gone.

Most of these annuities can be designed to suit your needs in terms of how often the payments are made, whether or not you get an up-front lump sum before the periodic payments begin, whether or not your attorney is paid in periodic payments or in a lump sum, etc. Make sure you ask lots of questions and get all of the information from your attorney prior to agreeing to accept a particular structure. If you would like an experienced injury lawyer to review your case, fill out our case evaluation form and an attorney will contact you for a no-cost, no obligation evaluation.

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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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My personal injury attorney is encouraging me to take a structured settlement rather than a lump sum for a permanent injury. What is a structured settlement and why might it be better for me than a lump sum payment?

Structured Settlements Vs Lump Sum Payments Structured Settlements

My personal injury attorney is encouraging me to take a structured settlement rather than a lump sum for a permanent injury. What is a structured settlement and why might it be better for me than a lump sum payment?

Most minor to moderate injury cases are settled with a lump sum payment to the injured party. More serious injuries, however, including those that require future treatment, or those resulting in permanent disability, are often settled with what is referred to as a “structured settlement”. You do have a choice. A structured settlement is a tool that is used to compensate the injured person with a moderate to large amount of money by way of payments over a long period of time rather than one large payment all at once. More and more claimants are choosing structured settlements.

Popularity of Structured Settlements

Tax Free Income

Most structured settlements come in the form of an annuity, which is sold by a third party, often, a life insurance company. Sometimes they are invested in U.S. Treasury Securities. Annuities (and treasury securities) grow the money, but are completely tax-free both at the state and federal levels. They actually work to expand the size of your total recovery. Not so with a lump sum of cash. The sum itself is tax-free, but for any investment you make, the proceeds (dividends, interest) will be taxed by both your state and the federal government. Over time, you will end up with more money if you take a structure, than if you take a lump sum. (See example below)

Flexibility

In addition, structured settlements can be very flexible. Suppose you have some large medical bills that need to be paid right away. You can structure your annuity to pay the bills directly or pay a large sum to you up front to cover the bills, with the balance of the money paid out to you over a set number of years (Designated Period Annuity) or for the rest of your life (Life Annuity). Or, if you know you have a large expense coming up in a year or two, you can design it so that you get small payments now, a larger sum a year from now, and then return to small payments for the balance.

There are many different options. Structured settlements are a low risk way of investing your money (many are government insured) and the payments are predictable–no surprises.

What’s the downside?

Probably the biggest negative is that once you agree to a structured settlement and “sign on the dotted line,” there is no way to change it. You cannot decide down the road that instead of payments, you want all the money. You cannot change the payment schedule, the amounts per payment, the frequency, the term, or anything else about the settlement. Additionally, if you want the annuity that is paying those predictable payments to somehow keep up with inflation and give you a cost of living increase from time to time, it will not, unless that was built into the payment schedule at the outset with a specific figure.

As indicated above, structures are low risk, but they are not risk-free. If the entity responsible for making the payments goes belly-up, there is the potential risk of losing the unpaid balance of your money. One other important factor is that unless the funds, as you receive them, are placed in a qualifying protective vehicle, such as a custodial account, you could be barred from receiving certain public benefits down the road, like Medicare and Medicaid. (Consult an accountant or a financial advisor for this information.)

Example

Suppose you have to make a choice between a structured settlement and a lump sum. Notice the difference in the total after 10 years. These figures are just examples and are hypothetical and unrelated to any particular settlement or case.

Lump Sum of $75,000

$25,000 fee to attorney

$20,000 paid to medical providers.

Of the $30,000 left, you put $10,000 in your checking account, which earns no interest, and $20,000 in your money market account, which is paying 5% interest.

If the interest is compounded daily, you will have $20, 524 after a year

After 10 years, you will have about $33,000

You will pay taxes on the dividends in an amount that is determined by your tax bracket.

Structured Settlement

Your attorney is paid his fee up front by the insurance co.

Your medical bills are paid up front by the insurance co.

The insurance company offers to purchase an annuity for 25,000

The structure you agree to provides you with payments of $600 a month for the next 10 years (total of $72,000)

You pay no taxes on this income.

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Nerve Injury: Conditions & Common Causes

Nerve Injury Injury Law

Nerve Injury: Conditions & Common Causes

Nerves are essentially the electrical wiring system of the human body, carrying messages from the brain to the rest of the body, and vice versa. Just like electrical wiring, nerves are covered with insulation for protection. When nerves or the tissue protecting the nerves are damaged, the signals from the brain can be impaired or disrupted completely depending on the type of nerve damage.
Types of Nerve Injuries
The general medical term for nerve damage is peripheral neuropathy, meaning that there is some type of signal disruption within the nerves. While nerve damage has many causes (from physical injury to disease), there are basically three ways in which nerves are damaged-by pressure, stretching or cutting. If the nerve is cut, then the insulation is cut as well and surgery will be required to repair the damage. This is the most serious type of damage, as it’s uncertain at best whether the nerve and insulation will repair themselves. If the nerve is damaged by pressure or stretching but the insulation is not damaged, recovery is more likely as long as the reason for the pressure or stretching (e.g., a slipped disc or tumor) is removed.
Consequences of Nerve Damage
Conditions caused by nerve damage range from very slight (your leg falling asleep is just a nerve being compressed) to extremely severe (paralysis). Paralysis is caused by damage to the nerves of the brain or the spinal cord (or the nerves outside the spinal cord) and the paralysis will depend on where the damage is located. The most common cause of paralysis is stroke or physical trauma (broken neck or back), and paralysis from these causes are often severe and frequently irreversible.
While protection from physical trauma (a fall or slip) and inherited disease isn’t possible, people can take precautions such as having a balanced diet, correcting vitamin deficiencies and limiting or avoiding alcohol consumption. Taking such precautions can reduce the risk of stroke and acquired diseases that can cause nerve damage.
If you have suffered a nerve injury as a result of someone else’s negligence, you may be entitled to seek compensation for your injuries and for any medical expenses that are the direct result of the injuries. A personal injury attorney can give you advice for your particular case. This is because all states have a statute of limitations, that limits how long you have to file a case (for example, some states allow 2 years from the date of the injury or from when the injury was or should have been discovered).
If you’d like your case to be evaluated by an experienced lawyer at no cost or further obligation, fill out FreeAdvice’s case evaluation form.

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Ligament and Cartilage Injury: Common Causes and Conditions

Ligament Injury Injury Law

Ligament and Cartilage Injury: Common Causes and Conditions

Ligament and cartilage damage in the knee, ankle, foot or wrist can be painful and may result in further injury if not treated properly. It is important to understand and treat these injuries.
Torn Ligaments and Sprains
Ligaments (such as anterior cruciate, or ACL; lateral collateral or LCL) are strong bands of collagen that bind bones together at joints, such as your wrists, knees or ankles. Injury to a ligament is commonly called a “sprain.” Sprains happen when a powerful strain is unexpectedly put on the joint, forcing the ligament beyond its normal range of motion and causing the ligament to stretch or tear.
Sprains can have many causes, including falls and sudden twisting of joints or blows to joints that are common in sports like football, basketball and running. Skiers often suffer from sprained thumbs after taking a spill with their hand attached to a ski pole.
Sprains are characterized as mild, moderate and severe. The severity of the injury will depend on the extent of the injury (whether a tear is partial or complete) and the number of ligaments involved. A mild sprain results when a ligament is stretched or slightly torn, which generally causes the joint to feel tender or slightly painful when weight is placed on it, as well as swelling. Minor sprains can usually be treated at home by:
easing the weight you place on the joint,
icing the area for 10 to 15 minutes 3-4 times a day,
compressing the joint with a bandage to reduce swelling, and
keeping the sprained joint elevated to allow swelling in the joint to drain away.
While the joint may be tender, generally a mild sprain will heal on its own in 6-8 weeks. A moderate sprain results from a partial tear in a ligament and is usually accompanied by more pain, bruising, and difficulty moving than a mild sprain.
A severe sprain occurs when a ligament tears completely, causing the joint to become very painful and unable to move normally or sustain weight. A severe sprain can require surgery to correct. The National Institute of Health provides an explanation of the different types of ligament sprains.
Cartilage Injuries
Cartilage is a semi-elastic tissue that helps cushion bones and distribute weight evenly in joints. There are three types of cartilage: (a) articular (or hyaline) cartilage which covers joint surfaces, (b) fibrocartilage such as the meniscus in the knee or disks of cartilage between vertebrae in the spine, and (c) elastic cartilage such as the outer ear.
Injuries most often occur to the articular cartilage or to the meniscus in the knee. Damage to the articular cartilage (which eases friction in the joints) can be classified as either traumatic or progressive.
Traumatic injury can be caused by a blow or impact that tears the cartilage, sometimes causing loose bits of cartilage to “float” around the joint and interfere with its normal movement. Progressive injury is repetitive wear and tear to the tissue. Over time, the bones in the joints do not have the protection of the cartilage as they move, resulting in arthritis pain, limited joint motion and swelling. The causes of progressive cartilage injury can include repetitive high-impact stress on the joint, genetic factors like bone structure, and lack of sufficient muscle support for the joint.
When someone talks about an injury to cartilage in the knee, they are usually referring to a meniscus tear. A meniscus is a C-shaped wedge of cartilage in the knee (each knee has two menisci) that makes smooth knee movement possible and prevents the thigh bone and shin bone from rubbing against each other. Like other forms of cartilage damage, a meniscal tear can also be caused by a blow to the knee (football tackle, for example) or by repetitive wear, and results in swelling and pain. The National Institute of Health gives further information about the effects of cartilage damage.
If you have a lot of pain, bruising, and difficulty moving a joint after a fall or injury, it is important to visit a doctor who can determine the severity of the sprain and advice you as to the treatment options.

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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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Dog Bites: How Breed and Temperament Relate To Injuries

Dog Bites Injury Law

Dog Bites: How Breed and Temperament Relate To Injuries

Dog bite injuries can result from a variety of circumstances – from intense provocation of a dog to a completely unexpected attack. However, other factors, including a dog’s breed and temperament, are just some of the important factors that may be very relevant in a dog bite lawsuit.
Relevant factors in dog bite lawsuits
There are a number of factors that might be relevant in a dog bite lawsuit, according to Steve Recordon, a California attorney with nearly 30 years of experience whose practice represents individuals who have been injured by dog bites. In a recent interview, he provided the following examples:
Breed. I think the breed is the most important factor. Some dogs are more likely than others to be aggressive or bite. Most people are familiar with the Michael Vick case, the quarterback for the Atlanta Falcons. I think we all got a real close-up and personal look at Pit Bulls through that case. The news media was constantly running pictures of these dogs that are bred to attack and you actually got to see some really, really disturbing pictures of Pit Bulls fighting each other.
There’s an interesting phenomenon going on right now. If you ever take a walk through the pound, it’s surprising the number of Pit Bulls and Pit Bull mixes that are there. In many cases, that’s the kind of dog that people are taking home.
Rottweilers are another breed that’s on that list of dangerous dogs and, actually, Rottweilers are a little larger than Pit Bulls. More severe and fatal dog attacks come from Rottweilers, with Pit Bulls being close behind.
Pack mentality. Another factor is the pack mentality, and what I mean by that is, people that keep more than one dog. The chances of a serious injury or death are more than twice as likely when you have the pack mentality of two or more dogs.
Mistreatment. Then you have owners that mistreat their dog. If a dog has been abused, the risk of biting goes way up. Keeping a dog on a chain also increases the likelihood of that dog being aggressive.

Gender. Male dogs are likely to be more aggressive than female dogs in general and dogs that are not neutered, male dogs in particular, are also more likely to be aggressive.
If you’ve been injured due to a dog bite, contact an attorney whose practice focuses in this area of law to discuss your situation. Consultations are free, without obligation and are strictly confidential.

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Understanding Dog Bite Lawsuits: When Is The First Bite “Free”?

Dog Bite Lawsuits Injury Law

Understanding Dog Bite Lawsuits: When Is The First Bite “Free”?

It is estimated that up to 4.5 million people are bitten by dogs in the United States every year. Notwithstanding that large number of injuries, many victims don’t really understand how dog bite laws affect them – especially laws like the “first bite” or “one bite” rule.
Strict liability vs. “First Bite” Laws
There are two basic types of dog bite statutes in the United States, according to Steve Recordon, a California attorney with nearly 30 years of experience whose practice represents individuals who have been injured by dog bites. In a recent interview, he provided information on each:
You have the rule followed in California and more than half the states in the U.S., which is a strict liability statute that means if your dog bites somebody, you’re responsible. Then you have the other states that don’t follow the strict liability statutes. Those states will allow one bite, or the ‘first’ bite, before the dog owner is responsible for the injuries.
Recordon says that the theory behind the latter is that, until the owner has knowledge of the dangerous propensity of the dog, they’re not held responsible. He provided the following example:
Let’s say that you have a dog that’s normally very docile and you reside in a state that doesn’t have a strict liability statute. You have no reason to believe that your dog would ever bite or scare anybody and then, all of the sudden, they do. You had no way of knowing that. You had no knowledge of that dangerous propensity because this is a domesticated pet, not a wild, animal. So, in those states, the first bite is ‘free’.
Overcoming first bite situations
More and more states are doing away with one bite, or first bite, rules and are following the California strict liability rules saying that if you maintain a dog, you’re going to be responsible for the first bite. While there are still a number of states that follow the first bite rule, Recordon told us that it is possible to overcome that if you can show that the owner had knowledge that it was foreseeable to them that the dog could bite somebody. He explained:
What an attorney would do is contact neighbors and other people in the neighborhood to determine whether or not that dog had shown aggressive behavior. If enough people can say that they have seen that dog show aggressive behavior, then even if the owner says that they’ve never seen this dog do anything wrong, you have witnesses to counteract the owner’s position. So now, you can impute the liability or the knowledge of the animal’s aggressiveness to that owner and overcome the one bite rule.
Civil and criminal liability may apply
Dog bite victims may be able to hold a dog’s owner or guardian to both civil and criminal liability. Recordon explained, “In some states, such as California, you’ll have both civil and criminal liability. What civil liability means is that if your dog bites someone, you’re going to have to pay money. Civil equates to money. What criminal liability means is that if your dog bites someone and injures them, you could end up being prosecuted under some of our criminal statutes – and end up going to jail.”
“One of the cases that a lot of people are familiar with when it comes to criminal statutes is the Diane Whipple case out of San Francisco that occurred about four or five years ago. Whipple was living in an apartment building where Presa Canario dogs were being bred to fight. They attacked and killed her in the apartment building. The dog owners were prosecuted, convicted and served time in jail as a result.”
If you’ve been injured due to a dog bite, contact an attorney whose practice focuses in this area of law to discuss your situation. Consultations are free, without obligation and are strictly confidential.

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