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Dog Bite Laws Cover More Than Just “Bites”

Dog Bite Laws Injury Law

Dog Bite Laws Cover More Than Just “Bites”

Dog bite laws certainly protect victims of dog “bite” injuries, but did you know that they also protect those who have been injured by dogs for other reasons?
Injuries which may be compensable
Steve Recordon, a California attorney with nearly 30 years of experience whose practice represents individuals who have been injured by dog bites, told us that any injury that’s proximately caused by a dog is covered under dog bite laws – of which there are state statutes and county and city ordinances. He provided the following real life example:
To give you an example of how a non dog bite can be covered, I’ll tell you about one of my cases that I resolved about nine months ago where my client was walking her dog. Leash laws are pretty rigorously enforced in California and the leash has to be six feet or less. Most of them have handles at the end of the leash similar to a handle you would have on a water ski rope.
My client, a middle aged lady, was walking her mid-sized dog and had her hand through the handle, which a lot of us do with dogs, holding onto the leash. As she’s walking along, a dog across the street that was actually inside a house with the door open, spots her dog, runs out of the house, across the yard, across the street and as it approaches the dog that my client was walking, her dog bolts. She’s got her hand through the leash handle and wrapped around it and the dog actually pulls her down. She hits the sidewalk with her face and she knocks out two teeth.
Now, in that case, the offending dog didn’t bite or touch her or her dog, yet the owner of that dog was responsible for her injuries, which where substantial dental bills. That gives you an example of how a non-bite can be responsible.
Other examples
Recordon says that you can also have infections in dog bite cases that quite often can be severe. He explained, “I’ve actually seen it result in amputation of a limb. So, infection is another area to be concerned with, in addition to potential rabies and other things that might be associated with dog bites.”
“Other situations, such as where a dog frightens someone can also be compensable. Where that comes into play would be where a dog has, in an aggressive manner, gone up to a child or young adult in a threatening manner, bearing its teeth, growling or barking and it runs up to an individual and then stops before it actually bites. That can create a very severe fear of dogs – particularly in a child.”
Recordon says that Californians love their dogs. “They are part of the family. My dogs, for example, sleep on my bed with me. I have two of them – a soft coated Wheaton Terrier and a Goldendoodle (which is a combination of Poodle and Golden Retriever – or what we refer to as a designer mutt.) If I had a child who, as a result of a non-bite or even a bite, was apprehensive about their own pet or other dogs, I believe that type of case has substantial value.”
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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Dog Bite Injuries: More Common than You Might Think

Dog Bite Injury Injury Law

Dog Bite Injuries: More Common than You Might Think

Have you been injured by a dog bite? If you have, you’re not alone. Legal experts estimate that there are over four million dog bites every year in the United States and that many of those cause injuries for which victims can be compensated.
Children are often victims
Steve Recordon, a California attorney with nearly 30 years of experience whose practice represents individuals who have been injured by dog bites, says that the estimate of four million dog bite injuries per year is a conservative number. In a recent interview, he told us, “It could be closer to four and half million. They’re very common. Children are the ones that suffer the most injuries and, actually, children under the age of 10 are the most susceptible. That’s probably because at these tender ages, they haven’t learned to be afraid of dogs yet and they’re running up to the dogs, grabbing them by the ears, grabbing them by the tail and they’re the ones that end up being bitten most often.”
More injuries occur in summer
According to Recordon, the number of dog bite attacks all across the country has gone up and up over the past five years and we’re into the time of year where you have more dog bites nationwide, and that’s summertime. He explained that the reason for that is due to longer daylight hours where you have dog owners walking more. “Normally, they would just walk their dogs in the morning. However, starting around May, they’re walking their dogs in the morning as well as when they come back from work and taking them to dog parks or fenced in areas where they can be off leash.”
Consequently, the number of dog bites increases – but don’t assume that your insurance will cover your injuries.
Insurance companies finding ways to limit coverage
The ways in which insurance companies handle dog bite claims has been changing over the years and more insurers are finding ways to limit coverage. Recordon explained:
Homeowners insurance or renters insurance may cover a victim’s damages if the dog owner has insurance. However, the trend by insurance companies is to exclude coverage in certain types of cases. For example, if the homeowner’s or renter’s dog had a previous bite, what you’ll find is that the insurance carriers are going to exclude that dog on the policy.
You have certain breeds of dogs that insurance companies are more and more frequently excluding and those breeds are Pit Bulls, Rottweilers, Chows, Akitas and, more and more – German Shepherds. These are dogs that have been determined to be aggressive breeds and the insurance company is trying to figure out ways to not pay the victims, so they’re tacking on exclusions.
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. To speak with an experienced attorney, please click here.

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Do I keep something secret or patent it?

Secret Patent Intellectual Property Intellectual Property

Do I keep something secret or patent it?

That will depend on the specific facts and circumstances of your invention. For example, how long do you expect it will be commercially viable? If it you think the secret can remain secret for a long time and are confident that no one will be able to figure it out on their own, you may prefer to keep it as a trade secret. The formula for Coca-Cola was developed over 100 years ago, and it is still a trade secret. As patents have a limited duration, and are made public when they are issued if the inventor of Coca Cola had patented it, the patent protection would have run out long ago. Today anyone would be able to use the formula. Very often lawyers assist inventors in making choices between seeking to protect an invention with a patent or by relying on trade secret law. See the section on Trade Secret Law for more information.

Dog Bite Victims: What Damages May Be Available For Your Injuries?

Dog Bite Victims Injury Law

Dog Bite Victims: What Damages May Be Available For Your Injuries?

Many people think that the damages which may be available to victims of dog bites are inconsequential. However, according to our expert, damages in dog bite cases could reach into the millions.
Steve Recordon
Steve Recordon, a California attorney with nearly 30 years of experience whose practice represents individuals who have been injured by dog bites, says that dog bite victims are entitled to many different types of damages. He explained:
Basically, any damages that you’ve suffered as a result of the injury are going to be covered. You have medical bills. In many cases, if the injury is serious, you have lost wages. Quite often, if there’s a dog bite, clothes have been destroyed or maybe the victim was wearing glasses and they where knocked to the ground and they were broken. You will have pain and suffering damages. There also may be damages based on fear as a result of the dog bite. That person may have fear that he or she will be attacked again and, as a result, may now be afraid of dogs or not go anywhere that dogs might be present. That’s all recoverable.
Punitive damages may also be available
Recordon says that punitive damages, those awarded to punish the dog owner, are available in any state. He provided the following example:
Let’s say that you’re walking by a house. There happens to be a Pit Bull there and the owner of the Pit Bull doesn’t like you or just wants to play games with you. He lets his dog out and tells his dog, ‘sick em, go get em.’ Damages in dog bite cases could be in the millions. Let’s say that a young professional is killed by a dog or a pack of dogs. The owner is going to be responsible for lost wages for the entire life of that professional, which an economist would determine, and that could be millions of dollars.
Beware of statutes of limitations
In order to be compensated for your injuries, you have to file a case within a certain time period. Statutes of limitation in a dog bite case parallel a personal injury case and states vary on those limitations. Recordon says that, in general, state statutes of limitation will range from six months to two years or beyond. California has a two year limit.
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. To speak with an experienced attorney, please click here.

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California Dog Bites: What Laws Protect Victims?

California Dog Bites Injury Law

California Dog Bites: What Laws Protect Victims?

When you’ve been bitten by a dog, it’s important to know what laws protect you. Steve Recordon, a California attorney with nearly 30 years of experience whose practice represents individuals who have been injured by dog bites, explained what laws protect victims and some exceptions to those laws.
What laws protect dog bite victims?
Recordon told us that, in California, Civil Code section 3342 – which is a strict liability code section, protects dog bite victims. He explained, “The other states dealing with what is known as the ‘one bite’ or ‘first bite’ rule (where dog owners generally are not held strictly liable for the first time their dog bites someone) are going to have negligence statutes, although many states, including California, have both. Normally, an attorney with a choice between the two will go with the strict liability statute. It’s a much easier statute to prove and I believe, because of that statute, you have the upper hand with the insurance companies when it comes to dealing with claims.”
Exceptions to the law
There may be exceptions to the law for the victims that may have been negligent. Recordon explained, “It’s usually not something minor that’s going to be an exception to the law. Situations where teenagers are trespassing and taunting a chained dog by throwing rocks at it would be an example – anything where the person was intentionally trying to aggravate the dog would be exceptions. So, if that activity occurs and they get bitten as a result, they are going to be partially at fault.” He provided the following example in which trespassing might or might not work:
I had a client who was quite familiar with the dog next door. He’d been over to the house many times, seen the dog outside the house, petted the dog and dealt with the dog on a one-to-one basis a number of times.
One day, his neighbor’s sprinklers were on. They’d been on all day and were flooding the back yard. So, he actually trespassed and climbed over the fence to turn off the water when the dog attacked him and he was severely injured.
In that case, the insurance company, eventually but reluctantly, paid on the claim. Although they asserted the trespass defense, my argument was that the trespass was for the benefit of the homeowner and therefore, the homeowner had to face up to the fact that the dog bit his neighbor.
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. To speak with an experienced attorney, please click here.

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Types of Bone Injury

Bone Injury Injury Law

Types of Bone Injury

Bone injuries are a very common type of personal injury. There are two types: traumatic fracture, such as from a car accident, or pathologic (spontaneous) fracture, due to a disease such as osteoporosis.
A fracture that pierces the skin so that the wound is open to the environment is called an open fracture. A fracture completely inside the skin is a closed fracture. Bones break in different ways-they can twist, shatter or be incomplete (a “greenstick” or “fissured” fracture). “Hairline” or stress fractures are less obvious but no less important to treat. Symptoms of a bone injury include pain, tenderness, deformity, exposure of the bone, swelling, bruising, or joints locked into position.
When children break bones, a rare type of injury (across the epiphyseal disk) can stunt their long term growth. Fractures may be especially traumatic for older adults. Breaking a hip, for example, is often the triggering event that puts the injured person in a nursing home or leads to a downward spiral of debilitating ailments.
Common Causes of Bone Injury
Auto Accidents: The National Highway Transportation Safety Administration reports that traffic accidents cause around three million injuries a year. Car crashes frequently cause serious or complicated fractures, such as to the leg, pelvis, or skull. Not wearing seat belts increases the chance of fractures and also may mean that the victim contributed to any negligence in the accident. Always wear a seat belt. They are designed so that the forces in a crash are absorbed by the strongest areas of your body – the bones of the hips, shoulders and chest.
Slip and Falls: According to the Centers for Disease Control, fall-related injuries are the leading cause of injury deaths and disability among adults over 65 years old. The most serious injury from falls is the hip fracture, responsible for about 300,000 hospitalizations a year. One half of all older adults hospitalized for hip fracture never regain their former level of function. Osteoporosis contributes to 1.5 million fractures a year in the U.S., but often it is a silent condition until the fall.
Sports Injuries: Each year, about 4.4 million children between 5 and 18 years old are treated in hospital emergency rooms for sports injuries. About five percent of those injuries are broken bones. Like adults, kids can get fractures from overuse (stress fractures) as well as from accidents on the field.
Legally, a sports injury may be complicated by “assumption of risk,” that is, the participant was fully aware he or she might get hurt from playing in the sport. However, the laws on negligence vary from state to state. If your child might have been injured because of someone else’s negligence, it makes good sense to consult a personal injury lawyer in your area. The first consultation usually costs nothing. See How a Lawyer Can Help, below.
Conditions Resulting from Bone Injuries
Serious fractures may require surgery, physical therapy, and long term recovery. Doctors may have to pin together complicated fractures with metal plates or surgical wiring. In addition to the pain and suffering, bone injuries can lead to temporary or permanent disability. That in turn can create negative psychological effects and depression. Victims may feel isolated and helpless because they can’t perform their routine chores, work, sports, or other activities.
How a Lawyer Can Help
Broken bones are hard injuries, much like head injuries, dislocations or ligament or cartilage tears. They are considered more serious than soft-tissues injuries, such as a sprained ankle or back. In the legal area, hard injuries are worth more dollars and cents. The more serious the break, the higher is the value of your damage claim.
That said, if you or your loved one has suffered a bone injury as a result of someone else’s negligence, you may be entitled to seek compensation for your injuries and for related medical expenses. A personal injury attorney can give advice about your particular case. The lawyer will find all the applicable insurance coverage, fully document your claim, and represent you in negotiations or in court, so that you can recover the maximum possible compensation.
Seek legal advice as soon after the injury as possible or you may lose your ability to go to court on your claim based on your state’s statute of limitations. If you would like to have your case reviewed by an experienced injury lawyer, simply fill out our case evaluation form.

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How does homeowner’s insurance pay for property damage to my home in the event of a fire, theft, or other disaster?

Property Damage Homeowner Injury Law

How does homeowner’s insurance pay for property damage to my home in the event of a fire, theft, or other disaster?

“There are a variety of coverage options available to you when purchasing homeowner’s insurance. These options are designed to help you pay for damage to your home, or the things in your home, in the event of fire, theft, or other type of disaster. Homeowners’ insurance can also help pay for injuries suffered by other people on your property.

There is coverage for your home and its contents (contents coverage is usually 10% of the value of the home) against loss from fire, theft and other perils (or from any cause of damage under an “”all-risk”” policy, unless the cause is specifically excluded). In addition, there is liability coverage to protect you in case someone is injured on your property. Many policies also provide coverage for your property if it is lost or stolen, even if the loss occurs away from the home (for example, if your camera is stolen while you are on vacation, your homeowner’s insurance may cover this loss). Most homeowner’s insurance policies exclude losses due to floods and earthquakes although riders or separate coverage for these perils may be obtained.

In determining what liability limits you should purchase, you need to consider the amount of exposure that you have. As a general rule, the more property and wealth that you have, the greater your exposure is and the need for higher liability limits for protection against claims from third parties. Often, liability limits are set as a combination of numbers, such as 15/30, which means coverage of loss of up to $15,000 per person and up to $30,000 for all injuries which occur in a single accident. This is referred to as the minimum liability limit. Often the minimum liability limit is inadequate to protect all of your property and wealth. Increased limits, such as 100/300 or 300/500 are very common and can be purchased at modest additional cost to you. There is no minimum liability limit for a homeowner’s insurance policy, although most lenders require you to carry insurance at least equal to the amount of your outstanding mortgage. If you have suffered damage to your home or belongings and your insurance company won’t pay, you should seek the advice of an experienced insurance lawyer right away. You may be entitled to coverage for your losses, but you won’t know unless you ask.”

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Are there different standards for obtaining patents in foreign countries?

Foreign Patents Patent Law Intellectual Property

Are there different standards for obtaining patents in foreign countries?

Yes, and a patent attorney can assist you in understanding the differences. For example, most foreign countries (with Canada is a notable exception) have an “absolute novelty” requirement for obtaining a patent.

What is the ‘duty to mitigate damages?’

Mitigate Duty Property Insurance Insurance Law

What is the ‘duty to mitigate damages?’

A person is not allowed to stand by idle and watch further harm come to his/her property. Everyone must use reasonable care and diligence to minimize the damages – to do what s/he can to prevent additional damage. An injured party must make a reasonable effort or expend reasonable costs to prevent the amount of loss or harm from increasing. For example, if constant rain is raising the level of a lake next to your home, you have the responsibility to take steps to prevent damage from the flood which is about to occur, such as moving property to higher ground or putting out sand bags to prevent water from entering your home. The particular acts required by a person to mitigate damages is determined on a case-by-case basis. It is set as what is “reasonable” under the particular circumstances.

If you are seeking recovery for property damage from an insurance company, you should seek the advice of an experienced insurance lawyer. If the property damage was due to a car accident, see a car accident lawyer right away.

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My 60-year old father was in a serious rollover accident while driving his SUV, and his leg was badly crushed. His doctor says it will be years before he can walk again. How will the value of his case be assessed? Is age a factor?

Pain Suffering Age Factors Injury Law

My 60-year old father was in a serious rollover accident while driving his SUV, and his leg was badly crushed. His doctor says it will be years before he can walk again. How will the value of his case be assessed? Is age a factor?

Your father’s accident was tragic and it is unfortunate that his recovery will be so long and arduous. The best our legal system has to offer him is financial compensation. Your father will be entitled to economic damages and non-economic damages. Economic damages are usually easy to quantify, and cover such things as lost wages, medical bills, transportation costs, property damages, etc. Non-economic damages include inconvenience, and pain and suffering. There are also punitive damages, which could be assessed in this case if the manufacturer of the vehicle is found liable. Punitive damages are to punish the negligent party.

Your attorney will pour over the facts to determine who is responsible for the accident and sue the appropriate party or parties. Medical bills and doctors’ reports will be provided to the responsible parties. Your attorney may hire an economic expert to determine what your dad’s lost earning capacity will be, depending on whether or not he was still working at the time of the accident, and whether or not he will be able to one day work again. The responsible party’s attorney will likely take your dad’s deposition (testimony under oath) to find out more about him and to test his credibility.

Is age a factor? Absolutely, and here is how it applies. In general, and with all things being equal (which they rarely are), a 40 year old will have a more valuable case than a 60 year old simply because he has a longer work-life expectancy. Comparing two 60 year olds, employment vs. retirement is a key factor; the one who is employed has a higher value case assuming his employment will be impacted by the injury. Attorneys and economic experts use life expectancy tables and work life expectancy tables as tools to help them with these questions.

Beyond all of the economic damages, your father will be entitled to money for his inconvenience and his pain and suffering. This is not easy to quantify, and attorneys and insurance companies look to other similar cases to compare and contrast the facts of your case.

Since we don’t have all of the details about your father’s case, let’s look at a hypothetical case, and you will get an idea of how these types of injuries are valued. Suppose, for example, that the same injury occurred involving a 60-year-old retired mid-level business manager. He is unmarried and lives in a house. His attorney is suing the vehicle manufacturer and the other driver.

Economic Damages
Dr. bills to date $ 24,000
Ambulance$ 450
Hospital$ 31,000
Medicine$ 3,500
Future (est.) dr./rehab. bills$ 50,000
Future (est.) medicine$ 38,000
Lost wages/lost earning capacity $ 0
Home medical caretaker (est. 2 yrs.) $ 48,000
Gardener/housekeeper (est. 5 yrs.) $ 160,000
Potential total economic damages$ 354,950
Non-economic damages
Inconvenience, pain and suffering $550,000-$700,000
Total Settlement Range $900,000-$1.1 mil

This is an example of a possible calculation of a settlement based on fictitious facts and figures. Your individual case may vary from this substantially.

If you lived in Los Angeles, the amount might be significantly higher. If you lived in Jackson, Mississippi, it could be much lower. In addition, as indicated above, some states have put a cap on non-economic damages and the amount for inconvenience and pain and suffering would be limited.

For information on how to value your specific claim, and to find out if your state has a limit on non-economic damages, contact a personal injury attorney in your area.

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