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A Closer Look At Dog Bite Liability

A Closer Look At Dog Bite LiabilityDogs can be rather energetic and fun animals, but what happens when you find yourself bitten or injured. Thousands are bitten or attacked by dogs every year and in some cases even killed. What causes these attacks aren't always clear, but the laws surrounding them are. Whether your a dog owner or just a dog lover, you should know what you may be liable for in a dog bite case.

Florida's Strict Liability

When it comes to dog bites, Florida has a very strict liability policy. This means a Florida dog owner can be liable if their dog bites someone even if they have no warning or prior knowledge that the dog might bite. It also means the dog bite victim does not have to prove that a lack of healthy care caused the bite.

Deadline For Filing A Dog Bite Claim

There is a deadline for the length of time a dog bite victim has to file a lawsuit after the injury occurs. However, with the deadline being four years within the date of the dog bite, it is... full post

Understanding Traumatic Brain Injury

Understanding Traumatic Brain InjuryThe body can be a rather delicate thing. Nothing makes your fragility more obvious than after you have been in an accident. Cuts and broken bones are fairly common side effects, but thankfully are often easy to recover from. However, sometimes you are not so lucky when an accident occurs. One of the worse injuries of all, is the one that effects your very own brain.

Traumatic Brain Injury can happen in a variety of accidents but more are from car accidents. However, it is not uncommon for firearms or falls to also cause a traumatic brain injury. This condition can be devastating and is something that you can never completely recover from. Sadly, it can also be easily overlooked and even fatal.

What Is TBI?

Traumatic Brain Injury or TBI is a broad spectrum of symptoms and disabilities that result from a physical injury to the brain. It is an injury that is more common than we would like to admit and can drastically change a person's personality and their physical and mental abilities. In the past, the death rate from traumatic brain... full post

Who Is Liable In A Boating Accident

Who Is Liable In A Boating AccidentWith Florida's sunny weather and miles of coastline, it is no wonder why so many Floridians are out boating. When you are spending your time out on the water it can be great fun, but accidents can happen. Sadly, boating accidents are not uncommon and can result in severe injuries. If you have been hurt in a boating accident or just want to know what your legal rights are, here are a few things you should know about liability in a boating accident.

Negligence Is Key To Liability

In a boating accident, liability depends solely on whether someone's negligence caused the incident. Negligence refers to the failure to act with reasonable care. If the operator of the boat or a secondary boat somehow caused the accident or hurt rescue effects because of actions that were careless and unreasonable, then they are liable for the resulting accident. Sadly, it is not always clear whether negligence was the cause.

Hitting A Wave

When a boat hits a big wave, the jolt can knock passengers down or throw them out of their seats.... full post

What Not To Do After A Motorcycle Accident

What Not To Do After A Motorcycle AccidentThere is nothing like the freedom and independence you get when riding a motorcycle. Sadly, that rush can be quickly shattered when an accident happens. Motorcyclist are involved in more accidents than any other vehicle. Although there are many ways an accident can happen, the most common cause of motorcycle accidents is because the other person failed to notice a bike when turning or misjudged their speed and distance.

This is why it's important for a motorcyclist to always be on the defensive. However, that may not be enough to protect you. So before you hop on your bike you should know what to do and not to do if you find yourself in an accident.

Do not delay medical attention! Even if your feeling fine, symptoms may not manifest for a few hours and some may not be obvious. For the sake of your health and well-being, don't hesitate to seek medical attention and treatment. If that's not enough to convince you, then you should also know that refusing or delaying medical attention and... full post

Constant Recalls Are Now Commonplace

Constant Recalls Are Now CommonplaceBack in 2014, automakers recalled nearly 64 million vehicles because of faulty parts or software, over twice the previous record of 31 million set in 2004. As of August, 2015 has already beaten that second place record, and by all indications it’s set to at least approach last year’s numbers.

A New Vigilance

A fair amount of this dramatic shift in policy can be laid at the feet of the National Highway Traffic Safety Administration, the federal body in charge of regulating the safety of motor vehicles. After years of accusations that the NHTSA has been acting as the rubberstamp lapdog of the car industry, the agency has recently stepped up its activities. In a very high-profile case, the NHTSA levied a $105 million fine on Fiat Chrysler Automobiles for failing to recall vehicles fast enough and in some cases even failing to inform anyone of known defects.

The fine has already inspired FCA to change its behavior and its corporate structure. The company fired most of the upper management in charge of recalling vehicles during the NHTSA’s investigation, and now... full post

Brian O Sutter
posted by Brian O. Sutter , in:

Keeping Safe With Trucks

Keeping Safe With TrucksNo matter how commonplace it may be, it’s important to remember that driving is really a very dangerous activity. It can be safe enough so long as you and everyone else on the road follows the rules, but when it comes to trucks, buses, and trains, there are a few extra tips you may not be aware of which you should keep in mind if you want to stay safe.

Beware Of High Fenders

Trucks, including 18-wheelers, pickups, and SUVs, are designed to different standards than regular cars, and that includes having a higher clearance off the road. This allows them to climb over higher obstacles than a car can manage, but in order to do that their fenders are higher up than the fenders on a car. This means that your vehicle’s first defense in a front or rear collision won’t work, and in fact the truck’s fender may deal significant damage to your trunk or your engine while leaving the larger vehicle relatively unharmed. As such, while you should always keep your distance from the cars in front of... full post

The Unfortunate Mysteries Of Brain Injuries

The Unfortunate Mysteries Of Brain InjuriesThe human brain is an immense and complicated organ, one with well over a dozen specialized areas and which reacts poorly to any amount of tampering. It can change emotional states in an instant by being exposed to nothing more substantial than a spoken word, and a direct injury could potentially change a person’s personality forever.

Banging Your Head

While sports, particularly football, tend to get all the media exposure when it comes to concussions and other brain injuries, the majority of all traumatic brain injuries reported in the United States come from car accidents. Your head doesn’t have to impact anything directly to cause a concussion: when your car suddenly decelerates from full speed to a full stop, the momentum transfers to your body. This momentum can swing your head around with real force, causing a whiplash injury to your neck and a less visible injury to your brain.

Whiplash can potentially cause lasting damage to your spinal cord, and while that’s a serious concern, the consequences of a brain injury can be long-lasting, debilitating, and worst... full post

How To Keep Safe From A Fire

How To Keep Safe From A FireEvery year, over a million homes go up in smoke, causing thousands of deaths, thousands more injuries, and over $10 billion in damages. If you have no desire to be just another statistic, then there are some safety tips which you should keep in mind.

Always Care For Your Smoke Alarms

Most deaths in house fires occur in homes whose smoke alarms are absent or whose batteries are dead. You should always make sure your home is properly equipped with smoke alarms, and you should test them once a month to make sure they are still working properly. Even if you live in an apartment, it’s very likely that you are responsible for keeping your smoke alarms functioning.

Stay Low

Smoke tends to kill more often than the heat of the flames. Modern homes are full of materials that can release toxic fumes if burned, and more directly the carbon monoxide in smoke can prevent you from breathing in enough oxygen, causing you to suffocate. However, smoke is hot and it tends to rise, which means that... full post

The Importance Of Proper Pet Care And Safety

The Importance Of Proper Pet Care And SafetyFor a lot of people out there, getting a pet is like adding a new member to your family. Whether it’s something traditional like a cat or a dog, something small like a fish or a spider, or something exotic like a parrot or a lizard, we form attachments to the creatures in our lives just as surely as we form attachments to the people we love.

However, it’s important to remember that, at the end of the day, pets are not humans. They don’t have the same intelligence and ability to communicate, they don’t have the same sense of social awareness and responsibility, and they don’t have the same rights under the law as a person does. If an animal harms a human, then it’s almost always the human who is going to win.

Dog Bite Laws

Florida has very strict laws when it comes to an owner’s responsibility for an animal attack. These laws are usually referred to as dog bite laws, but it’s worth pointing out that they don’t apply exclusively... full post

The Social Security Network

The Social Security NetworkOver the past 80 years, the United States has put together a program of benefits which are designed to help those who are most in need: the elderly, the sick, and the disabled. Collectively, they are known as Social Security, and they are part of a larger safety net which the government provides to ensure that every citizen has some measure of safety and security.

• The oldest program is Social Security itself. FDR signed it into law in 1935, although it would take a while longer before its administrative board had an actual budget. The purpose of Social Security is to provide a reliable paycheck to retired people based on the amount of money they paid in taxes over their lifetimes. In 1939, this benefit was extended to widows and dependents.• Throughout the 1950s, Social Security benefits were extended to disabled workers as well as to those over the age of 65, at least assuming the worker had built up enough Social Security credits beforehand.• In 1965, congress introduced Medicare and Medicaid. Medicare is meant specifically for... full post

Workers' Compensation: An Incredible Benefit

Workers’ Compensation:  An Incredible BenefitThe idea of workers’ compensation is pretty amazing if you think about it. If you are injured on the job, then you are entitled to paid medical benefits and a certain percentage of your regular income for as long as it takes to get better. If you wind up with a permanent disability, then you may be entitled to some compensation for life. However, employees weren’t always so lucky.

19th Century Negligence

The idea of compensating citizens for injuries goes back to the oldest of city-states like Ur and Babylon. Ancient Arab law provided specific payouts for losing various body parts right down to the size of a person’s ear and the amount of a finger lost. However, under the feudal system individual lords were given much more leeway in how much or how little they would compensate their peasants and serfs for injuries sustained on the fields and during wars.

By the time of the Industrial Revolution, when massive iron machines and super-hot steam engines were making jobs more dangerous than ever, workers’ compensation was at... full post

With Fraudsters Around, Everyone Loses

With Fraudsters Around, Everyone LosesFlorida is one of a handful of states which require personal injury protection (PIP) insurance above and beyond the usual liability coverage which a car owner must purchase in order to legally drive his or her car. However, every kind of insurance must deal with fraudulent claims and con artists who want to get rich off the backs of insurance providers, and the attempts of providers and governments to stop these people often count ordinary people in need as collateral damage.

No-Fault Fault Lines

PIP insurance operates under no-fault rules, which means that it pays out the same regardless of who is responsible for the accident. The minimum amount of coverage is $10,000, and it applies whenever you get into an accident involving a motor vehicle, whether you’re a driver, a passenger, or even a pedestrian.

Unfortunately, no-fault rules which apply under broad circumstances are particularly attractive to scammers since they demand less investigation than the usual system where the party at fault has to pay for repairs to the other vehicle. Unscrupulous doctors may pay off their patients to go... full post

Workplace Injuries: When No-Fault Becomes Their Fault

Workplace Injuries:  When No-Fault Becomes Their FaultWorkers’ compensation insurance is a requirement in all 50 states for almost every employer, from the local business with only a handful of workers to the megacorporation whose headcount exceeds that of many a small nation.

The main benefit of this insurance is the no-fault system which doesn’t bother keeping track of the specific reason for the accident. Instead, so long as no one’s committing fraud, the workers’ comp benefits pay out no matter what.

However, this doesn’t mean that the employer is absolved of all sins. If the company or person in charge caused the accident through negligence, either by creating an unsafe condition or by failing to inform its employees of an unsafe condition, then you may be better off pursuing a workplace injury lawsuit.

Classic Cases

One of the most common kinds of workplace injury is unwitting exposure to toxic chemicals. Every workplace which uses potentially hazardous chemicals needs to have a Material Safety Data Sheet, or MSDS, for each substance in easy reach of anyone expected to work with these chemicals. ... full post

Water, Water, Everywhere, So How Did I Get Hit?

Water, Water, Everywhere, So How Did I Get Hit?The range of watercraft and water-based activities is truly staggering when you think about it. There are rowboats and paddleboats for when you want to get some exercise while you’re on the water, motorboats and sailboats for crossing lakes and finding good fishing spots, speedboats for when you want to feel the wind on your face, and yachts of all shapes and sizes for when you want to have a relaxing time somewhere far from shore.

However, your watercraft isn’t the only one out there, and whether you’re alone fishing in the reeds of a muddy lake or navigating through a busy quay, you need to keep in mind a few basic safety rules in order to have a good time and avoid harming yourself and others.

Remember Your Life Jacket

The word “life” is in there for a good reason. Even if you know how to swim, even if you’re a good swimmer, if something happens to your boat a mile from shore or if something happens to you even in a small lake,... full post

Beware The Extra Costs Of Recalls

Beware The Extra Costs Of RecallsOver the last two years, the National Highway Traffic Safety Administration has started seriously cracking down on defective automobiles. Between their newfound vigilance and some high-profile defects which have led to injuries and even deaths, the years 2014 and 2015 have far surpassed all others in the number of recalls. These recalls are performed at the manufacturer’s expense, of course, but some dealers are taking advantage of your stop by their shop to make a little extra profit.

The Upsell
While your car is getting repaired, it makes sense to have the mechanic give your vehicle a good once over to see if there’s anything else that needs some professional attention. After all, it’ll save you having to haul it back in later when something has gone wrong enough for you to notice on your own.

However, you should always take care what you authorize the mechanic to do. Car mechanics have a strong incentive to err on the side of caution since the more work you have done, the more money they make. You should absolutely keep... full post

Brian O Sutter
posted by Brian O. Sutter , in:

Don’t Be A Statistic: Stay Safe On The Highways

Don’t Be A Statistic:  Stay Safe On The HighwaysWhether you’re commuting each day from a distant suburb or you’re driving down to your summer home to avoid the chilly northern winters, highway driving is a regular occurrence for millions of Americans. Perhaps because it’s so common we’ve become desensitized to the dangers we regularly face when going 60 miles per hour or more even on a divided road where you’d have to rumble through a ditch or ram through a concrete divider just to have a chance at crashing into oncoming traffic.

Of course, even if you don’t have to worry about that particular problem, the sheer speed involved in highway accidents make them more likely to be fatal than a low-speed collision at a stoplight or on a neighborhood street. In 2013, over half of all fatal motor vehicle crashes occurred in rural areas, and this trend is consistent through the years. What follows are a few tips on how to stay safe the next time you spend a few hours moving at high velocity.

Take A... full post

Haste Does Not Make Waste: Get Legal Help Now

Haste Does Not Make Waste:  Get Legal Help NowThe idea behind the idiom “haste makes waste” is that if you act too quickly you may skip over an important detail or else lose track of something important. However, while there are plenty of things which you should definitely perform with care and deliberation, consulting with a legal professional after an accident or other personal injury should not be one of them.

The Benefit Of Professional Help

When you get in an accident or you start to feel sick, and the pain is serious, you visit a hospital or your doctor right away to find out what’s wrong with you. If one of your appliances stops working, you call a repair technician. If your car starts making funny sounds, you call a mechanic. If you get into a serious disagreement over an accident or another sort of personal injury, why then would you not call a personal injury lawyer?

Contacting a lawyer does not have to be a “nuclear option” that signals that you’re ready to bring your disagreement to... full post