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Personal Injury
- Superior Court Holds that Restitution Is Not Covered By Insurance
- Jury awards $20.5M Obstetrician, CMC held liable in botched birth
- Consumer, plaintiffs' groups seek to end limitations on lawsuits
- U.S. House Report Further Confirms Bush Administration’s Preemption Plot
- Hedge clipper manufacturer not liable for landscaper's loss of fingers, says jury
- 1.6 million cribs recalled after 2 infant deaths
- Bush Rule Changes Could Block Product-Safety Suits
- Forty-one of the fifty-one rules proposed by NHTSA and FDA Contain Federal Pre-Emption Language
- Top Ten Jury Verdicts of 2007 are 25% lower than 2006
- Hidden Cameras Catch NY Nursing Home Abuse
Premises Liability: The Slip and Fall
- New case law on slilp and fall on icey sidewalks owned by a City
- Worker who lost leg in construction accident receives $13M
- Boy blinded in ATV rollover gets $6M settlement
- ELMIRA ATTORNEY CONTINUES TO INVESTIGATE OUTBREAK OF LEGIONNAIRES’ DISEASE AT THE FLANNERY TOWERS
- Drunken man paralyzed after fall down stairs gets $17M
- Skiier Injured Exiting Chairlift Did Not Assume Risk
- Former pro football player gets $1.1M for fall in store
- Family of resident who died from sepsis awarded $2M
- Hotel guest injured when chair broke awarded $550,000
- Concierge gets $3.78M for fall at hotel
Workers' Compensation
- New post on the Pa Work Injury Law Blog about what to do when you're laid off
- New post on the Pa Work Injury Law Blog regarding unreasonable contest attorneys fees
- Surprising change in Workers Compensation Medicare Set Aside practice and procedures
- Employee Free Choice Act-- Funny Video
- Conveyor's designer pays $1.4M to man whose arm was snared
- I'm in the news....
- Anti-Union Sentiment in Religious Institutions
- Pennsylvania Workers' Compensation Judge Book
- The Defense Base Act Protects American Workers Injured in Iraq and Afghanistan
Vehicle and Automobile Accidents
- SUV's Not Safer for Kids
- Sharply curved highway ramp isn't unsafe, New York judge rules
- Lackawanna County Court Denies POs To Separate Tort and UIM Claims in Post-Koken Case
- Investigating Yamaha Rhino
- Fatal crash caused by tractor-trailer yields $29M verdict
- Pennsylvania Supreme Court Holds That UIM "Other Insurance" Clause Is Void
- Court Denies Unopposed Motion to Dismiss in Lawsuit Arising out of Uninsured Motorist Claim
- Sayre Borough: Improving pedestrian safety
- Superior Court Holds Cab Driver Not Entitled To Underinsured Motorist Coverage
- Defendants agree to pay $2.9M for driver struck in intersection
General
- DOJ study finds plaintiffs won state court civil trials over half the time.
- Jury finds Unum committed fraud in some long term disability cases
- Web site rates hospitals on specific medical procedures
- First female Judge in Bradford County History
- No cough or cold medicine for kids under 4
- The question of merit selection of appellate Judges in Pennsylvania
- Whole Foods recalling possibly contaminated beef
- Study finds settling is better than going to trial
- New Consumer Safety Legislation
- Emergency Unemployment Compensation
Legal News
Death Benefits Not Mandatory for PA Car Insurance
Bradford County: Judge Beirne presiding
Pennsylvania Senate confirms Beirne as Bradford County judge
Local unemployment is on the rise
Attempts to unionize Proctor and Gamble's Mahoopany Plant
Armenia mulls banning ATVs on roads
Bradford County Court in the News
Athens lawyer attends conference
Legal Library
Personal Injury
- Secrets Kept From Juries In Personal Injury Cases
- Health Plan Sues Accident Victim to Recover Entire Settlement Recovery
- Schizophrenia and Traumatic Brain Injury
- Filing a Wrongful Death Lawsuit in Pennsylvania and New Jersey
- Eight Things You Should Know About Pursuing An Injury Claim
Premises Liability: The Slip and Fall
- Supermarkets Especially Prone to Slip and Fall Injuries
- Dog Bites
- New Pennsylvania Superior Court Case on Dog Attack
- If You Have Been Bitten or Attacked by a Dog, Then You Need to Read This Article
- How to Make a Claim for Injuries Due to a Dog Bite-Part I
Workers' Compensation
- Filing Your Mesothelioma Law Suit - Frequently Asked Questions
- Do you really have to see the company doctor? Exploding the Myth of the 90 Day Rule
- Flow of a Pennsylvania Workers' Compensation Claim
- Employment Accidents -- An Overview
- Former Welder's $1 Million Verdict Will Stand
Vehicle and Automobile Accidents
- Crashworthiness: A Legal Doctrine
- The Common Causes of Truck Accidents
- Traumatic Brain Injuries Associated With Motorcycle Accidents
- A Basic Understanding Of Car Accident Cases
- Common Insurance Company Arguments
Newsletters
General
If You Have Been Bitten or Attacked by a Dog, Then You Need to Read This Article
In my last article, "How to Make a Claim for Injuries Due to a Dog Bite," we discussed some basic laws and other practical issues such as how homeowner's or renter's insurance protects dog owners in these types of situations and provides compensation to those persons who are hurt by dogs.
Now, I would like to provide you some more specific information about the current state of the law surrounding dog bites and things you need to know if you intend to pursue a claim for injuries sustained in a dog bite or attack.
As discussed in the last article, in order to successfully recover compensation (or money) for injuries due to a dog bite, you must show that the dog owner or custodian's behavior was negligent or unreasonable.
Many people often ask me whether certain breeds of dogs, like rottweillers or pit bulls, are automatically considered dangerous by the law and if such dogs bite or attack are their owners or custodians automatically negligent.
Surprisingly, the answer is no, even though many animal experts feel that certain breeds of dogs are more dangerous or more vicious than others.
According to a study recently completed by Merritt Clifton, editor of Animal People, Pit Bulls, Rottweilers, Presa Canarios and their mixes are responsible for 74% of attacks as a whole and 68% of the attacks upon children.
In his study, Mr. Clifton states, "Pit Bulls and Rottweilers are dogs who not only must be handled with special precautions, but also must be regulated with special requirements appropriate to the risk they may pose to the public and other animals, if they are to be kept at all."
Despite the opinions of these experts, almost all local ordinances have specifically stated that a dog is not vicious or dangerous just because it is a certain breed.
As an example, the Fairfax County Code, states "no dog shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor is a particular breed of dog prohibited."
Also, the Prince William County Code has no per se rule, which labels a certain breed of dog to be dangerous.
Another frequently asked question is whether the law will consider the dog owner to be at fault for his dog's behavior if the dog is running off the dog's property without any sort of restraint.
The answer to that question is yes.
Most local ordinances require dogs to be leashed when off their property and/or to be maintained on their property by either a fence or some other obstruction.
Generally, the wording of these local ordinances is that "no dog shall run unrestricted." The word "unrestricted" has been defined as meaning not under the control of the owner or his custodian either by leash, cord, chain, electronic device or primary enclosure when off the property of premises of the owner or custodian.
If an owner allows his dog to run unrestricted, then the owner or custodian is negligent as a matter of law whether or not the owner had knowledge that the dog had previously bitten someone or exhibited prior dangerous behavior.
The law controlling dog bite/attack claims is very complex and I urge you to keep your eyes open for the next installation in this series, which will hopefully continue to educate about the law and how it may apply to you or someone you love who has been bitten or otherwise injured by a dog.
James Parrish is a former insurance defense lawyer who now represents injured persons against the insurance industry. He uses the "Inside Information" he learned while defending insurance companies to the advantage of his clients and has recovered millions of dollars in judgments and settlements for them. http://theparrishlawfirm.com http://accidents.theparrishlawfirm.com
Quick Contact
Carroll & Carroll, P.C.
100 Center Street
Athens, PA 18810
Phone: (570) 882-8683
FAQs
Personal Injury
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Workers' Compensation
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