Currently Browsing: Personal Injury

When Fido Bites, Fido’s owner is in the Bag in Kentucky

Kentucky has a strict liability rule when it comes to dog bites. Strict liability means that the dog owner is liable if a dog causes injury even if there is no history of aggression prior to the incident, and the dog owner took reasonable measures to keep the dog under control. Essentially, this means the dog bite victim does not have to prove that the owner was negligent o make a claim.

This is a significant departure from the usual personal injury requirements as described under Kentucky Statutes § 258.235(4). According to the website of the Sampson Law Firm in Louisville, the owner is automatically liable for dog bite injuries simply for owning the dog. This makes it easier for a dog bite victim to make a claim for personal injury or damage to livestock or other property.

The dog does not even have to actually bite a person for the law to take into effect. If the dog knocks down the mailman and the mailman hits his head on the curb, the dog owner is still liable for the head injury even though no bite occurred.

Kentucky law does not allow the usual defenses used by dog owners for dog bite claims such as provocation, or trespassing. However, state courts do follow the pure comparative negligence rule which does allow the defendant to reduce any damages awarded to the plaintiff by the degree of fault of the victim. For example, if the jury finds that the victim was trespassing when the bite occurred, it could find the victim 80% at fault. As such, if the jury awards $10,000 in damages, the defendant will only have to pay $2,000. If the victim was completely innocent, however, the damages has to be paid in full by the defendant.

It is relatively simple to file a dog bite lawsuit in Kentucky if you act quickly. If you were bitten or otherwise sustained serious injury because of a dog, you can hold its owner liable for your damages. In Kentucky, the statute of limitations for filing a dog bite lawsuit is one year. Consult with a personal injury lawyer in Kentucky as soon as possible.

Abuse in Nursing Homes

One of the most common things about a lot of abuse cases is that they are never reported until it is too late. Why is that? Simple, really. The abused are far, far too frightened of retribution from their abusers. Their abusers can fight back, can hurt them even more – and they think if they succumb and submit to their abusers’ will, then everything will be okay… eventually. Maybe.

No matter whom the abused are or who the abusers are, this mentality can remain true – especially if the abused are those who can barely fight for themselves. For children, this can affect how they grow up and, with the right kind of upbringing and opportunity; these kids can grow to be better from the experience. There is something more appalling about abusing the elderly because 1. They are no longer physically capable of caring for themselves by themselves, let alone defending themselves and 2. They are already at the end of their line. There is no growth to be had for those who have already lived a whole life.

Putting an older relative in a nursing home can be a daunting thing to do and it is a sensitive issue. Sometimes, however, it is for the best as they should be able to care for your loved ones more effectively and efficiently than you could. According to the Sampson Law Firm, however, that it is unfortunate how there are many nursing homes that do not provide the appropriate standard of care that is entrusted upon them upon their ward’s admission.

A proper nursing home should have the right kind of facilities and tools available as well as a sufficient, well-trained staff on board. The need of every person in their care has individual, unique needs that must be catered to. Overall, the nursing home should prove their elderly charges with a quality of life that is expected of them, that is their responsibility as a nursing home.

If you and your loved ones have experienced malpractice or negligence from an abusive nursing home, it is recommended for you to seek legal aid immediately. Nursing homes are often in league with insurance companies who might opt to just let the case disappear instead of letting a costly justice reign. Don’t let the abused die quietly and seek the justice that they can no longer fight for themselves!

Defining Unseaworthiness under Jones

The Merchant Marine Act of 1920 or the Jones Act was enacted by federal legislators in order to fill the gap in employment law when it came to protecting seamen against work-related injuries. Prior to the Jones Act, a seaman was not entitled to workers’ compensation under any federal or state when they get injured even when it was caused by the employer’s negligence. One of the ways that a seaman can recover damages is if the vessel is proven to have been unseaworthy.

A maritime employer is required under the Jones Act to provide their workers with a workplace that is reasonably safe and must take ordinary care to keep the vessel in good shape. There are strict guidelines that an employer must follow in order to avoid liability for even the slightest indication of an unsafe workplace. These include but not limited to:

  • Poorly maintained equipment
  • Oil or greasy on the deck
  • Lack of the appropriate tools and equipment needed by workers to perform their tasks
  • Inadequate or improper training of the crew

Under the Jones Act, the burden of proof on the plaintiff is much lighter. Under a standard personal injury case, the defendant is only help liable if their negligence is the proximate or main cause of the injury. In maritime cases invoking the Jones Act, the plaintiff merely has to prove that the defendant was at least partially responsible for the injury, no matter how slight.

When a plaintiff claims unseaworthiness of the vessel on which the injury occurred, it refers to the definition under maritime law which refers to a vessel that is not a safe place for the seaman to work. This may be due to the environment or the lack of suitable and safe equipment with which to do their work. The vessel need not be in danger of sinking or unable to set sail to be deemed unseaworthy under maritime law.

Under the Jones Act, the ship owner has the absolute and sole duty to maintain a seaworthy vessel for the safety of the crew. Failure to fulfill this duty renders the ship owner liable for a maritime injury lawsuit.

Here Are A Plethora Of Tips And Tricks For Personal Injury Case Success

Taking legal action is a good option if a personal injury has significantly impacted your life. Personal injury cases are quite common. If you are injured, there is a possibility that you are owed some form of compensation. The tips below should offer some insight into your situation.

Asking for a referral for a reputable attorney from a family member, friend, neighbor or colleague is a great way to find a personal injury lawyer. If you can find someone who has gone through a personal injury case, he will be able to help provide you with valuable information including how he found his attorney and how their court case went.

Seek medical attention. If you find yourself injured, see a doctor as soon as possible. In addition to being good health advice, you will need the doctor’s diagnosis and paperwork from your visit as evidence. Make sure you document everything, and keep copies for yourself. Failing to get medical attention after an accident or injury can actually reduce the award amount in a personal injury case.

There is no rush, so slow down when seeking out a personal injury attorney. Take your time and check out all of your options. You should do your research, both in person and online. The more time you take to select the best lawyer, the more likely you are to truly get the best.

Bring all of the necessary paperwork to your initial consultation as this is very important for your personal injury lawyer to develop a solid case. Make copies of each of these documents too, as you will want to have one just in case. This puts you in the best position to team up with your lawyer and win.

You may find that winning a personal injury case can help you to be less stressed out because you’ll be able to afford your bills. Being able to free yourself of the financial burden the accident has caused is quite liberating. Use the above advice to make sure they are held accountable so you can receive the money you deserve.

Next Entries »