Monthly Archives: October 2015

How Prevalent are Dog Bite Accidents?

If you or a loved one is injured from a dog bite, you may be able to recover compensatory damages for your losses.  Like car accidents and slip and fall cases, the purpose of a damage award is to compensate the injured party with money, with the intention of making him whole.   But, how prevalent are dog bite accidents?  Are they as common as car accidents, for instance?  The statistics might surprise you. Dog bite statistics may be frightening According to the Centers for Disease Control, more than 4.7 million dog-bite incidents occur in the United States each year. Of those 4.7 million, approximately 800,000 victims seek medical attention. Half of those victims are children.  Other reports indicate that every day, approximately 1,000 U.S. Citizens seek emergency medical treatment for dog bite accidents.  A study published by the Agency for Healthcare Research and quality in 2010 indicated that the number of individuals hospitalized in the U.S., for dog bite injuries, has doubl
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Can Faulty Shoes Cause Personal Injury?

When it comes to slip and fall personal injury cases, proving responsibility can be a big challenge.  Especially with large businesses like Wal-Mart, negotiating with insurance companies can be extremely difficult.  Not to mention, for example, Wal-Mart’s policy of fighting personal injury lawsuits all the way to trial.  But, in New Mexico earlier this month, there is a new type of personal injury case facing Wal-Mart.  It raised the question, can faulty shoes cause personal injury?  If so, who is liable? The man with the faulty shoes In Badilla v. Wal-Mart, a man claimed that he purchased a pair of shoes from Wal-Mart which came apart at the soles.  This defect, he alleged, caused him to trip and injure his back.  In the lawsuit, he alleged a breach of an express and implied warranty that Wal-Mart makes for its goods. Slip and fall versus products liability The Badilla case is an example of a products liability, despite the fact that the shoes made him trip.  The laws gover
http://www.cottrelllawoffice.com/can-faulty-shoes-cause-personal-injury/

Common Motorcycle Accident Scenarios

Motorcyclists are well aware of the serious risks of being involved in potentially catastrophic accidents.  A recent motorcycle accident in San Diego demonstrates how, even the most careful motorcyclists can suffer debilitating injuries.  A San Diego City College student lost a limb after being struck by an automobile while on his motorcycle.  So, what can motorcyclists do to avoid such injuries?  Being familiar with some of the common motorcycle accident scenarios may be a first step. When a car turns left in front of you One of the most common accident scenarios occurs when a car unexpectedly turns left in front of a motorcyclist.  Automobile drivers often have a tough time estimating the speed of a motorcyclist, or simply do not see a motorcycle on the roadway at all.  The trick to avoiding these types of accidents is to pay attention to the other drivers around you.  If you can anticipate the potential accident, you may be able to adjust your direction and speed, in order t
http://www.cottrelllawoffice.com/common-motorcycle-accident-scenarios/

The Difference Between Aggressive Driving and Road Rage

The media coverage over the last few years has highlighted the rise in rude, obnoxious and even hostile drivers on the roadways.  Horns blowing, offensive gestures, cursing have all become an expected part of the daily commute for some people.  While the media has labeled this offensive behavior “road rage,” it should not be confused with the concept of “aggressive driving.”  Aggressive driving and road rage are often used interchangeably, however, they are two very different types of behavior. What is aggressive driving? The term “aggressive driving” is actually a legal concept that describes a category of traffic offenses.  These offenses can include following too closely, speeding, unsafe lane changes, failing to signal intent to change lanes, and other forms of negligent or inconsiderate driving. Typically, aggressive driving is seen in the midst of traffic congestion, as certain drivers are probably already running late and they are determined to get where they ar
http://www.cottrelllawoffice.com/the-difference-between-aggressive-driving-and-road-rage/

I Was Bitten by a Dog – Who Should I Sue?

There are state laws that determine who is liable if you are bitten by a dog.  That liability is typically based on who was responsible for supervising the dog and whether or not that individual knew of any propensity the dog may have had to bite or otherwise be aggressive.  While it is most common that the owner of the dog will be held responsible for any resulting dog bite injuries, there may be situations where liability may point to someone else. Determining who should be held liable The facts of each case are always different. So, depending on the particular facts surrounding your dog bite injury, there may be more than one person who can be held liable.  The first step, however, is determining the theory of liability that is followed in your state.  Some states impose “strict liability,” which means the only proof you need is that the dog cause your injury.  If “strict liability” is not followed in your state, then you may need to establish that the dog’s owner kn
http://www.cottrelllawoffice.com/i-was-bitten-by-a-dog-who-should-i-sue/