Mediation has become the most popular means of settling cases. It is a form of alternative dispute resolution (ADR). A mediator is a neutral. She is usually an experienced lawyer or retired judge, with subject matter expertise in the type of case being mediated. The parties usually share the cost… CONTINUE
Should I settle my personal injury lawsuit if I am still injured?
A personal injury defense will virtually never agree to a settlement in the form of both a lump sum and a blank check for future medical treatment. Because my firm commonly deals with significant and catastrophic injuries, we’re normally forced to make big decisions about settlement versus trial while our… CONTINUE
Dog Bite: Criminal Acts and Homeowner’s Policies
Most homeowners’ policies specifically exclude criminal acts and intentional acts. So, the insurance company would likely assert that it is not responsible. Whether the insurance company prevails in that situation would really depend on the facts of the case. For example, if the insurance company insures your Rottweiler and it… CONTINUE
In cross examination from the defense attorney, is that sometimes painful for the victim? Is it invasive, or do defense attorneys not go there for fear of alienating the jury?
It’s depends on the case and the style of the defense attorney. We must respect that a criminal defense attorney has a duty to be a zealous advocate for the accused, and that the accused is presumed innocent. Still, it is very traumatic for a victim to be confronted by… CONTINUE
Does California Penal Code 399 apply to people who are subject to those cases where you sue for punitive damages, such as people who have dogs that have bitten multiple times?
Yes. The words “dangerous animal” do have a legal connotation. “Dangerous animal” normally implies that the animal has a known dangerous propensity; either because it is wild in nature, or because it has a history of vicious behavior.
Dog Bite: Trained Attack Dogs and Civil Code 3342
There are extreme circumstances where one is attacked by a dog who is specifically trained to fight and attack. You’ll remember that Michael Vick, who is still a quarterback for the NFL, was involved in a ring of dogs trained to fight for sport. So, if you’re attacked by a… CONTINUE
Homeowner’s Policy Exclusions and Animal Attacks
In San Francisco, it’s illegal to own livestock, but it was very popular at one point to have miniature pigs as house pets. Let’s say I’m attacked by livestock that isn’t owned legally? What does the case look like, how is it different, and what is the insurance company going… CONTINUE
Dog Bite: What is Your Advice to Those People Who Have Been Injured by a Friend’s Pet But Don’t Want to Harm the Friendship by Pressing Charges?
Responsible people purchase insurance for a reason. We want to be insured in the event that something accidental happens on our property. Just as we are insured for negligent driving and possible defects on our property, we are insured in the even our dog, for whatever reason, bites a guest… CONTINUE
Are Chemical Burns Unique from Other Burn Injuries?
Chemical burns typically result from exposure to a product. When this happens, our aim is to determine if the burn was caused by a defect in manufacturing or design of that product. In the event that errors in manufacturing or design are to blame, it is a strict liability case,… CONTINUE
Electrocution Burn Injury
Electrical burn injuries are relatively uncommon and usually happen in occupational settings. But, when they do occur, injuries caused by electrocutions can be lethal or extremely serious depending on the source of electricity and the amount of voltage that is generated within the current that causes the injury.
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