Dog Bite Liability

At some point in time just about everyone will have an experience with a dog that bites them. Be aware that every state has a different dog bite liability law.

To say that every state has its own dog bite laws and none of them seem to have too much in common, except the outcome (the bite), is a bit of an understatement. In most cases the existing laws happen to be a mish mash of statutory law, city ordinances, common law, case law and county ordinances. Despite the general over all confusion, most of the laws may be divided into one of two categories – the strict liability rule and/or the one bite rule.

You may have heard of the one bite rule, as many people are familiar with the expression, "The first bite is free." What this means is that the owner can't be held liable for injuries caused by his dog’s bite, as long as the owner wasn't negligent in controlling the dog. As you may imagine, this would be an area wide open for dispute by both parties in such a case. Call it the "he said, she said" rule of dog bite lawsuits.

There are other things that come into play in cases like this. Aside from the negligence issues, the owner must not have allowed the dog to run loose in a public location and they need to be aware of their dog's "propensity" to be dangerous. This too is a landmine area, as many owners deny their animal would hurt anyone – even if their dog isn't an angel – when faced with proof showing otherwise.

How do people realize or recognize that their dog has a tendency to be vicious/dangerous? In most instances, there are signals that owners should be able to spot as being problematic. For instance, their dog snaps at other people or animals, or they put a muzzle on their dog. A muzzle, however, isn’t always indicative of an aggressive dog as some owners muzzle their dogs to stop them from eating sticks, etc. It's a logical conclusion that the dog is likely dangerous if the owner makes it a point to tell others their dog is an attack dog or mentions their dog bites.

When it comes to the strict liability rules, this is a different can of worms. Strict liability, which is also called scienter (knowingly), says the owner is responsible for a dog bite injury whether or not the bite was the first, since they own the animal. In simpler terms, it means the owner owns the dog (legally) and therefore is responsible for it, which would include being responsible for its behavior.

Of course there are some exceptions to this strict liability rule as well, and if you are in a dog bite situation, it's better to talk to a competent attorney about your case, rather than second guess what the law may or may not be.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Complicated Product Liability Claims

It's odd, but there are still many people who don't understand the issues involved with a product liability claim. Many are unaware of the dangers they face using poor quality products.

In this day and age when everyone needs to save money, there is a tendency to buy lower quality, or substandard items. While the item may work for a short period of time, it is virtually guaranteed not to have the kind of shelf life we would like it to have. Aside from the fact that the product likely won't last that long, the other silent threat is that the substandard quality of that product may cause the users injuries.

The U.S. Consumer Product Safety Commission's statistics indicate that over 20,000 people die annually due to using defective products. If that number isn't disturbing, then the close to 30 million individuals injured for the same reason should make you sit up and take notice. A significant number of those injured did choose to file defective product lawsuits to claim damages for their expenses, etc.

Flaws could be as simple as a faulty screw that holds a chair together or as severe as a short in the wiring of an electric appliance or tool, causing the product to explode. Sure, there may well be warning labels on the products, but the truth is that many people don't take the time to read the labels. Even with a warning label, accidents can and do happen.

Just because something went wrong with a product you were using and you were injured, does not mean that product liability laws will cover all those injuries. An important factor to understand in product liability suits is that if you mishandled or didn't use the product the correct way, it may mean you are not eligible for compensation.

If you are in a situation where you have been injured by using a poor quality product, take a moment to call a skilled defective product attorney and ask about the merits of your case. S/he will advise you, based on your circumstances, if you have a solid enough case to proceed to court.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio. To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

Law Enforcement Excessive Force

We're all fairly familiar with the term police brutality, however some people are laboring under the misapprehension that there is nothing that can be done about it.

"There is recourse available in law if someone has been the victim of police brutality or misconduct," said Robert Webb of Webb & D'Orazio, in Atlanta, Georgia.
In situations like this, contacting a well-trained attorney with experience in this area will make all the difference in the world to the eventual outcome in court. Yes, justice will be done, as even the justice system itself does not take kindly to such brute force acts.

There is a fine line between what is considered to be misconduct/excessive force and necessary force in order to deal with or subdue a suspect. Cases like this tend to be complex and evidence or eyewitness reports are crucial to make or break a case. "These kinds of cases may also deal with police officers that have abused their authority and in doing so, mistreated the people they protect and serve," added Webb.

While there are many theories why these kinds of situations arise, the most prevailing happens to be that police form a closed society, an "us versus them" mentality. "Being that they feel isolated from the rest of society and are in a position of authority, the alienation felt often drives some officers to disregard the rules and regulations everyone else is required to follow," added Webb.

There are a variety of areas where police misconduct may take place, for instance in a jail setting, the use of racial profiling, false arrests, excessive use of force when other alternatives would have been more appropriate, improper or illegal searches, and sexual abuse. The question is how frequently these kinds of behaviors manifest themselves. The answer seems to be highly disturbing.

Thanks to the ever-present cell phone with video capabilities, many more officers have been caught doing something they really should not be doing. While this may mean today's society is under more pressure and therefore the police react accordingly, it may also mean this behavior was more common than initially thought, but just not seen. "Suffice it to say that the taped evidence is finding its way into court and justice is done," commented Robert Webb of Webb & D'Orazio, in Atlanta, Georgia.

If someone feels they have been the victim of police misconduct, approach a skilled lawyer and consult with him or her about proceeding to file a police brutality claim that will see the light of day in court.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.

A Tort or Two

A tort is an injury that falls under Tort Law. For injuries incurred under Tort Law, plaintiffs would be dealing with a personal injury lawyer.

A tort is really classified as a civil wrongdoing that may be punished in court, and in most cases the aim of taking a tort to trial is to recover damages for the harm done and to deter/stop others from doing the same thing. "The most recognizable torts are negligence, product liability, battery and assault, trespassing, and the intentional infliction of emotional distress," outlined Robert Webb of Webb & D'Orazio in Marietta, Georgia.

There is a fine dividing line between the tort categories that most tort (personal injury) lawyers adhere to – strict liability torts, intentional torts and negligent torts. Proving each of the cases in the various categories is the lawyer's job based on the skills acquired from years of practice in this area.

"In general, an intentional tort means the defendant knew the consequences of their actions before the tort was committed. The best example here would be vandalism, where the perpetrator would have a certain goal in mind – e.g. to paint the bridge with swear words – and then carry out the deed," said Webb.

A negligent tort is a bit different. It is something that happened to a person or a thing as a direct result of the defendant's actions. For instance, if someone runs a red light on the spur of the moment, it wasn't an intentional act against a particular person. However, the resulting crash harms others.

Torts that lie in strict liability refer to selling and manufacturing defective products. In cases like this, the defendant is solely judged on the basis of damages caused to someone who used the defendant's defective item. "These cases are complex and a great deal of evidence is required to prove the case. Generally speaking the proof must be in one of three defect categories," explained Robert Webb of Webb & D'Orazio in Marietta, Georgia.

The first defect category is design defect, meaning the particular defect was there before the product was created. Manufacturing defects speak to the product quality that is defective because of a construction flaw. "Marketing defects mean the instructions to use the product are flawed which means the product is misused and may cause injury," added Webb.

To learn more about Atlanta personal injury lawyer, Atlanta personal injury, Atlanta business law, Atlanta criminal defense visit, Webbdorazio.com.