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Animal bite laws most often include provisions referred to as “one bite free” or “one bite rule.” Even in states that do not have a specific one bite free rule as such, the one bite rule is a standard element of common law, used to establish an owner's liability for his or her dog's aggressive behavior
The “one bite free” rule recognizes that dogs can be unpredictable, and the first time a dog bites someone, it is not necessarily the owner's fault. After the first bite, however, the dog owner is assumed to be aware of the dog's propensity for aggression, and obligates the animal owner to take precautions to prevent any further such behavior.
Despite the name, states that have “one bite” rules do not prohibit claims against dog owners for injuries. “One bite free” rules and guidelines simply establish higher standards of proof to establish the dog owner's liability the first time his or her dog bites someone. On the other hand, “one bite free” rules make it far easier to establish owner responsibility for any subsequent bites.
Under “one bite free” rules, the victim must establish that the owner either knew or should have known about the dog's aggressive tendencies, or that the owner was negligent in his or her care and control of the dog
Some of the factors that may help establish responsibility include the following:
A South Dakota/Wyoming/Nebraska dog bite lawyer familiar with the laws and guidelines in your area may be able to locate evidence establishing owner responsibility even in cases where no previous aggression has been reported.
Whether this is the first time a dog has bitten someone or not, it is important to gather as much information as quickly as possible, in order to establish who is responsible for the damages inflicted by the dog bite. Witnesses and others familiar with the dog and its owners must be interviewed, evidence must be gathered, and a case must be clearly outlined to establish who is responsible under the guidelines in your jurisdiction.
An experienced personal injury attorney, familiar with the rules and guidelines of dog bite cases in your area, can offer the guidance you need to make your strongest case and establish clear responsibility for your injuries.
Each year in the United States around 1,000 people are killed from about 3,000 train accidents. On average, a train hits either a car or a pedestrian at a railroad crossing every two hours. Railroads can be found liable for injuries to paying passengers and motorists or pedestrians hurt through the negligence of the railroad.
The railroad companies are considered “common carriers” and are held to higher standard of care than most organizations. This makes it is easier to prove a case of negligence against a railroad because a slight degree of negligence can result in the award of damages.
Railroad crossings are the location of over 96% of train accidents. It has been shown that railroad crossings with no gate are seven times more likely to be the scene of an accident as compared to those with crossing
Railroads are also responsible for using the appropriate amount of care when a train is approaching a crossing. The railroad is responsible for maintaining unobstructed views at crossings for both the train’s operator and anyone attempting to cross the tracks.
It is the duty of the railroad to keep the trains in good working condition. Railroad rules require having the headlight on their brightest setting and sounding the bells for 1/4 of a mile before a crossing. Trains must be operated at appropriate speeds, with appropriate cargo loads. The railroads must ensure appropriate traffic levels, as the safe operation of the trains. When a railroad company disregards any of these factors, it can contribute to a case of negligence against the railroads. As a defense, the railroads often look for contributory negligence by the victim of an accident. It is the responsibility of drivers approaching a crossing to stop 15 feet before the nearest rail and treat a crossing rail just like a red light. Even in cases of contributory negligence, the railroad can be held liable for their part in the accident.
Victims of train accidents can recover damages for pain and suffering, medical expenses and lost wages in the past and the future. In addition, the court may award punitive damages as punishment to railroad for its negligence. In many instances, railroad companies will attempt to have victims sign a settlement shortly after the accident. It is important to seek the advice of an experienced attorney before signing anything, because it is hard to foresee all the expenses that might arise from an injury immediately after the accident.
It is always a good idea to seek advice from an attorney, as soon as possible, after an accident. There are statutes of limitations affecting how soon after an accident a claim must be filed. Railroad accidents involving a train operated by the government have an even shorter time for filing.
Most swimming pool injuries occur because of improperly designed and constructed pools, failure to properly secure a pool from small children, and failure to maintain the swimming pool in good condition. Property owners may be found liable if their negligence leads to injury or death.
Moore Faust Injury Law Group have represented numerous families and individuals that have suffered severe injuries or death in a swimming pool. Our aggressive personal injury lawyers are dedicated to achieving the best possible results for seriously injured victims and their families. Contact us today for a free evaluation with an experienced swimming pool accident attorney.
Copyright © 2023 MooreFaust - All Rights Reserved. A P.L.C. Moore-Faust Injury Law Group is a South Dakota Professional Law Corporation of Lawyers (Attorneys) registered with the South Dakota Secretary of State, practicing primarily in South Dakota, limiting their law practice primarily to claims against insurance companies, negligent individuals, and entities arising out of automobile accidents, truck accidents, bus accidents, pedestrian accidents, slip / trip and fall accidents, and wrongful death claims. A P.L.C. Moore-Faust Injury Law Group does not provide services relating to the diagnosis or treatment of injuries and their services are not endorsed by any medical doctor or doctors.
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