The post Dog Safety for Kids appeared first on Janicek Law.
]]>To prevent dog bites before they even happen, parents should teach their children how to act around the family dog as well as other dogs they may encounter. In this blog, we’ll delve into the topic of dog safety for kids, which can aid in preventing dog bites among children.
If your young child has been bitten or attacked by a dog, you may be able to recover compensation on behalf of your child. The San Antonio dog bite lawyers at Janicek Law can help you seek justice for your child and hold the dog owner responsible for their negligence. Your family’s well-being matters to us, and we’re here to assist you in any way we can. Call us at 210-366-4949 to schedule a free case evaluation with one of our experienced San Antonio personal injury lawyers.
While there isn’t an exact number on how many children are bitten by dogs each year, the number is estimated to be around 2 million. According to a 2022 study, dogs are most likely to bite school-aged boys, and most dog bites occur during the summer months. Another study found that 33% of all dog bite fatalities in 2019 were children under the age of 18, with the majority being under the age of 10.
Dog bites and attacks can cause serious injuries, especially when the victim is a child. That’s why parents need to teach dog safety to their young children. Teaching your children about dog safety can ensure that they respect dogs and their personal space, which can help prevent dog bites before they happen.
Teaching children to be gentle with dogs is crucial in preventing dog bites. Emphasize the importance of not pulling ears or tails, poking, or roughhousing with dogs. Encourage using a gentle touch and remind them that dogs have feelings too. Show them how to pet a dog gently, using slow and calm movements. Always supervise interactions between young children and dogs to ensure they are being gentle and respectful.
Teaching kids how to approach a dog safely is another great way to prevent potential dog bites from both familiar and unfamiliar dogs. Instruct them to ask for permission from the dog owner, whether that be you or someone else. When given permission, they should approach slowly, avoid sudden movements, and hold out their hand for the dog to sniff before attempting to pet.
If you or your child has treats for the dog, teach them the best way to give the dog a treat. Teach them to place the treat in the middle of their palm, rather than between their fingers, which can prevent bites. Additionally, if the dog is larger than the child or very excited, have the child toss treats to the dog instead.
You should also teach children when to avoid approaching a dog. Approaching dogs that are eating, sleeping, or caring for puppies can make them more defensive and more likely to bite.
Meeting an unfamiliar dog can be risky, so it’s important to show children how to handle these situations. Encourage them to always keep a safe distance from an unknown dog unless they have received permission from the dog owner or dog walker to approach. Remind them not to stare directly into the dog’s eyes, as this can be seen as a threat.
If they are approached by a strange dog, instruct them to stand still, with their hands by their sides. If a dog approaches and seems friendly, they can gently extend their hand for the dog to sniff, but they should never reach over the dog’s head or try to hug the dog, as this can be intimidating.
One of the most critical aspects of preventing dog bites in children is never leaving them unattended, especially in the same room with dogs. Dogs, no matter how well-trained or familiar they are with the child, should never be left alone with younger children. Even the gentlest of dogs can react unpredictably when startled or provoked.
Always supervise interactions between children and dogs closely to ensure the safety of everyone involved. If you can’t supervise your child and your family dog at a given time, place the dog in another room, in a crate, or behind a dog gate to keep the dog and child separate.
If you own a dog and have visiting children over, who may not know how to safely interact with dogs, separate the dog from the children if you can’t provide them with constant supervision. This vigilance can prevent accidents and misunderstandings that may lead to dog bites.
Another thing you should teach your children is to never run from dogs, whether they are familiar or unfamiliar. Running can trigger a dog’s natural instinct to chase, which can increase the likelihood of a dog bite. Children should be taught to avoid running away from a dog, even if they are afraid of the dog.
Teach children to stand still with their hands by their sides and stay calm, if they are ever being chased by a dog. Tell them to avoid making loud noises or sudden movements, and avoid looking into the dog’s eyes. Once the dog loses interest, they can slowly back away to safety and tell an adult.
Children should also be educated about the importance of respecting a dog’s personal space, which includes not grabbing their tail or any other body part. Pulling a dog’s tail can be painful and frightening for the dog, potentially causing them to react defensively.
Emphasize that dogs use their tails for communication and balance, and it’s essential to treat them gently. Teach children to avoid tugging, pulling, or otherwise bothering a dog’s tail to maintain a positive and safe interaction with their canine friends.
Another important thing that children should be taught is never to approach or bother dogs while they are eating. Disturbing a dog during mealtime can cause them to become aggressive and could lead to defensive behavior like growling and biting. Encourage kids to respect a dog’s space when they are eating and to give them plenty of room.
It’s also essential to remind children not to take food or treats away from a dog or out of the dog’s mouth. Teach your child that they should never tease dogs with food, as it can be very dangerous. By respecting a dog’s mealtime, children can reduce the likelihood of dog bites and maintain a positive relationship with their furry friends.
While you should teach your child how to behave around dogs, you can also teach your dog how to behave around humans with the help of an obedience class. Investing in proper pet obedience training for your dog is an excellent way to prevent dog bites in children.
Many dogs, once trained, are more likely to respond to commands, reducing the risk of aggressive or unpredictable behavior. If you are able to, enroll your dog in a reputable training program or work with a professional dog trainer to teach them basic commands like sit, stay, and leave it. If you don’t have access to professional training programs, you can always train your dog yourself, but note that this can take a lot of time, dedication, and effort.
Teaching your dog basic commands can be invaluable in controlling your dog’s actions around children and in various situations. You can also involve your children in the training process so they learn how to interact with the dog safely. This can teach them about basic dog behavior and allow them to better understand the importance of obedience and boundaries. Consistent training and positive reinforcement can lead to a well-behaved and safe family pet.
As an adult, you can–and should–separate a family dog from a child in situations where safety is a concern. While children and dogs can be the best of friends, there are instances when it’s essential to create a physical barrier between them.
Watch the dog’s body language. If the family dog shows signs of distress, aggression, fear, or discomfort in the presence of the child, it’s time to separate them. This can include growling, baring teeth, snapping, or a rigid body posture. Being able to read the dog’s body language can help ensure you are able to de-escalate the situation before your child is hurt.
Additionally, it’s crucial to separate them during mealtimes and when the dog is resting to prevent any inadvertent disturbances that could provoke a defensive reaction. Always prioritize the safety of both the child and the dog, and consult with a professional dog trainer or behaviorist if you’re unsure about your dog’s behavior around children.
When dog parents become the parents of a newborn baby, it’s important to introduce the dog and the child to each other correctly. Dogs are sensitive to changes in their environment, and the arrival of a new baby can be overwhelming for them. Luckily, there are steps you can take to protect your baby from harm.
To ensure a smooth transition, start by gradually acclimating your dog to the new baby’s scent. Bring home a blanket or item of clothing from the hospital with the baby’s scent on it before the actual introduction. You can also allow the dog to inspect the baby’s room before the baby arrives.
When it’s time for the first face-to-face meeting, keep the initial interaction calm and controlled. Allow your dog to approach the baby under close supervision, using a leash if necessary. Reward your dog with treats and praise for calm and gentle behavior. Remember, the dog may react differently to baby sounds at first and may take them as an invitation to play, so be sure to keep your dog calm.
It’s crucial to maintain routines, provide plenty of exercise and attention for your dog, and never leave them unsupervised with the baby until you are confident in their behavior. Keep the dog behind a closed door or baby gate to ensure that you are able to keep the dog separated from the baby when unsupervised. By taking these steps, you can help ensure a positive relationship between your dog and your newborn.
Yes, in certain circumstances, you can sue for a dog attack. Dog owners are responsible for ensuring that their dog is properly trained and/or confined to their property in order to protect others from harm. When they fail to do so, a dog owner can be held legally responsible for any injuries their dog causes.
Different states have different laws surrounding dog bite injuries, and Texas operates under what’s called the “one-bite” rule. This means that a dog owner can be held responsible for a dog attack if they were aware, or should have been aware, that their dog was dangerous. A dog can be considered dangerous if the dog has attacked someone before or if the owner has received notice from the court or animal control stating that the dog is dangerous.
If the owner knows that they have a dangerous or aggressive dog, then they are required to take certain precautions to prevent any future attacks. This can include keeping the dog confined to the owner’s property and keeping the dog on a secure leash when outside the premises. When they fail to do so, they put others at risk of harm.
If your child has suffered from an attack by a dangerous dog, and the dog was unprovoked, you may be able to file a liability lawsuit against the owner. This can help you recover compensation for damages like medical expenses and emotional distress. Our team of expert attorneys at Janicek Law can review your case and determine whether or not you are entitled to compensation based on your situation.
To many parents, nothing is more important than their child’s safety. While parents can teach their kids a variety of safety tips, they can’t always protect their children from harm. If your child has been injured as a result of a dog attack, the San Antonio child injury attorneys at Janicek Law are here to provide you with the legal support you need in order to seek justice.
All dog attacks can result in physical injuries, but children are extremely vulnerable to these kinds of attacks. That’s why we work tirelessly to represent the parents of young dog bite victims. Our dedicated team has a proven track record of holding negligent dog owners accountable and securing fair settlements for dog bite victims of all ages.
We also understand the physical and emotional toll that dog bite accidents can take, especially ones involving young children. We’re committed to providing families with compassionate and expert legal support throughout the litigation process.
Call us at 210-366-4949 or contact us online to schedule a free consultation with a member of our legal team.
The post Dog Safety for Kids appeared first on Janicek Law.
]]>The post Can You Get Rabies From a Dog Bite? appeared first on Janicek Law.
]]>The San Antonio dog bite attorneys from Janicek Law will explain how rabies is transmitted, the signs to look out for, and the necessary steps to take if a dog bites you or a loved one. If you’ve suffered injuries from a dog or animal bite, contact Janicek Law at (210) 366-4949 to schedule a free consultation with one of our compassionate attorneys.
Rabies is a deadly viral infection that primarily spreads through the saliva of infected animals, often through bites or scratches. This virus attacks the central nervous system, leading to brain inflammation and severe symptoms.
Rabies may cause fever, headache, and general weakness in the initial stages. As it progresses, more alarming symptoms appear, such as confusion, hallucinations, excessive salivation, fear of water (hydrophobia), and paralysis.
Without prompt and appropriate treatment, rabies is almost invariably fatal. Vaccination and immediate medical attention after potential exposure are crucial in preventing the virus from progressing to a fatal stage.
In the United States, 5,000 cases of animal rabies are reported annually, with wildlife accounting for over 90% of these incidents. Domestic animals, including dogs and cats, comprise about 10% of the reported animal health cases. Thanks to widespread animal vaccination programs, animal control measures, vigilant surveillance, testing, and the availability of post-exposure prophylaxis (PEP), human cases of rabies in the U.S. are extremely rare. Each year, only around 1 to 3 human cases are reported, with about 70% attributed to bat bites. While human rabies deaths are uncommon in the U.S., the disease is almost always lethal if immediate medical attention is not sought after potential rabies exposure.
Yes, it is possible to contract rabies from a dog bite if the dog is infected with the rabies virus. The virus is transmitted through the saliva of an infected animal and can enter the body through bites, scratches, or open wounds. Although the risk is much lower in regions where dogs are regularly vaccinated against rabies, it remains a concern, especially in areas with high stray populations or low vaccination rates.
If bitten by a dog, especially an unvaccinated or stray dog, it’s crucial to seek medical attention immediately. Prompt wound care and post-exposure prophylaxis (PEP) can prevent the rabies virus from advancing to a fatal stage. It’s important to remember that once the symptoms of rabies appear, the disease is almost always deadly, making prevention and early treatment essential.
Symptoms in human rabies cases typically appear after an incubation period that can vary from a few weeks to several months following exposure to the rabies virus. The human rabies symptoms are severe and can be categorized into two stages: the initial or prodromal stage and the acute neurological stage.
Most rabies deaths occur once the virus travels into the nervous system, which can happen quickly. Early post-exposure prophylaxis (PEP) is critical even before the symptoms of rabies appear to prevent the virus from advancing to this deadly stage.
Identifying dogs that carry rabies involves observing several key symptoms:
If a dog shows these symptoms, especially after potential exposure to rabies, it’s important to contact local animal control authorities or a vet immediately while avoiding direct contact.
If an animal bit you, and you suspect the wild animal is infected with the rabies virus, you must take appropriate action immediately. People bitten by a rabid animal should:
After the dog bite occurred, calmly but swiftly move to a safe location away from the rabid animal. Avoid making sudden or aggressive movements that could further provoke the biting animal. Once you are at a safe distance, assess your bite wound and visit the emergency room immediately.
If bitten by a presumably infected animal, seeking immediate medical care is crucial. At the emergency room, providers will evaluate the circumstances of the bite wound and the rabies exposure to determine the necessity of rabies post-exposure prophylaxis (PEP). Starting PEP promptly is essential, as it involves an initial dose of rabies immune globulin and a series of rabies vaccinations, which are an effective treatment only if administered quickly.
Documenting the animal bite and treatment, including rabies PEP, is essential for health records and may be crucial for insurance or legal purposes.
Take photos of the injuries, where the bite occurred, and the dog itself, if possible. Record contact information of any witnesses and keep all medical records, including details of first symptoms, other symptoms related to the case, rabies diagnosis, and treatment. Obtain the dog owner’s details and the dog’s vaccination history if available.
Reporting the dog bite incident to the local health department is crucial as they play a key role in monitoring and controlling rabies in the community. They can also assist in locating the dog and its owner to verify vaccination status and monitor the dog for signs of rabies.
Below, we’ll explain the importance of rabies shots and why timely treatment is critical for humans and animals.
The rabies vaccine is typically administered as part of a post-exposure prophylaxis (PEP) regimen, which is highly effective when given promptly after exposure via dog bites or animal bites. The PEP regimen usually includes a dose of rabies immune globulin, given as soon as possible after exposure, followed by a series of rabies vaccines spread over several days. The rabies shots work by stimulating the body’s nervous system to produce antibodies against the rabies virus, preventing the virus from causing illness.
Regular rabies shots are mandated in the United States for domestic dogs and are one of the most effective ways to protect pets and their human companions from this deadly virus.
Rabies vaccinations for wild animals are often carried out through the local health department or wildlife management programs. These programs may include distributing oral rabies vaccine baits in areas with high populations of wild animals known for rabies transmission. This includes common carriers, like small rodents, raccoons, skunks, foxes, or other mammals for rabies control. This strategy helps to immunize wild animal populations, reducing the risk of rabies transmission to humans and domestic animals.
If you contract rabies from a dog bite, you may have the option to sue for damages, depending on the circumstances of the incident. In such cases, legal action revolves around proving negligence by the dog’s owner or handler.
For a successful lawsuit, your San Antonio dog bite attorney will prove that the owner knew, or reasonably should have known, that their dog posed a risk and failed to take appropriate measures to prevent the bite. If local laws mandate rabies vaccinations for pets, and the owner didn’t do their part to prevent rabies, this can further support the case.
The dog bite attorneys from Janicek Law will work to recover the following damages for your bite injury:
You can pursue legal action against the dog’s owner or handler if you or a loved one suffered dog bite injuries. To learn more about your legal options, call Janicek Law at (210) 366-4949 to schedule a consultation with a San Antonio personal injury attorney today.
The post Can You Get Rabies From a Dog Bite? appeared first on Janicek Law.
]]>The post What Are My Rights as a Passenger in a Car Accident in Texas appeared first on Janicek Law.
]]>If you or an immediate family member has been injured as a passenger in a car accident, you may be able to seek compensation from the at-fault party who caused the accident. The San Antonio car accident attorneys at Janicek Law can help you file a claim to receive fair compensation for your losses.
Call us at 210-366-4949 to speak with an experienced San Antonio car accident lawyer on our team at no initial cost.
Before injured passengers or drivers can recover compensation for things like medical expenses and lost wages, the fault of the car crash must be determined. In a personal injury claim, the car accident victims must prove that someone involved in the auto accident acted negligently.
To prove negligence, injury victims and their attorneys have to verify that the four elements of negligence were present:
For example, if the driver of a car involved in an auto accident were texting while driving, the driver involved would have breached their duty of care to the other driver. If the accident occurs as a direct result of their driving distracted, they could cause injuries, and car accident victims could suffer from damages such as medical bills or permanent disability.
It can be easier to determine fault in certain accidents than in others, especially in hit-and-runs or faulty evasive action. Regardless of the situation, speaking to an experienced lawyer is essential.
Different U.S. states have different personal injury laws regarding car accidents. You may be wondering – is Texas a no-fault state? This means that if a person is in an accident, they can file a claim with the insurance company of whoever caused the accident.
In the example above, if the motor vehicle accident were caused by someone texting while driving, victims would file an insurance claim with the distracted driver’s insurance company rather than their own insurer. If the at-fault person’s auto insurance coverage isn’t enough to provide the victims with fair compensation, the victims can file a personal injury claim against the at-fault party.
Texas uses modified comparative fault, meaning that if the accident happened due to negligence of multiple parties, the people involved can only pursue compensation up to the point where they are liable.
For example, if someone is texting while driving and t-bone a person running a red light, the court may find that both drivers share liability in the accident. The court will also determine the percentage of fault for both drivers. The driver who ran the red light may have been 70% at fault, whereas the driver who was texting could be found 30% at fault.
Since the drivers share liability, their eligibility for fair compensation is decreased by the percentage of their fault.
Texas’ modified comparative fault laws also have a bar for entry. This means that car accident victims can only pursue compensation from car accidents if they are less than 51% responsible. In the above example, the driver who ran the red light could not seek compensation from the other vehicle involved in the accident because the other driver was only found to be 30% to blame.
If the accident happened as a direct result of the passenger in a car accident, then the passenger would be at fault. In any accident, there are several potentially liable parties, all of whom could be partially or wholly responsible for another person’s personal injuries.
A passenger in a car can be found liable if they:
If you were a passenger in an accident and you were not at fault for the crash, a San Antonio personal injury lawyer can help prove that the driver involved in the accident was responsible for the accident, not you.
As a passenger in a car accident, it can be challenging to know what to do, especially when the accident doesn’t involve your actions or your vehicle.
Understanding your rights as a passenger in a car accident can help ensure you are able to hold the at-fault party liable in court. If you have been a passenger in a car crash, call a San Antonio car accident attorney with Janicek Law today at 210-366-4949 to schedule your free consultation.
A passenger in a car accident can ask for their driver’s or the other driver’s insurance details and contact information. To file an insurance claim, passengers will need the name and auto insurance information of the driver responsible.
If the other driver in the accident refuses to give a victim their name, phone number, policy number, and address, the police can gather this necessary information.
Driver and passenger injuries can be severe and even life-threatening, which is why anyone involved in a motor vehicle accident has the right to seek medical care. Victims should seek immediate medical attention following an accident, even if their injuries don’t seem severe.
What may seem like minor injuries like back pain or a headache could be serious injuries that adrenaline or shock is masking.
Receiving proactive medical treatment can ensure any external or internal injuries are identified and treated before things get worse. Additionally, it ensures that injuries are recorded by a medical professional, which can help prove what damages the victim suffered. Our San Antonio traumatic brain injury lawyer can help victims who have suffered brain injuries.
Car accidents can cause a range of injuries. Some of the most common car accident injuries include:
If you’re a passenger who has suffered severe injuries, you have grounds to reach out to one our our personal injury attorneys.
Another right that passengers have in a motor vehicle accident is their right to request a police report detailing the accident. Any time an accident occurs, someone should call the police. Law enforcement officers will gather information about the accident, outline the facts of the case, and record any statements from witnesses or victims.
This information could be incredibly valuable when filing a claim with the negligent driver’s insurance company or when filing a personal injury case.
A passenger in a car accident may also decline to speak to the driver’s insurance company. Speaking to the other driver’s insurance company may cause you to forfeit your right to pursue compensation from the other driver. The same goes for the driver you were riding with. Your best option is to seek legal advice from a San Antonio personal injury lawyer before speaking to any insurance adjuster about the situation.
Like other drivers, passengers injured in an accident have the right to pursue compensation for their injuries. All Texas drivers are required to have bodily injury liability insurance, meaning the insurance company of the driver at-fault should be able to provide some kind of coverage.
A San Antonio personal injury attorney on our team will be able to walk you through the claims process, ensuring your injury claim is filed correctly and on time.
In no-fault states, a passenger in a car accident can turn toward the driver who was in the car with them in order to receive coverage. Drivers in no-fault states are often required to have medical payment (med-pay) coverage or personal injury protection (PIP) coverage.
If the driver’s insurance policy doesn’t cover all of the passenger’s medical expenses, the passenger can also turn to their own health insurance for coverage.
While the at-fault driver’s car insurance policy may cover some medical expenses or lost wages, victims of car accidents often suffer from injuries that cannot be easily quantified. Additionally, personal auto insurance companies rarely want to give away money, even if the money is going to an innocent car accident victim.
If an uninsured motorist causes an accident, victims may not receive enough insurance coverage to pay their medical bills or supplement their lost wages. In any of these cases, victims should contact a car accident lawyer who can help prove negligence in court.
Seeking legal representation from a personal injury lawyer is crucial to any car crash or personal injury case. If you were a passenger in a car accident, an experienced car accident lawyer can help you file a claim and a lawsuit for your personal injuries.
Passengers injured in a car accident can recover compensation for several damages, some of which include:
Being in any auto accident can be stressful, regardless of whether or not you were behind the wheel. If you or an immediate family member has been injured as a passenger, the legal team at Janicek Law is here for you.
An experienced car accident lawyer can help you file a claim with the at-fault driver’s insurance company, help you navigate no-fault claims, or even help you file a personal injury lawsuit against the person responsible for the accident. With over 20 years of experience helping San Antonio injury victims receive fair compensation, you can rest easy knowing we will do what it takes to help you seek justice.
Call us at 210-366-4949 or contact us online to schedule a free consultation with an experienced attorney on our team.
The post What Are My Rights as a Passenger in a Car Accident in Texas appeared first on Janicek Law.
]]>The post Open and Obvious Defense appeared first on Janicek Law.
]]>Understanding this legal concept is important for anyone injured on another person’s property due to their negligence. At Janicek Law, our premises liability attorneys are experienced in navigating the challenges of the open and obvious doctrine. Using this knowledge, they defend clients against negligent property owners and recover compensation for injuries and damages.
Whether you’ve suffered injuries on someone else’s property, been involved in an accident, or faced any personal injury, Janicek Law is ready to represent you. To discuss your premises liability claim with one of our experienced attorneys, call 210-366-4949 to schedule a free consultation today.
Premises liability law revolves around the principle that property owners are liable for accidents and injuries occurring on their premises. From slips and falls to poor maintenance or security lapses, this legal concept emphasizes the owner’s duty to maintain a safe environment for all who enter their property, whether visitors, tenants, or customers. The scope of this duty varies based on the relationship between the property owner and the person injured, categorized as invitees, licensees, or trespassers.
Common types of premises liability violations include a variety of situations where property owners fail to maintain a safe environment or warn against a dangerous condition, leading to potential harm to visitors or occupants. These violations often include the following:
If you were injured on another person’s property and believe you have a slip and fall case or other premises liability claim, the San Antonio personal injury attorneys can help. To start filing a premises liability case, contact Janicek Law today.
A landowner can be liable for injuries when proven negligent in maintaining a safe environment. Liability generally relies on whether the landowner knew, or should have reasonably known, about the obvious hazard and did not take appropriate action to fix it or warn others.
This responsibility varies depending on the status of the person injured (invitee, licensee, or trespasser) and the nature of the hazard. For invitees, such as customers in a store, landowners have a high duty of care to inspect for and address dangers regularly. With licensees, such as social guests, owners must fix or warn about known hazards. The duty is generally lower for trespassers except for children, where special considerations apply, particularly for “attractive nuisances” like swimming pools.
The open and obvious rule is a legal concept in premises liability law where a property owner argues that a hazard was so clear and apparent that any reasonable person would have noticed and avoided it, negating the owner’s liability for injuries arising from that hazard. This defense hinges on the premise that the property owner is not responsible for protecting individuals from unreasonable risk.
The open and obvious defense is a common strategy property owners use in premises liability cases, but there are some exceptions where this defense may not hold. These exceptions include situations where the injured person was reasonably distracted and did not notice the hazard, or where the hazard was in an area they had to pass and could not avoid. If the property owner could foresee that the obvious hazard would likely cause harm, this could also negate the defense.
When challenging the open and obvious rule in premises liability cases, the focus is on highlighting elements that prove the property owner could have reasonably prevented the accident, even if the hazard seemed obvious.
In the section below, our San Antonio premises liability attorneys will explain some defense strategies that can be used in open and obvious cases.
In some premises liability cases, the danger was not obvious to the injured party. This argument relies on the idea that the hazard was not easily noticeable, so the property owner cannot rely on the open and obvious defense.
Factors that support this claim might include poor lighting, obstructions that obscured the hazard, or a complex environment that made it difficult to notice the danger. Demonstrating that the injured person could not have reasonably foreseen or avoided the hazard due to these circumstances is crucial in establishing the property owner’s liability in such cases.
Even when danger is considered open and obvious, it’s possible to argue that the defendant still breached their duty of care. This argument revolves around the idea that the property owner’s negligence went beyond the mere existence of the hazard. For instance, if the defendant was aware of the dangerous condition but failed to take necessary action to address it or provide adequate warnings, they may be held liable. This breach of duty could include failing to repair a known hazard, maintaining safe premises, or fulfilling their responsibilities in ensuring visitor safety.
In cases involving comparative negligence, the argument is that the defendant remains liable for the victim’s harm despite the victim’s own contributory negligence. Comparative negligence acknowledges that both parties may share some percentage of fault for an accident or injury. However, it does not remove the defendant’s responsibility entirely. Instead, it divides liability based on the degree of fault assigned to each party. Even if the victim is found partially at fault, the defendant is still held accountable for their share of the responsibility. Comparative negligence ensures that victims are not unfairly penalized for their actions while recognizing the defendant’s duty to maintain a safe space and prevent harm to others.
This argument suggests that the defendant failed to meet the criteria or substantiate their claim effectively. For instance, if the defendant did not adequately demonstrate that the hazard was genuinely open and obvious or failed to provide supporting evidence, the defense may be deemed invalid. If the defendant misapplied the defense by, for example, asserting that a hazard was open and obvious when it was not, their argument may be challenged.
If you or a loved one has suffered an injury due to unsafe or negligent property conditions, it’s crucial to seek legal guidance. At Janicek Law, our dedicated premises liability attorneys are here to fight for your rights and help you through this challenging legal process. Contact the San Antonio premises liability attorneys at 210-366-4949 to schedule a free consultation today.
The post Open and Obvious Defense appeared first on Janicek Law.
]]>The post Texas Bicycle Laws appeared first on Janicek Law.
]]>If you or a loved one has suffered serious injuries, wrongful death, or financial loss from a bicycle accident in Texas, it’s crucial to arm yourself with the strongest possible legal representation. Call our San Antonio bicycle accident lawyers at 210-366-4949 today.
The National Highway Traffic Safety Administration states that there were 938 bicyclist deaths from motor vehicle collisions in 2020, marking a 9% increase in deaths compared to the previous year. The bicycle-related fatalities in 2020 constituted 2% of the total motor vehicle death count in the United States.
In the same year, a report from the Consumer Product Safety Commission highlighted that bicycles were associated with 425,910 emergency room visits, encompassing both avoidable and deliberate injuries.
Annually, the financial toll of these tragedies typically surpasses $20 million in the U.S., as stated in a 2019 NHTSA report.
Unfortunately, San Antonio can be a very dangerous city for people to ride bikes. 62 Texan bicyclists lost their lives due to car accidents in 2016, with 5 of these deaths occurring in San Antonio. These bicycle accident deaths represent a 25% increase in deaths compared to the year before.
Even though San Antonio has made efforts to improve cycling infrastructure, such as expanding sidewalks with a designated bicycle lane, it continues to rank low on the scale of bicycle-friendly cities. 2021 research by Arris Composites evaluated the bike-friendliness of cities, and the findings depicted Texas as generally not conducive for cyclists, placing San Antonio and Fort Worth at the tail end within the state. This evaluation considered factors like climate, bicycle mishaps, and infrastructure development.
Bicyclists involved in accidents typically suffer catastrophic injuries due to the lack of protection they have compared to drivers in motor vehicles. Some cyclists don’t even protect themselves with helmets or elbow and knee pads. Common bicycle accident injuries can include:
If you’ve suffered major injuries in a bicycle accident, reaching out to a San Antonio bicycle accident lawyer at Janicek Law is crucial to ensure you obtain justice and fair compensation.
Cycling is not just a hobby or a mode of transportation; it’s a way of life for many Texans. With the increasing number of cyclists on the road, it’s paramount to be well-informed about Texas bicycle laws to ensure everyone is safely riding alongside motor vehicles. The Texas Transportation Code outlines several rules regarding the safe operation of bicycles. Failure to follow these rules can lead to a Class C misdemeanor and fines of up to $200.
In Texas, bicycles are considered vehicles just like other motor vehicles, meaning cyclists have the same rights and responsibilities as other motorists. This encompasses obeying all traffic laws, signals, signs, and lane markings. Just like drivers, bicycle operators are expected to ride with caution, being considerate of pedestrians and other vehicles on a laned roadway.
A person operating a bicycle, electric bicycle, coaster, sled, toy vehicle, or roller skates cannot attach either the person or one of the aforementioned vehicles to another vehicle on the road. Additionally, a person operating a bicycle cannot ride anywhere except for a permanent and regular seat attached to the bicycle. For example, a person cannot sit in a bicycle basket while someone else is pedaling the bike. People who violate these general operation rules can suffer serious injuries and even death, especially in a busy city like San Antonio, TX.
When cycling on a roadway, it’s crucial to ride as close as possible to the right curb or edge of the roadway as possible. Or if there is a designated bicycle lane adjacent to a single lane, the cyclist should ride in that lane. If a cyclist is on a one way street, they can ride near the left curb instead of the right curb or edge of the road. Exceptions to this rule apply when passing another vehicle moving in the same direction, preparing for a left turn at an intersection or onto a private road, or when avoiding poor road conditions or a fixed or moving object on the road.
A person operating a bicycle may overtake the lane if another pedestrian or cyclist going the same direction is moving slower than they are. Additionally, persons operating bicycles on a road can ride abreast as long as they stay in a single lane. Persons riding two abreast can’t interfere with the normal and reasonable flow of traffic on the road.
Typically, cyclists are urged to use a designated bicycle lane adjacent to marked traffic lanes when they’re available. However, if there is no lane set aside for the exclusive operation of bicycles, then cyclists should use the road and adhere to the same rules that motorists follow (riding in the right lane, near the right curb or edge of the road). Riding on sidewalks is discouraged in most areas, especially busy cities, as it can lead to pedestrian accidents.
Safety should always come first when cycling. Texas bicycle laws mandate that bikes ridden at night must be equipped with a front white light visible from a distance of 500 feet ahead and a rear red lamp at the rear of the bicycle that’s visible from a distance of 500 feet. These lights or reflectors should be visible when the light from motor vehicle headlamps hits them. Proper reflective gear and helmets, though not mandated for adults, are highly recommended.
Additionally, cyclists should have a brake capable of creating a braked wheel skid on dry pavement so that they can stop as safely as quickly as possible if need be. Texas law does not mandate that all cyclists wear helmets while riding, although this is highly recommended because bicycles provide absolutely no protection against other motor vehicles in the event of an accident.
Texas bicycle laws state that cyclists must keep at least one hand on the handlebars at all times in order to maintain control and safety on the roads.
In Texas, a person may not operate any motor vehicle while under the influence of drugs or alcohol. These laws don’t specifically mention bicyclists, but since bicycles are considered a type of motor vehicle, a person operating a bicycle should do so sober as well.
Alcohol and drugs impair judgment, reflexes, and the ability to operate any motor vehicle safely, including a bicycle. Cyclists found to be under the influence may face similar consequences as drivers, including fines or even arrest, especially if they cause an accident due to their intoxication.
Communication is key for safety on the road. Since bicycles don’t have turn signals like cars do, it’s important for cyclists to provide a hand and arm signal before turning, especially on a very busy road.
Persons operating bicycles should extend the left hand and arm horizontally if they’re making a left turn. Those who are making a right turn should extend the left hand and arm upward. If the cyclist is on the right hand side of the roadway already and they plan to make a right turn, they can also have their right arm extended horizontally to the right side. If the cyclist is stopping or decreasing speed, they should extend their hand and arm downward.
These signals should be given continuously for at least 100 feet before taking action, ensuring other road users are well-informed of your intentions.
Competitive bicycle racing is a thrilling sport but comes with its set of regulations. Before engaging in a competitive bicycle race on public roads, appropriate permits must be obtained from local law enforcement agencies. Additionally, participants should adhere to specific safety guidelines and rules outlined by the event organizers, ensuring the safety of racers, spectators, and other road users.
The city of San Antonio has its own set of safety regulations governing bicyclists that should be followed on top of state rules.
If you’re involved in a bicycle accident, it’s crucial to contact local law enforcement and medical professionals immediately. You should also file a bicycle accident report if there’s injury, death, or property damage exceeding $1,000, or if a vehicle is damaged to the point where it is no longer drivable.
Even if you think the accident is minor and doesn’t require the involvement of law enforcement, it’s important to file a report for insurance and legal purposes anyway.
Determining who’s at fault in a bicycle accident can be difficult depending on the specifics of a situation. Evidence such as witness testimonies, police reports, and surveillance footage can play a pivotal role in establishing fault in an accident. Both the cyclist and the driver operating a vehicle have a duty of care to ride safely, and a breach of this duty may be considered negligence for one or both parties.
In major bicycle accidents that result in severe injury, death, or property damage, it’s crucial to hire an experienced personal injury attorney at Janicek Law. We can help accurately determine the percentage of fault for both parties, which will then help calculate the amount of damages each party is entitled to based on comparative negligence laws in Texas.
After an accident, victims can claim two main types of damages: economic damages and non-economic damages.
Economic damages include losses that had a tangible cost, such as:
Non-economic damages include intangible losses, such as:
Calculating both economic and non-economic damages can be complex, which is why it’s so important to hire the experienced bicycle accident lawyers at Janicek Law. We will carefully calculate the damages you suffered so that you receive a fair settlement.
If you or a loved one has been involved in a Texas bicycle accident, you don’t have to face the aftermath alone. The experienced personal injury team at Janicek Law can provide the guidance and representation you need to navigate the complexities of Texas bicycle laws, ensuring that you get the justice and compensation you deserve. Don’t wait; reach out to Janicek Law today at 210-366-4949 and allow us to protect your legal rights and fight for your justice.
The post Texas Bicycle Laws appeared first on Janicek Law.
]]>The post Does TX Follow the One Bite Rule? appeared first on Janicek Law.
]]>At Janicek Law, our attorneys have experience handling dog bite cases and have extensive knowledge surrounding the one bite rule as well as other Texas dog bite laws. In our latest blog post, our legal team will explain the one-bite rule and your legal rights following a dog attack in Texas.
If a dog has attacked you, learn about your legal options by scheduling a free consultation with an experienced dog bite lawyer in San Antonio, TX. Contact Janicek Law today by calling 210-366-4949.
Texas Health and Safety Code Section 822.041 provides the definition and laws regarding dangerous dogs. According to this statute, a dangerous dog is one that:
Under this Texas Law, there are three ways a dog can be considered dangerous:
The one bite rule states the dog’s owner is responsible if they were aware or should have been aware that the dog may act in a harmful or dangerous way. The term “one bite” comes from the idea that a dog gets one free pass or one free bite. After the dog’s free pass, the owner will be responsible for paying medical bills and other expenses incurred from any future dog bites on the dog owner’s property, private property, or public property.
If there is a local leash law and the dog is not properly restrained, animal control may consider the dog dangerous.
Texas is one of 16 states that follow the one bite rule. States that adhere to the one bite rule protect dog owners from liability unless it’s proven that the dog owner acted negligently or their intentional behavior led to the dog attack.
The one bite rule in Texas dates back to 1974 when Paul Marshall sued John Ranne, a local hog farmer. Marshall sued Ranne to recover damages for injuries caused by Ranne’s hogs that had escaped. During the trial, Ranne admitted to knowing the hog was dangerous because the animal had charged at him and his wife on prior occasions. However, the Texas Supreme Court ruled in favor of Ranne, stating that Marshall put himself in harm’s way, leading to the attack.
In order to have a successful dog bite claim in Texas, the dog bite victim must prove:
The Texas dog bite laws can be complicated, which is why it’s important to work with a San Antonio attorney with experience in animal control law. At Janicek Law, our personal injury attorneys have handled numerous dog bite claims and are prepared to represent you. To learn more about your legal options following a dog attack, call our San Antonio dog bite attorneys today.
According to Texas Health and Safety Code Section 822.005, a dog owner can face felony criminal penalties if:
Yes, there are two ways that a dog bite victim can file a claim.
There are many defense strategies that a dog owner’s attorney can use when fighting against a dog bite claim. The following defenses for Texas dog bite cases are:
If the dog attack occurred during the three following scenarios, the dog bite owner could have an affirmative defense.
A Texas dog bite case can be challenging for attack victims to recover damages for their injuries. The experienced dog bite attorneys at Janicek Law will work with you to help determine the dog owner’s negligent actions that led to your injuries.
With the Texas one bite rule, your legal team must prove the dog owner was aware that their animal was aggressive and failed to take precautions to protect others from harm. One way your attorney can help establish the owner knew of violent tendencies is if the dog was trained to attack or was considered a guard dog. If the dog is a breed like a pit bull, the owner should also be aware of violent tendencies.
An animal attack victim can also show an owner was aware of their pet’s aggressiveness if they’ve received previous complaints about their behavior or warned others that their animal may cause harm. Both of these scenarios show that an owner was aware their animal was dangerous and could potentially harm another.
Your Texas dog bite attorney from Janicek Law will gather evidence supporting your dog bite claim. Your legal team may interview witnesses or others who have suffered injuries from the animal. Other evidence can include police reports regarding the animal and other official documentation showing the owner was notified of the animal’s aggressive nature.
The dog bite attorneys from Janicek Law will work diligently to help you recover the following compensation:
If you were bitten by a dog in Texas, don’t let the one bite rule deter you from pursuing legal action against the dog’s owner. There are still ways that you can recover damages and hold the owner responsible for their negligent actions. To discuss your case with one of our experienced dog bite attorneys, call Janicek Law at 210-366-4949 to schedule a free consultation today.
The post Does TX Follow the One Bite Rule? appeared first on Janicek Law.
]]>The post When to Hire a Personal Injury Lawyer appeared first on Janicek Law.
]]>If you’re interested in hiring a personal injury attorney, look no further than the San Antonio personal injury lawyers at Janicek Law. We’ll file a claim with the negligent party’s insurance company and provide you with aggressive legal representation throughout the entire process. Call us at 210-366-4949 and schedule a free initial consultation with one of our experienced attorneys today.
A personal injury attorney is a legal professional who specializes in filing personal injury claims or personal injury lawsuits. When someone is injured in an accident, and the accident was someone else’s fault, the injury victim can recover fair compensation for their injuries in a personal injury claim. This can include compensation for things like medical bills, emotional distress, and funeral expenses, in the event of a wrongful death.
Texas is an “at-fault” state, meaning that when someone injures another person, they are liable for the victim’s injuries. In an at-fault state, a personal injury lawyer can help a victim file an injury claim with the at-fault party’s insurance company, so that they can receive the compensation they deserve.
A Texas personal injury lawyer will be able to cover a wide variety of cases, including:
Different personal injury law firms may have different fields that they specialize in, like medical malpractice or auto accidents. At Janicek Law, we handle it all. If you have been the victim of negligence, we want to help you seek justice. Call us at 210-366-4949 and schedule a consultation with us to discuss your injury claim.
In many cases, a personal injury attorney can be essential to recovering compensation in a personal injury lawsuit or claim. In other cases, however, victims may not need to hire a personal injury lawyer at all. Below, we’ll go through some of the situations in which you may not need a legal team to assist you in your personal injury claim.
If you are in an accident and you sustain minimal injuries, it may be best to handle your personal injury claim yourself. An accident lawyer can help you file for compensation, but if it’s clear that you will not be receiving a substantial payout, all or most of your awarded compensation may wind up going to your attorney.
For example, if you slip and fall in a grocery store and you sprain your wrist, you may only receive a couple hundred dollars in compensation. That small amount will cover your medical bills and compensate you for your pain and suffering, but it will not cover the expenses involved in hiring a lawyer to help you with your claim. In this case, you may end up paying a personal injury law firm out of pocket after your case is resolved, leaving you with less than you started with before the injury.
Different states handle personal injury cases differently. In some states, when you’re in an accident, you file a claim with your own insurance company regardless of who was at fault. These are called no-fault states. If you are injured and you live in a no-fault state, you may be able to receive compensation for your injuries without having to negotiate with someone else’s insurance company. While an attorney can help you file a no-fault claim, you’ll probably be able to file the claim on your own.
In some cases, there is a limit to the amount of compensation a person can receive in a personal injury case. If you receive the maximum amount of compensation possible for your injuries, a personal injury lawyer won’t be able to help you earn any more money from the other person’s insurance company.
Many victims are completely capable of negotiating with an insurance company on their own behalf without a middleman. Additionally, while claims adjusters are going to act with their insurance company’s best interests in mind, many of them are understanding and willing to work with victims to ensure they receive a fair payout. This helps their insurance company avoid a personal injury lawsuit and helps you recover financial compensation for your losses.
While the legal process of filing a personal injury claim can be difficult, it’s possible to navigate the system without being a legal professional. If you are able to do your own research regarding Texas personal injury law and the claims process, you may be able to receive compensation without a personal injury attorney’s help.
While some accidents don’t require a personal injury lawyer, there are certain situations in which a personal injury lawyer can be incredibly beneficial. Some of those situations include accidents that result in catastrophic injuries or instances where the other party’s insurance company refuses to provide victims with fair compensation.
If you have been severely injured in an accident, or you’re being denied compensation by a bad faith insurance company, you should hire an experienced personal injury attorney immediately. The legal team at Janicek Law can take you through every step of the process and help you receive the financial compensation you deserve. Call us at 210-366-4949 or contact us online to schedule a free consultation with us.
A severe injury like a traumatic brain injury, spinal cord injury, or amputation injury could permanently disable a person, likely altering every facet of their life. It’s important that victims of severe injuries receive the maximum compensation for their injuries. A personal injury lawyer can help ensure that victims recover compensation for things like medical expenses, assistive medical equipment, disability, disfigurement, loss of enjoyment of life, loss of earning potential, and loss of consortium.
Another tricky aspect of some personal injury cases is non-economic damages. Victims can seek compensation for losses that they suffered from that weren’t financial in nature. For example, if a person is in a serious car accident, they can experience a lot of physical and emotional suffering. This kind of suffering can be incredibly difficult to live through and live with, especially when victims have to endure it as a result of a preventable incident.
Experienced personal injury lawyers can help injury victims recover compensation for these difficult-to-quantify losses like pain and suffering damages. They can also help victims recover compensation for emotional distress and mental anguish. While this can’t undo any of the pain, it can at least give victims financial peace of mind.
Unfortunately, some insurance companies will engage in bad faith practices and try to limit the amount of compensation they have to pay accident victims. They can do this by refusing to investigate negligence claims, causing intentional delays, and denying victims any amount of compensation.
Personal injury lawyers will have an intimate understanding of the state’s personal injury laws, the insurance claim process, and the most common bad faith insurance tactics. Without a personal injury attorney’s expertise, it can be nearly impossible for victims to stand up against insurance companies.
For some, hiring an experienced personal injury lawyer is the best decision for them and their personal injury claim. If you are injured in an accident, a personal injury attorney can inform you of your legal rights to compensation and guide you through the process of filing a claim and negotiating for compensation. If the other party doesn’t want to provide you with a fair settlement offer, your attorney can also help you file a personal injury lawsuit so you can receive compensation for things like medical expenses and property damage.
Most personal injury attorneys work on a contingency basis, meaning if they don’t win your case, you don’t have to pay them anything. That means you’ll have access to free legal resources until you receive compensation. At Janicek Law, we cover all upfront costs and can even help with your medical bills so that you can focus more on healing. When you consider this, hiring an experienced attorney seems like a no-brainer.
Personal injury cases can be difficult to navigate. Luckily, you don’t have to do it alone. When you hire a personal injury lawyer, you hire an expert who will fight on your behalf and help you secure a fair settlement or trial verdict.
If you have suffered from injuries as a result of someone else’s negligence, call Janicek Law at 210-366-4949 and schedule a free case evaluation with an experienced attorney today. Not sure if you have a valid claim? No problem. We can evaluate the circumstances surrounding your accident and can help advise you on the best course of action.
The post When to Hire a Personal Injury Lawyer appeared first on Janicek Law.
]]>The post What is Relocation Stress Syndrome? appeared first on Janicek Law.
]]>The San Antonio elder abuse attorneys from Janicek Law will explain how RSS can occur, the signs to look out for, and how to treat it. If you believe that the nursing facility is contributing to the mental and physical decline of your loved one, you may have grounds to pursue legal action against the facility.
To learn more about your legal options regarding potential abuse and neglect, schedule a free consultation with the compassionate attorneys at Janicek Law. Contact our law firm today by calling 210-366-4949.
Relocation stress syndrome (RSS) is a mental health condition that follows a significant move from one environment to another. This condition, also referred to as transfer trauma, often affects older adults following their move into a senior living facility, according to the Journal of Psychological Nursing and Mental Health Services. Relocation stress syndrome can also affect older adults moving from one senior living community to another.
Founder and President of Dementia Care Specialists Kim Warchol, OTR/L, states in an interview with Social Work Today that transfer trauma is a “severe emotional response” to the relocation and can occur before, during, or after the move. She further explains that the “core of transfer trauma is fear, loss of control, loss of choice, and lack of the familiar.”
Transfer trauma is a nursing diagnosis characterized by confusion, anxiety, loneliness, and hopelessness. These mental ailments can also affect the physical and overall health of older adults struggling to remain physically and mentally healthy. An older adult can suffer significant health complications if RSS symptoms aren’t recognized and treated quickly.
Prior to RSS being recognized as an official diagnosis, nurses noticed a decline in their residents’ mental health following their move into assisted living facilities. After years of study, the North American Nursing Diagnosis Association (NANDA) made the diagnosis official, recognizing RSS as a mental health condition.
Like many mental health conditions, relocation stress syndrome can affect everyone differently. If you’re in the process of moving your loved one into a senior living facility, you can watch out for both the mental and physical symptoms of transfer trauma.
The above symptoms of relocation stress syndrome can often be diagnosed as other ailments. This is why it’s important to continue your relationship with your family member after moving them into an assisted living facility. You know your loved one the best, so you know when they’re experiencing uncharacteristic psychological and physical symptoms. If you suspect your family member is not being treated properly, contact the San Antonio elder abuse attorneys today.
Some older adults with certain pre-diagnosed health conditions may be more prone to developing relocation stress syndrome. If your loved one has one of the following health conditions, they may be more likely to suffer from relocation stress syndrome:
While RSS can affect any older adult that’s moving to a long-term care facility, women are more susceptible to the condition than men. Regardless, it’s crucial for you and other family members to monitor the health of your loved one following such a significant life event.
Moving your loved one into a senior living community significantly changes their everyday life. Not only has your family member lost their independence, but they have lost the home they built and cared for. This is devastating for many elderly people. As you prepare to move your family member to a senior living community, consider the tips below to help the move go smoothly for both of you.
Helping your loved one cope with moving to their new community is a group effort from the medical staff and family members. If you start noticing the signs of RSS in your loved one, bringing your concerns to their doctors and healthcare providers is critical. Below, we’ve listed some ways that you can help prevent relocation stress.
Relocation stress syndrome is recognized as an official medical diagnosis. Research suggests that RSS can lead to significant declines in their health and well-being. If healthcare providers don’t monitor their residents properly and miss the signs of RSS, families can pursue legal action. In some cases, relocation stress syndrome has led to premature death, increased depression, and a cognitive decline.
If the senior living facility is abusing and/or neglecting your loved one, this can worsen the symptoms of RSS. Contact an experienced elderly abuse attorney at Janicek Law as soon as you believe any abuse or neglect is occurring.
San Antonio nursing home abuse attorneys at Janicek Law will work diligently to recover damages for your neglect and abuse lawsuit. You could receive financial compensation for the following damages following a successful negligence claim:
The compassionate attorneys at Janicek Law understand how scary it is to move an older adult into a long-term care facility. It’s even more unsettling when the people you trusted to care for your loved one are not doing so and causing them harm.
If you believe your loved one is not adequately cared for at their nursing facility, contact the San Antonio elder abuse attorneys at Janicek Law. We will help you investigate the possible abuse situation, protect your loved one’s legal rights, and obtain a fair settlement on behalf of your family. Call 210-366-4949 to schedule a free consultation with our legal team today.
The post What is Relocation Stress Syndrome? appeared first on Janicek Law.
]]>The post Assumption of Risk in Personal Injury Lawsuits appeared first on Janicek Law.
]]>If you or a loved one suffered catastrophic injuries or wrongful death due to someone else’s negligence, you may have grounds to file a civil lawsuit and recover compensation. Call 210-366-4949 to schedule a free consultation with an experienced personal injury attorney at Janicek Law today.
Assumption of risk is a legal defense in personal injury cases which prevents a plaintiff from recovering damages from a negligent defendant because they have proven that the plaintiff engaged in a dangerous activity despite knowing the risks.
In order to successfully use the assumption of risk defense, the defendant must prove the following:
The reason why this is a valid defense in a personal injury case is because the plaintiff assumed the risk before engaging in a dangerous activity, therefore, the defendant owes no legal duty in return. In situations like this, the first element of negligence – duty of care – is not met. As a result, the plaintiff cannot recover damages for their injuries caused either by the inherent risks of the situation or the risks created by the defendant’s negligence.
For example, let’s say that a plaintiff decided to pet a dog through a neighbor’s fence despite there being a sign on the fence saying: “Beware of Dog.” The dog bit the plaintiff’s hand to the point where they suffered a finger amputation and an infection.
The plaintiff decides to file a personal injury claim against the dog owner, and the dog owner uses the assumption of risk doctrine in their defense. The dog owner claims that the plaintiff’s injury was the direct result of engaging in an inherently dangerous activity – petting their dog through the fence – despite the “Beware of Dog” sign on the fence. Therefore, the plaintiff decided to pet the dog at their own risk, which means they cannot recover damages for their dog bite injury.
There are two main types of assumption of risk: primary and secondary.
Primary assumption of the risk means that the person participating in a dangerous activity knows about the risks involved and accepts these risks through either words or conduct. The defendant is relieved from the first element of negligence, duty of care, by the plaintiff’s acceptance of risks inherent to the situation. Proving primary assumption of risk in a personal injury case means the plaintiff will have a complete bar from recovering any damages associated with the harm they suffered.
For example: when you go rock climbing or jumping at a trampoline park, you usually have to sign a waiver beforehand which states that you may suffer harm from participating in the activity, and potential liability does not belong to the company in the event that harm occurs. By signing these waivers, people are essentially accepting the primary assumption of the risk. Therefore, they cannot recover compensation from the company unless it acts negligently in some other way, by failing to ensure that all equipment is safe for use, for example.
Secondary assumption of risk means that the defendant has a continuous duty of care to protect the plaintiff from harm, and the plaintiff is aware of risks associated with the defendant’s potential negligence, and yet continues engaging the activity anyway. If the plaintiff becomes injured after accepting risks associated with the defendant’s potential negligence, they could still recover compensation, albeit reduced compensation. In states that have comparative negligence rules, such as Texas, secondary assumption of the risk can help determine specific percentages of fault in personal injury cases.
Let’s use a car accident as an example. All drivers owe each other a continuous duty of care to drive safely, carefully, and soberly in order to prevent harm to themselves or others. When driving, there is always an inherent risk of crashing and suffering injury or death if someone were to act negligently on the roads, and we all have to accept this risk everyday in order to get to where we need to go. No driver is perfect, no matter how carefully they drive, so everyone has the potential to be negligent and crash.
In car accident cases where two parties each share a percentage of fault, each party’s amount of compensation will be reduced as long as it’s below a specific percentage. Texas follows a 51% bar for comparative negligence, which means that someone who is more than 51% at fault for an accident cannot recover compensation. If someone is less than 51% at fault, then their compensation will be reduced by their percentage of fault. For example, if a driver is deemed to be 15% for an accident, then their amount of compensation will be reduced by 15%.
There are two main ways that a plaintiff can accept the assumption of the risk, either expressly or through implication.
Express assumption means that a person obviously accepts a particular risk through a verbal or written agreement. A common example is signing a liability waiver before engaging in activities such as rock climbing, contact sports, or jumping at a trampoline park. These waivers don’t provide people or companies with full legal protection; there are usually loopholes. The waivers must explicitly discuss a particular risk, and if a person becomes injured from an entirely different risk not covered by the waiver, then they could definitely sue for damages. Additionally, liability waivers do not protect defendants from reckless conduct, only negligent conduct.
Meanwhile, implied assumption of risk means that a plaintiff uses their conduct to demonstrate that they knew the risks associated with a dangerous activity, and yet they continued the activity anyway. If implied assumption qualifies for the complete defense of primary assumption of risk, then the plaintiff will not recover compensation. But if the implied assumption qualifies for secondary assumption of risk, then the plaintiff will likely receive compensation reduced by their percentage of fault.
If you or a loved one suffered catastrophic injury or wrongful death due to someone else’s negligence, you may have grounds to take legal action. At Janicek Law, we handle all sorts of personal injury claims such as car accident claims, premises liability claims, product liability claims, medical malpractice claims, and so much more. We are passionate about defending the rights of people in the San Antonio area and helping them recover fair settlements for their suffering. Call 210-366-4949 to schedule a free consultation with an experienced personal injury lawyer at Janicek Law today.
The post Assumption of Risk in Personal Injury Lawsuits appeared first on Janicek Law.
]]>The post Burn Injury Settlements appeared first on Janicek Law.
]]>If you have suffered catastrophic injuries due to someone else’s negligence, you may have grounds to file a personal injury lawsuit in the state of Texas. Call 210-366-4949 to schedule a free consultation with an experienced personal injury lawyer at Janicek Law today.
Burn injuries are characterized by skin damage caused by intense heat, too much sun exposure, harsh chemicals, electrical currents, or radiation. Burns can also cause extensive damage to the nerves, muscles, capillaries, sweat glands, hair follicles, and subcutaneous tissue, depending on the degree of severity. The most common types of burn injuries include sunburns, electrical burns, thermal burns, and chemical burns.
Burn injuries range from very mild (first degree) to life-threatening (fourth degree).
A first degree burn causes temporary damage to the outermost layer of skin called the epidermis. Common examples of first degree burns include minor sunburns and hand burns from accidentally touching a hot pan for a few seconds. They are initially painful and red, but heal completely over the course of a week.
In most cases, you cannot file a claim or recover compensation for a first degree burn because of how minor of an injury it is. Most people don’t suffer any damages from a first degree burn, such as medical bills, lost wages, and pain and suffering. So if a burn injury lawyer does happen to take on your case, the average settlement value would likely be less than $5,000.
A second degree burn damages the epidermis and the second layer of skin called the dermis. Minor second degree burns usually only cause damage to the upper portion of the dermis, while severe second degree burns cause damage to nearly the entire layer. Second degree burns are very painful, red, swollen, and blistery. Additionally, these types of burns often have a wet or shiny appearance. Depending on the severity of a second degree burn, it can take several weeks for it to fully heal, and when it does, it can leave behind a permanent scar.
It’s very possible for victims to recover compensation for a second degree burn injury, especially if the burn covers a large portion of their body. Depending on the circumstances of the burn injury case and the severity of the burn, a victim could recover between $25,000 and $75,000 for their damages.
A third degree burn injury, also known as a full thickness burn, damages all three layers of skin: the epidermis, the dermis, and the hypodermis (AKA: subcutaneous tissue). In the most severe cases of third degree burns, the nerve endings, hair follicles, and sweat glands become damaged as well, because all of these things lie in the dermis and hypodermis layers of skin.
A third degree burn victim may not feel much pain because of how much damage their nerve endings sustained. However, they will likely notice white or black skin discoloration, swelling, a dry or leathery skin texture, and blisters. These burns require immediate medical treatment, as they can lead to infection and skin necrosis. Most people with third degree burns experience permanent scarring and disfigured skin once they fully heal.
Third degree burns are very serious, and possibly even life-threatening without extensive medical treatment. Many victims end up thousands of dollars in debt due to a combination of medical bills and lost wages. Therefore, third degree burn injury cases can have a high settlement value, especially if the burn covers a large portion of the body. The expected settlement compensation for this type of burn could be upwards of $100,000.
Fourth degree burns are the most serious type of burn injuries that are often fatal if they cover a large portion of the body. These burns affect all three layers of skin as well as the underlying muscles, tendons, fascia, and even bones in the most severe cases. The skin is often completely black and dead, and victims typically need skin grafts to recover. If victims do heal from their injuries, they will likely experience permanent scarring and disfigurement.
Fourth degree burn victims absolutely should file a personal injury claim for their injuries, especially if they were caused by gross negligence. The settlement for this type of burn injury lawsuit could be upwards of $1 million, especially if the burn covers a large portion of the body.
Thus far, we have given an approximate settlement amount for each degree of burns, but as you can imagine, determining the exact value of a burn in a personal injury lawsuit is tricky. An attorney must look at several different factors in order to calculate an average burn injury settlement.
Firstly, a burn injury attorney must investigate where and how the burn injury happened to determine if the victim shares any portion of liability or if the burn injury was purely an accident that doesn’t involve negligence.
If a victim was acting recklessly or dangerously in a certain situation and that led to a fire and/or burns, then their burn injury settlement may not be very high. Similarly, if a victim’s burn injury occurs from a fire that was purely an accident, meaning no one could have foreseen or prevented it, then they may also recover a fairly low burn injury settlement.
As a general rule of thumb, burn injury settlements are highest when someone’s negligence causes the injury, and the victim was more or less an innocent bystander.
Gross negligence means that the at-fault party committed a reckless act, despite knowing it had serious risks of injury or death. In the context of burn injuries, gross negligence means that the at-fault party recklessly caused a fire, chemical spill, or electrical accident which caused the victim to suffer burn injuries.
Burn injury cases involving gross negligence commonly result in punitive damages, which is basically extra compensation for the victim that’s meant to further punish the at-fault party. It’s difficult for attorneys to predict or calculate punitive damages in burn injury lawsuits. That’s because if the threat of punitive damages is on the table, the negligent party is more likely to agree on a large amount of damages, especially if they’re already wealthy.
Severe burn injuries tend to result in an extraordinary amount of physical and emotional pain. Not only was the initial fire or burning incident traumatic, but the healing process is often traumatic as well. Not to mention, the emotional trauma of being permanently scarred and disfigured is enough to put anyone in therapy for the rest of their lives.
In a burn injury lawsuit, a disfigured burn victim can definitely recover compensation for both physical pain and suffering as well as emotional distress. These damages can also include the mental health counseling costs necessary for coping with the trauma of being badly burned.
Some jobs are very dangerous and can result in all types of burns: thermal burns, electrical burns, and chemical burns. If negligence from a coworker or employer did not cause the burn injury, the victim can file a workers’ compensation claim and recover a settlement from the employer’s insurance company. Workers’ compensation settlements are typically much lower than burn injury compensation from a civil lawsuit, especially if the victim is not scarred or disabled from the incident.
On the other hand, workplace accidents caused by negligence can certainly warrant a personal injury lawsuit, which can lead to a much higher settlement depending on how many damages the plaintiff suffered.
Workers’ compensation laws and settlement amounts vary from state to state. Be sure to speak with a legal professional about your workplace accident before pursuing any type of claim.
A San Antonio burn injury lawyer at Janicek Law can help victims recover financial compensation for the following burn injury damages:
If you have suffered a severe burn injury due to someone else’s negligence, you may have grounds to file a burn injury claim and recover damages. The legal team at Janicek Law has decades of combined experience handling all sorts of personal injury cases, including burn injury cases. We can analyze the details of your case, protect your legal rights, and help you obtain a fair settlement from the negligent party. Call 210-366-4949 to schedule a free consultation with experienced burn injury attorneys today.
The post Burn Injury Settlements appeared first on Janicek Law.
]]>