March 2018 - Page 2 of 2 - Bryan W Crews Archive - Bryan W Crews

Dog Bite Law

Posted on: March 9th, 2018 by pmilakovic No Comments

Orange County Personal Injury Attorney

This month, a Putnam County man was attacked and bitten by three dogs. According to the article, the man “was jogging along East Cowpen Lake Road on Feb. 24 when his exercise was interrupted by three dogs. According to the offense report, the three unleashed dogs came from one property.” The article goes on to say that the man recounted he saw them “out of the corner of my eye, they were right on me. All I had was shorts on and shoes.” The man stated that the “only thing I could do to keep them at bay was to try and kick them.” Unfortunately, the dogs did not stop, even after he fought them off with a stick. He was left with seven dog bites and multiple puncture wounds.

This harrowing account demonstrates the danger that untamed dogs can be to unsuspecting pedestrians. You may not realize that if you are attacked by a dog, you are more than likely entitled to compensation from the owner. Dog owners have a responsibility to train their dogs, keep them tame, and ensure that they do not attack or bite others.

Florida statute § 767.04 states that dog owners are “liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners’ knowledge of such viciousness.” Section 767.04 applies to anyone in public, and those lawfully on private property. If the person bitten contributes to his own injury through carelessness or provocation, this “reduces the liability of the owner of the dog by the percentage that the bitten person’s negligence contributed to the biting incident.” To lawfully be on the private property of the dog owner, according to the statute, you must be performing “any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States,” or be there by invitation from the owner. However, the owner may not be liable if they prominently display “on his or her premises a sign easily readable including the words ‘Bad Dog.’” This prominent display does not apply if the one bitten is under the age of six, or if the dog owner carelessly causes the dog bite.

Some jurisdictions abide by what is called the “one bite” rule. Another way to think about this rule is that the dog owner must be on notice that he or she is the owner of a vicious dog before the law will attach liability for a dog bite. This is also sometimes called the “free bite” rule because dog owners will not be held liable for the first instance of biting. As demonstrated above, § 767.04 does not follow the “one bite” rule. In Florida, dog owners are held liable “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” Dog owners in Florida are held strictly liable for their dog’s viciousness, and their liability is only reduced if the one bit somehow contributed to the bite.

Some jurisdictions impound dogs immediately or quarantine them after an episode like the one the man from Putnam County experienced. Other jurisdictions are laxer on their enforcement. Regardless, it is important that if you have suffered any injury, to document it right away. If you plan on seeking compensation for your injury, you should contact a lawyer to advocate on your behalf. Dog owners may be reluctant to take responsibility, or even pay for your medical expenses. Dog bites can result in infection and may be so severe that they require ongoing medical treatment. The statute of limitations may also completely bar your recovery if you do not file on time.

Bryan W. Crews is a seasoned Orange County personal injury attorney with decades of experience. If you or a loved one has suffered a dog bite, contact Bryan W. Crews for a free case evaluation.

Understanding Assault and Battery

Posted on: March 7th, 2018 by pmilakovic No Comments

Oak Ridge Personal Injury Attorneys

Accidents caused by careless behavior constitute the vast majority of Oak Ride personal injury cases. However, an intentional or wanton behavior is also actionable in civil court. Assault and battery are common terms that are often misunderstood. The Oak Ride personal injury attorneys at the offices of Bryan W. Crews will evaluate your claim for free and guide you through the process.

Assault and battery are not just criminal matters. When someone attacks you or threatens to harm you, you have rights under the law and may seek compensation from the aggressor. Regardless of whether criminal charges are filed.

Assault occurs when someone threatens bodily harm in a convincing manner. To things must be present to prove assault. First, the act must be intended to cause apprehension of imminent harmful or offensive contact. Second, the act actually caused apprehension in the plaintiff of imminent harmful or offensive contact. If someone threatens you, but it is unreasonable to believe that harm would occur, then there is no apprehension. Words alone are not enough, they must be accompanied by some physical action or behavior.

Battery is an unwanted or offensive touching of another. The contact must be intentional and non-consensual. If consent is present, it is not a battery. A battery can occur however slight the contact. Even trite physical contact can constitute a battery if it is offensive and unwanted. There are limits to this rule. The most common exception is often referred to as the Crowded World Theory. The theory states that reasonably necessary contact in everyday life is inevitable and must be accepted. For example, bumping into someone in a crowded stairwell, however offensive, may technically meet the elements of battery, but will not actionable under law.

Assault and battery are terms that are usually used interchangeably. As you can see, they are not the same thing. Though they may occur at the same time, it is typically the resulting battery that becomes the basis for a lawsuit. You may also recognize these terms from criminal proceedings. The Oak Ridge personal injury attorneys at Bryan W. Crews will help you handle your civil claim, regardless of whether the prosecutor files charges. You have a legal right to seek compensation for any injuries that result from an assault or battery.

Attractive Nuisance

Posted on: March 5th, 2018 by pmilakovic No Comments

Children are precious and full of wonder. They are adventurous, and sometimes they find themselves in precarious situations. Courts sometimes used the words “tender years” to describe children, particularly in the context of what the law calls an attractive nuisance. An attractive nuisance is any object or condition that would tempt a child to trespass onto property.

Examples of attractive nuisances include discarded appliances, swimming pools, construction sites, farm equipment, trampolines, pools and fountains, and abandoned vehicles. The issue in attractive nuisance cases is that children cannot comprehend the danger of the object. In this situation, the law imposes a duty on the possessor of the land. The landowner is required to secure the premises using reasonable efforts to safeguard trespassing children.

As a threshold issue, courts will determine whether the possessor of the land knew, or should have known, that the attractive nuisance existed. Obvious examples include construction companies that fail to secure the work site, or owners or residential swimming pools that do not install a fence. Close calls include discarded chest freezers, washers, and dryers. Examining these close calls, courts will inquire as to where the attractive nuisance was located, whether the landowner knew its location, and whether they could have reasonably assumed it would be attractive to a child.

Another issue is whether the child trespasser could have comprehended the danger. Entering a railroad yard and scaling a freight car would be an inherently dangerous activity for a child. However, a court would likely find that the child could not comprehend the danger.

Depending on the attractive nuisance, courts will also apply a balancing test. For example, the cost and burden of securing the premises may be greater than the risk the nuisance poses to children. If this is the case, even if your child is injured, liability will not attach. It is important to remember that technically, children in these case are trespassing. Trespassers are generally owed the lowest duty of care by possessors of land. However, when children are involved, the law takes into account their comprehension and the attractiveness of the nuisance. In Florida, residential swimming pools are common, and owners are required by law to install certain protections.

If your child has been injured on the property of another, and they were attracted to the property by a dangerous condition, contact Bryan W. Crews today, your Orlando personal injury attorney. The attorneys at Bryan W. Crews will guide you through the process, and evaluate your claim. You may be entitled to damages and other such relief. Each case is different, and results are not guaranteed.

Defective Products Personal Injury Law

Posted on: March 3rd, 2018 by pmilakovic No Comments

Hot coffee, rupturing silicone breast implants, addictive tobacco products, and faulty ignition switches are all examples of prominent products liability cases in the United States. When any product fails to perform as intended and causes harm, the manufacturer, distributor, supplier, or retailer may be liable to you for damages. This area of personal injury law is often called products liability law. Manufacturers and those in the supply chain owe a duty of care to their customers. If you have purchased a product that caused you or a loved one harm, contact Bryan W. Crews today, your Orlando personal injury attorney for a case evaluation.

There are three claims in Florida for products liability; design defect, defective manufacturing, and failure to warn.

Design defects are inherent flaws or errors in the product’s design that renders it unreasonably dangerous. You can hold the manufacturer liable if the product you purchased has a foreseeable risk when used as intended. For example, knives are designed to cut, and slicing your finger while preparing dinner is not an inherent design defect in the product. A ladder, however, that breaks while using it to clean the gutters would have an inherent design defect. When evaluating design defects, Florida courts will use the consumer expectations test. Would a reasonable consumer expect the product to be safe for its intended use? If the answer is yes, but the product injures the user due to an unreasonable hazard, the manufacturer, or possibly someone in the supply chain will be responsible for damages to the plaintiff.

Defective manufacturing is a mistake made during the manufacturing process itself. The product’s design is safe and sound, but something occurs during manufacture that renders it unsafe. A common example of defective manufacturing is foreign objects found in food, drinks, or medicine. Consumption of the food, drink or medicine is otherwise safe, but because the manufacturer allowed a foreign object into the product, the consumer was injured. These are unplanned defects, and you have a right to damages if you have suffered any harm.

The third type of products liability claim is a failure to warn. Manufacturers are required to provide adequate and appropriate warnings on potentially unsafe products. Failure to warn is typically a strict liability claim, meaning, the plaintiff does not need to prove negligence when bringing the claim. They simply have to show the manufacturer failed to provide an adequate warning. For example, manufacturers do not have to warn consumers that a matchbook is combustible and may cause afire. However, they would be required to warn that infants over a certain weight are not sufficiently secure in a car seat.

Florida has a statute of limitations governing products liability cases. You have four years from the date you discover the injury to file your claim. If you file after the recovery period, your suit will likely be barred by the court. Also, remember that Florida is a comparative negligence state. If you contributed in any way to your own injury, your recovery will be limited.

If you or a loved one have been injured, please contact Bryan W. Crews today, your Orlando personal injury attorney.

Do you have a personal injury claim?

Posted on: March 1st, 2018 by pmilakovic No Comments

If you were recently injured and required extensive medical treatment, you may be wondering whether the person responsible for your injuries is liable. Like many people, you may be receiving frequent bills and notices from your healthcare provider. Depending on the circumstances, you may not have an insurance policy to fall back on. Whether you can bring suit against the party responsible for your injuries is a complex question, and often requires the guidance of an experienced attorney.

First, to bring suit in civil court, you must be able to show that the responsible party acted negligently. Accidents happen, and sometimes no one is to blame for the resulting injury. However, accidents are also often caused by careless or reckless behavior. Careless or reckless behavior that falls below the threshold of criminal activity, but results in harm to another is actionable in a Florida civil court. The value of your claim is termed damages. Damages are awarded in a civil case for medical bills, lost income, future wages, loss of a loved one, and sometimes punitive damages are awarded for particularly egregious behavior.

However, note that contributing to your own injury will reduce or completely bar your recovery. This means that an award of $100,000 will be reduced by $20,000 if a court determines that you were 20% responsible for your own injury. Contributory negligence may have the effect of nullifying your entire claim.

Bryan W. Crews is a personal injury attorney practicing in Orlando, Florida. He handles a number of personal injury matters including dog bites, slips and falls, assault and battery, defamation, car accidents, truck accidents, motorcycle accidents, and work-related injuries. For a free evaluation of your claim, contact Bryan W. Crews today, your Orlando personal injury attorney. Each case is different, and results are not guaranteed.

The type of accident will dictate how your case is handled. For example, if you were hurt on the job, then your claim may be covered under Florida’s worker compensation laws. These laws exist to protect workers, and require certain employers to carry insurance that will cover medical bills and lost wages should you be injured on the job. The tradeoff is that this usually eliminates your right to sue for negligence, and further recovery for pain and suffering. While this legislation creates some efficiency, the worker’s compensation laws can be complex, and not every employer follows the rules. If you were injured on the job, contact your Orlando personal injury attorney today at Bryan W. Crews and Associates.

Florida is a no-fault state. Motorists are required by law to carry personal injury insurance. Like workers compensation laws, this legislation is an attempt at efficiency designed to free up court dockets. Before you can bring suit in a car accident case, your damages must reach a certain threshold. This means that many car accident injuries are resolved through mandated personal injury insurance. However, if your injuries are severe, you have suffered a significant or permanent loss of an important bodily function, permanent injury with a reasonable degree of medical probability, or death, you may have grounds to sue.

If you or a loved one have been injured, please do not hesitate to contact Bryan W. Crews and Associates, your Orlando personal injury attorneys.

Archive for March, 2018