California dog bite laws give victims legal grounds to recover compensation for injuries and damages caused by dog attacks. However, dog bite laws can be complicated, and cases are not always easy to win. Laws can change, such as the new dog bite disclosure law. Hiring a Sacramento dog bite attorney who understands the law and the legal requirements to prove liability gives victims a better chance of receiving a just and fair settlement after being bitten by a dog.
New Dog Bite Disclosure Law in California
A new dog bite disclosure law became effective as of January 1, 2020. The bill, signed into law on October 2, 2019, by Gov. Newsom, requires certain groups to disclose information regarding the bite history of a dog that is being adopted.
California Assembly Bill 588 requires humane societies, animal shelters, and rescue groups to inform a potential adopter of the known bite history of the dog. Adopters are required to sign a statement verifying that they have been informed of the dog’s bite history. Dogs that are placed for adoption, transferred, or given away are subject to the new law.
The law does not prohibit a dog that has a known bite history from being adopted or given away. It does protect people from adopting a dog with a known bite history by ensuring they are aware of the dog’s history before deciding whether to adopt the dog.
California’s Strict Liability for Dog Attacks and Dog Bites
Dog owners can be held strictly liable for damages if their dog attacks or bites someone. As long as the person did not provoke the dog and was legally on private or public property when the attack occurred, the dog owner is liable for damages. However, the victim must prove that the dog did in fact bite the victim, and the victim sustained damages to recover compensation for damages. The dog owner could also have one or more defenses in some cases.
Five Steps to Take After a California Dog Bite
The steps you take after being bitten by a dog in California can make a difference in how your dog bite claim is resolved. Five steps that can help protect your legal rights after a dog bite are:
1. Seek medical attention for the dog bite. Even a minor dog bite injury can result in infections or other complications that impact your health and wellbeing.
2. Photograph your injury. Taking pictures of the dog bite injury as soon as possible after the attack helps document the injury for a claim.
3. Report the dog bite. Report the dog bite to the dog owner and local animal control agencies.
4. Ask eyewitnesses for contact information. Eyewitness testimony can be extremely valuable when establishing fault for a dog bite claim. Ask witnesses for their names and contact information.
5. Contact a Sacramento Dog Bite Injury Lawyer immediately. An attorney familiar with dog bite laws and dog bite injury claims can help you take the additional steps necessary to hold the dog owner responsible for medical bills, loss of income, emotional distress, scarring, physical pain, and other damages.
Contact Our Sacramento Dog Bite Attorneys for Help
To schedule a free consultation with one of our Sacramento dog attack attorneys to discuss your case, call The Tiemann Law Firm at (916) 999-9000.
California is one of 19 states that has a universal helmet law for motorcyclists. All motorcyclists and passengers must wear a motorcycle helmet while riding in California under California Vehicle Code §27803. Even though the state has a mandatory motorcycle helmet law, that does not mean that every person riding a motorcycle obeys the law. If you were injured in a motorcycle helmet and were not wearing a motorcycle helmet, that fact could have a substantial impact on your ability to recover compensation for injuries.
Fault for a Motorcycle Accident
California has a fault-based system for apportioning damages in a motor vehicle accident. The person who causes an accident is liable for damages arising from the accident. Therefore, if another driver caused your motorcycle accident, that driver should be responsible for compensating you for your physical injuries, emotional damages, and financial losses related to the motorcycle accident. However, California’s pure comparative fault laws also impact compensation for an accident claim.
According to the state’s pure comparative fault laws, an accident victim’s compensation can be reduced by the percentage of fault assigned to the victim for causing the accident. In other words, if a jury were to find that you were 30 percent at fault for the cause of the motorcycle accident, the compensation you should receive for your accident claim would be reduced by 30 percent. If you should receive $100,000 for your injury claim, the most you could receive would be $70,000 if you were 30 percent at fault for causing the accident.
Does Failing to Wear a Motorcycle Helmet Factor into Liability for the Accident?
No, failing to wear a motorcycle helmet should not be a factor in determining fault for the cause of the motorcycle crash. Therefore, failing to wear a motorcycle helmet should not impact your recovery for a motorcycle accident in which you had no fault for the cause of the crash.
However, if you suffered head or facial injuries during the crash, your failure to wear a motorcycle helmet could have some impact on the amount of money you receive for your claim. The insurance company will argue that your injuries may not have been as severe had you been wearing a motorcycle helmet at the time of the crash. Because all individuals have a duty to mitigate their damages whenever possible, your failure to wear a motorcycle helmet as required by law could be a factor in the case.
An experienced California motorcycle accident attorney will argue that your injuries, including any head or facial injuries, would never have occurred had it not been for the negligence of the other driver.
Contact a California Motorcycle Accident Attorney for More Information
Motorcycle accident claims can be difficult to win. Insurance companies use every available defense to avoid paying a motorcycle accident claim. If you were injured in a motorcycle crash, especially if you were not wearing a motorcycle helmet, you need an experienced California motorcycle accident attorney on your side.
Contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website to schedule a free consultation with one of our California motorcycle accident lawyers.
Being injured in a California motorcycle accident can leave you feeling helpless and overwhelmed. In addition to the property damage to your motorcycle and your physical injuries, you may also experience a significant loss of income from being out of work. The emotional and mental stress of dealing with your injuries and the settlement of the accident claim can take a great toll on your ability to focus and concentrate on work and home responsibilities.
The California motorcycle accident lawyers of The Tiemann Law Firm want to help. Our legal team handles all aspects of your motorcycle accident claim, including calculating the value of your injury claim and negotiating with the insurance company for a fair settlement.
What Compensation Can You Receive for a Motorcycle Accident Claim?
It can be difficult to know who much your motorcycle injury claim is worth unless you know what damages may be included in your claim. Several economic and noneconomic categories of damages are included in a personal injury claim. For a motorcycle accident claim, damages typically fall into one of four main categories:
The damage to your motorcycle needs to be assessed by a competent, experienced motorcycle repair facility. If you did not cause the accident, the insurance company for the responsible party should pay to repair your motorcycle to return it to its condition before the crash. If the cost to repair the motorcycle exceeds the value of the vehicle, the insurance company should pay you the fair market value for the motorcycle in settlement of your property damage claim.
Motorcyclists can sustain severe and traumatic injuries in a motorcycle crash. Medical bills are typically a large component of a personal injury claim for a motorcycle accident. You should wait until your doctor releases you and provides an impairment rating before you settle your motorcycle accident claim. You want to ensure that you include all medical bills, including the cost of ongoing or future medical treatment, in the settlement demand for your accident.
Loss of Income
Loss of income is another substantial damage in a motorcycle accident claim. Depending on the severity of your injuries, you could also have a loss of earning capacity or future loss of wages if you sustain a disability or impairment. Calculating damages for future loss of income can be complicated. In most cases, an expert witness is required to project the future loss of income based on numerous factors, including your age, education, abilities, experience, and career.
Pain and Suffering
You are also entitled to demand compensation for your pain and suffering or noneconomic damages. Noneconomic damages included in a settlement vary. Examples include:
- Physical pain
- Emotional distress
- Loss of quality of life or enjoyment of life
- Mental anguish
- Scarring and disfigurement
- Permanent impairments and disabilities
The value of your pain and suffering is subjective. An experienced motorcycle accident attorney in Sacramento understands how to use the facts in your case to maximize the amount you might receive for your noneconomic damages.
Get Help from a Sacramento Motorcycle Accident Attorney
You do not need to handle your claim on your own. Our legal team works closely with clients to document the injuries and damages for a personal injury claim. We fight for full compensation of all damages for injured motorcyclists.
Contact our Sacramento motorcycle accident attorneys for a free consultation by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website.
When you purchase a product, you never expect that product to cause an injury. Unfortunately, millions of people are injured by dangerous and defective products in the United States each year. Knowing what to do if a product injures you or your family members is important. The steps you take after a product injury can have a significant impact on your ability to hold the manufacturer or other parties liable for your damages and losses in a product liability claim.
What is a Product Liability Claim?
You may have a valid product liability claim if a product injures you because the product was defective. Before you can recover compensation for your damages, you must prove that the manufacturer or other liable party owed a duty to you; the party breached that duty; and, you sustained harm, such as a physical injury and financial damages. A Sacramento product liability attorney can help you gather evidence to prove each element of a product liability claim.
Who is Responsible When a Product Injures Someone?
The party or parties responsible for damages in a product liability case are determined by the type of defect that caused the injury. If the product’s design is faulty, the original designer may be liable for damages. However, if the manufacturer changed the product’s design or altered the way the product should be manufactured, the manufacturer may be liable. Distributors and sellers can be held liable for product liability claims in some cases.
A product liability attorney investigates the circumstances that lead to the injury to identify the responsible parties. It is important to identify all the responsible parties to maximize your chance of recovering full compensation for all damages and losses.
What Should I Do After a Product Injuries Me?
One of the first things you should do is seek medical attention. You need to prevent your injury from becoming worse, but you also need to document your injuries for a potential defective product claim. A key element in proving a product liability claim is proving that you sustained damages as a result of the defect in the product. Physical injuries are the most common type of damage, followed by financial and emotional damages.
If possible, try to preserve the product, packaging, and instructions for evidence. In some cases, it could be dangerous to preserve the product. If it is dangerous to keep the product, keep whatever you can and take pictures, if possible, of the parts that you must dispose of to prevent further injury. Also, if you suspect the product is dangerous, you may want to contact local authorities to discuss proper disposal. If so, keep detailed notes about all conversations with officials.
Contact a Sacramento Product Liability Attorney for Help
Product liability claims are complex. They often involve complicated questions about the design and the manufacturing process. A product liability attorney can locate expert witnesses to assist in proving the product was defective or dangerous and how that element caused your injury.
For a free consultation and case review, contact The Tiemann Law Firm by calling (916) 999-9000.
Boating is a popular form of recreation and relaxation in California. Residents enjoy California’s lakes, rivers, and beaches. It is understandable when you see the beauty of our bodies of water why so many people would want to spend time on the water. However, accidental injuries are possible when operating a boat or other water vessel. Below are several boating safety tips that can help reduce the risk of a boating injury.
Obtain Your California Boater Card
As of January 1, 2019, persons 25 years of age or younger are required to obtain and carry a boater card to operate certain water vessels in California. Each year, additional age groups are added on January 1 for the boater card requirement until all individuals are required to carry a boater card by January 1, 2025. As a requirement to obtain your card, you must complete a boating safety course. Even though you may not be required to carry a boater card yet, it is a good idea to apply for your card because taking a boating safety course teaches important skills and safety tips that reduce the risk of boating injuries.
Inspect Your Boat Before Each Outing
Always conduct a pre-departure check to ensure that your boat is in good working order. If there is a problem, do not take your boat onto the water. Discover Boating has a printable version of its pre-departure checklist available on its website.
Always Check the Weather
Before leaving the dock, check the weather conditions. Make sure you have a weather radio on your boat and sign up for weather alerts on your cell phone. If you notice clouds, high winds, or changing weather conditions, it is best to head to the dock and get off the water.
Never Drink and Boat
Boating DUI is against the law. It is also dangerous and potentially deadly. No one should operate a boat under the influence of alcohol or drugs.
Obey All Boating Laws
Speeding, reckless driving, and other infractions of boating laws can lead to accidents on the water. Boat operators should be aware of the boating laws in California and obey those laws at all times. In addition to putting yourself and others at risk, you could also receive a costly fine for breaking boating laws.
Designate a Lookout
A boat operator must remain alert at all times. Distracted boating is a serious problem that results in tragic accidents. However, an operator should have a designated lookout who also watches for dangers and hazards on the water.
Be Careful in the Water
Do not allow passengers to swim near the motor, even when the boat is off. If you are going to get into the water, turn the boat off to avoid an accident. Always monitor passengers who are in the water for signs of distress. Everyone should wear a life jacket when in the water, water-skiing, or tubing, even if they are strong swimmers.
Contact a California Boating Injury Attorney
If you are injured in a boating accident, you may be entitled to compensation for your injuries. A thorough investigation of the incident is required to identify the cause of your injuries and identify the responsible parties. Our Sacramento boating injury attorneys understand laws related to boating accidents and injuries.
Contact The Tiemann Law Firm for a free consultation with a California boating injury lawyer by calling (916) 999-9000 or by visiting our website.