Archive for July, 2008

Florida dog bites: When is a homeowner responsible?

Wednesday, July 30th, 2008

dogAs a Jacksonville attorney that represents victims of dog bites I am asked a lot about who is responsible when a dog bites someone. Under Florida statutes the owner of a dog that bites someone is liable for damages including medical bills, lost wages, scarring and pain and suffering regardless of whether or not the dog was labeled vicious or if it had bitten before. There is no “one bite rule” in Florida.

Comparative negligence still applies so if the victim caused the dog to bite them the liability of the dog owner will be reduced. If the attack happens on private property the victim must have been invited onto the property or lawfully there for a business purpose, this includes postmen. However the owner is not liable if they displayed a easily readable sign that states “Bad Dog”. We have been successful in cases where the owner has displayed the bad dog sign but still told the victim it was okay to come onto the property.

If you have been bitten by a dog or need more information regarding whether or not you could be liable you should contact a Florida dog bite lawyer.

GOOG411- Free directory assistance for Florida attorneys and everyone else

Monday, July 28th, 2008

goog411-logoFlorida lawyers and everyone else should put 1-800-GOOG-411 on their speed dial. It is a free service from Google. Instead of paying for directory assistance you call GOOG411 and ask for the phone number to any business. Google’s new 411 service is free, fast and easy to use. Give it a try now and see how simple it is to find and connect with local businesses for free.

JSO police car involved in fatal Jacksonville auto accident: Can the Sheriff’s Office be held accountable?

Wednesday, July 23rd, 2008
cop.jpegA Jacksonville police car struck and killed a man walking his dog Tuesday night. The Jacksonville auto accident occurred as the officer was on his way to an emergency call.

61 year old, Ronnie James Wilson Sr. died at the scene. The Jacksonville Sheriff’s officer was responding to a call for gunshots on the north side of Jacksonville. Mr. Wilson was struck and killed while walking his dog across the street.

Under Florida Statute 768.28 the Sheriff’s office may have a claim for damages filed against it if it is proven the officer was negligent and caused the wrongful death. The Sheriff’s Office can be liable for Florida automobile accidents in the same manner and to the same extent as a private individual. Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $100,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $200,000. However, a judgment or judgments may be claimed and rendered in excess of these amounts and may be settled and paid pursuant to this act up to $100,000 or $200,000, as the case may be; and that portion of the judgment that exceeds these amounts may be reported to the Legislature, but may be paid in part or in whole only by further act of the Legislature..

Another funeral home mistake: fortunately the body could be re-buried

Sunday, July 20th, 2008

798614_grave_stoneHaving recently represented a Jacksonville family who’s brother was mistakenly cremated I can tell you that Lillian Grogan’s family went thru a nightmare.

Family members in Stickney, Illinois who arrived at a funeral home to view the body of 91-year-old Lillian Grogan found another woman’s body in the casket instead — wearing Grogan’s dress and favorite bracelet.

The Mount Auburn Funeral Home in Stickney had incorrectly tagged the bodies of Grogan and another woman, said granddaughter Michele Grogan, who said the family discovered the mistake Monday.

Much worse, she said, was that funeral home officials weren’t immediately sure where Lillian Grogan’s body was.

The family eventually learned their grandmother had been mistakenly buried, and obtained a court order to have her body exhumed Tuesday. Lillian Grogan, of Burbank, was to be reburied Wednesday at a cemetery in Stickney. If your family member in Jacksonville, Florida or anywhere in the country is mistakenly cremated or buried you should contact a funeral home negligence lawyer to understand your rights.

Allstate ranked as worst insurer for consumers- What all Jacksonville personal injury attorneys already knew

Monday, July 14th, 2008

allIn dealing with Florida car accidents and Florida homeowner’s claims we Jacksonville attorneys know how horrible Allstate is when it comes to protecting it’s insureds. Now it is official. According to the American Association for Justice Allstate ranks as the worst insurer for consumers, according to a comprehensive investigation of thousands of legal documents and financial filings.

The rankings show a distinct pattern of insurance industry greed amongst 10 companies that refuse to pay just claims, employ hardball tactics against policyholders, reward executives with extravagant salaries, and raise premiums while hoarding excessive profits.

“While Allstate publicly touts its ‘good hands’ approach, it has instead privately instructed its agents to employ a ‘boxing gloves’ strategy against its policyholders,” said American Association for Justice CEO Jon Haber. “Allstate ducks, bobs and weaves to avoid paying claims to increase its profits.”

Allstate (NYSE: ALL) set the standard for insurance company greed and placing profits over policyholders. Allstate contracted with consulting giant McKinsey & Co. in the mid-1990s to systematically force consumers to accept lowball claims or face its “boxing gloves,” an aggressive strategy designed to deny claims at any cost. One Allstate employee reported that supervisors told agents to lie and blame fires on arson, and in turn, were rewarded with portable fridges.

Many Florida attorneys have stopped taking cases against Allstate. We have represented injured clients against Allstate for the last 16 years and will continue to do so. If you have been hurt in a Jacksonville accident involving Allstate remember to call the Law Offices of Henry E. Gare at (904) 387-6101.