Some funeral home mistakes are beyond outrageous. The son of an Alabama woman whose body was
found decomposing in the back of a hearse says he thought
his mother’s remains had been cremated two years ago.
Ted Kirby of Chattanooga, Tenn., said he can’t believe what
happened after the death of his mother, 52-year-old Edna Kathleen
Woods, in November 2007.
The owner of a Gadsden funeral home was charged with corpse
abuse this week after police found Woods’ decomposing remains in
the back of a parked hearse. Police say the funeral director told
them the woman’s family never paid him.
But the woman’s son said that’s not true. He said an insurance
company told him it had paid for funeral services. If your love one has been the victim of a funeral home mistake please call the Law Offices of Henry E. Gare at (904) 387-6101 for a free consultation.
Archive for June, 2009
Funeral Home Mistakes: Mother’s corpse found rotting in back of hearse
Monday, June 22nd, 2009Jacksonville accidents happen: Don’t forget to put ICE into your cel phone
Thursday, June 18th, 2009As a Jacksonville car accident attorney
I have been involved in many cases where victims are unable to tell EMTs or ambulance workers who to call in case of an emergency. These emergency medical technicians are trained to look at an injured victim’s cell phone to search for the contact “ICE”. ICE of course is “In case of emergency”. Be sure to input more than one phone number under your ICE contact list.
How to avoid a Jacksonville dog bite
Monday, June 15th, 2009
Dog bites and dog attacks happen everyday in Jacksonville. The following is an excellent guide on how to avoid a Jacksonville dog bite:
- Take precautions against dog attacks. Most dog attacks are the result of insufficient containment of the dog, or poor training. I.e. Bad owners. Unfortunately, the world will never be rid of bad owners, so it is wise to be prepared.
- Avoid smiling at the dog. You may be putting on a friendly face, but an aggressive dog sees you baring your teeth for a fight.
- Carry a weapon. If you must walk in an area that is known to have aggressive dogs that sometimes get loose, consider carrying an object to hit with, such as a bat or a cane. Where deadly force is not warranted, this can be used to keep some distance between you and the dog.
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Do not taunt a dog, even if you think it can’t reach you.
Dogs that are chained or tethered to a stationary object for extended periods of time are more likely to be aggressive, so do not come within their reach.[1]
- Look for warning signs. Most dogs are not aggressive but rather just curious or defending what they perceive as their territory. It is important to be able to tell if a dog is just playing or is being truly aggressive. While some breeds have been singled out as being particularly vicious (pit bulls, Rottweilers, Presa Canarios and their mixes (ref removed by wikihow spam filter, if you can put it back please do so) any mid-size and large dog breed can be dangerous (poodles, terriers[2]) so do not ignore warning signs because you think a certain breed is harmless or friendly.
- If the dog approaches you with its head held high or low, it is probably not going to attack. A dog whose head is level means business.
- A loping gait means the dog is playful and checking you out. An even, steady run means business.
- Remain calm. There’s some truth to the adage that dogs and other animals can sense fear. If you panic, you may make the dog feel more confident in his attack, or you may appear threatening to the dog. Neither of these is a good situation.
- Control the situation. Remember that most dogs are in subjugation to humans. A commanding “Down!” or “Go Home!” may stop an attack momentarily, giving you time to back away.
- Never Run. Running away can awaken the dog’s prey instinct to chase and catch animals, and he may pursue you vigorously even if its initial intent was just playful. In addition, you won’t be able to outrun a dog if you’re on foot. Even if you are on a bicycle you usually will not be able to outrun a dog.
- Assume a non-threatening position. Dogs will assume that you are poised to attack them if you face them head on and make eye contact. Standing sideways to the dog and keeping the dog in your peripheral vision instead of facing them and making eye contact, will signal to the dog that you are not a threat. If you can, fold your arms tightly to protect hands. If this cannot be effected without making sudden movements, keep your arms flat and still by your sides with clenched fists to protect fingers. In dog pack behavior, turning away does not indicate that you are submissive, but rather not positioned to attack the dog.
- Hold your position. Dogs have short attention spans. Often after some barking, the dog will lose interest and go away. Do not appear threatening to the dog, and don’t open your hands and arms up to a bite by extending them. Keep your fingers curled into fists to avoid getting them bitten. The dog may come quite close, even sniffing you, without actually biting.
- Curl into a fetal position if there is no way to avoid the physical attack.[3] Use your arms and hands to protect your face and neck, and curl up in a ball. Remain motionless and don’t scream. Dogs will almost always lose interest in you if you remain still.[4] Wait until the dog leaves the area before getting up.
- If you stay still and protect your face, chest, and throat, the dog will only be able to inflict puncture wounds on areas of your body that have thicker skin[5]. If the dog is biting, the last thing you want to do is struggle or pull away, as this can cause open, torn wounds.
- If the dog is biting someone else, do not pull the victim away for the very same reason. Find a large stick and strike the dog across the back of the neck. You could also try to force a long object or your arm horizontally in the dog’s mouth. Push it in forcefully towards the throat to minimize damage to yourself.[6] If you have time, wrap your arm in a shirt or jacket first.
- Don’t hit a dog on the head as they generally have very thick skulls and you will only make it angry.[7]The only place to hit a huge dog that will have an effect is across the back of the neck near the base of the skull or across the sensitive nose. This may not be useful in self defense but may be used if a partner is being attacked.
- If the dog attacks your dog, let go of the leash and do not interfere. Learn how to break up a dog fight.
- Back away slowly and leave the area once the dog loses interest in you. Staying calm and stationary can be a real test of your nerves in this situation, but it’s the best thing to do as long as the dog isn’t actually biting you.
- If a smaller dog is with the dog attacking you, then the big dog might just be trying to protect it. If this happens do not try and antagonize the smaller dog by looking at it in the eyes. The smaller dog may have “little syndrome” and feels the need to make itself feel bigger and more important by attacking you. And his bigger friend will follow suit. And if a smaller dog trys to attack, or “annoy” than just do the same as if it was a big dog because he too might have a bigger friend thats got his back.
If you or a love one has been the victim of a Jacksonville dog bite please contact Jacksonville dog bite lawyer Henry Gare at (904) 387-6101.
Florida family sues for grave mistake
Friday, June 12th, 2009
As a funeral home negligence attorney I continue to hear about cases involving the following facts:
For years the family of Jose Herrerra Sr. visited his grave at Dade Memorial Park and when his wife, Rosa, died two years ago, they promised to bury her next to him.
That’s when, the family says, park officials told them they didn’t know where Herrera’s body was.
Last month, the family filed a grave mistake lawsuit in Miami-Dade Circuit Court against Service Corporation International Funeral Services of Florida Inc., which oversees Dade Memorial Park.
Herrera is claiming emotional distress and mishandling of the body as well as misrepresentation that that was the final resting place for his father, who died in 2003. The family is seeking damages in excess of $15,000. Rosa Herrera’s body was buried temporarily until crews located her husband’s remains, which he said took them one month.
They were found buried 75 feet away from the marker that read “Jose Herrera Sr. Beloved Father,” he said. Herrera’s name was on the casket, which was not opened. If your family member has been the victim of a cemetery mistake, wrongful cremation or funeral home negligence make sure to call an experienced funeral home attorney. For a free consultation contact the Law Offices of Henry E. Gare at (904) 387-6101.
Jacksonville Dog Bites: What you need to know
Tuesday, June 9th, 2009Jacksonville Dog Bites: What you need to know
As a Jacksonville dog bite lawyer I have helped many victims of animal attacks. There are a number of things that every Floridian needs to know when and if they experience an adverse encounter with a dog. Florida adheres to a strict liability statutory framework for imposing liability on dog owners when their pets become unruly. Liability is established by showing that 1) the defendant is the true owner of the dog, and 2) the attack occurred while the victim was in a public place or was lawfully in a private location. So, trespassers are excluded from the potential pool of victims afforded protection by the dog bite statute. However, depending on the circumstances surrounding each individual attack, there may have been an implied invitation sufficient to defeat the trespasser defense. Furthermore, potential recoveries will be reduced by any comparative negligence committed on the behalf of the plaintiff. If you or a loved one have been the victim of a Jacksonville dog bite please call the Law Office of Henry Gare at (904) 387-6101 for a free consultation.