Archive for 2009

Jacksonville dog bite answers: Who is liable?

Saturday, November 14th, 2009

images-11Jacksonville dog bite answers: Who Is Liable: Owners and Keepers
The informative website doglaw.hugpug.com has the following helpful information-
Usually, a dog’s owner is legally responsible for damage or injury the dog causes. But someone else may also be liable, if any of the following is true:

Someone besides the owner was taking care of and had control over the dog.
The dog’s owner is less than 18 years old.
The owner’s landlord knew the dog was dangerous but didn’t do anything about it.
The dog was on someone else’s property, and that person was negligent in not removing the dog.
Under the common law (discussed above), someone who harbors or keeps a dog is just as liable as the legal owner of a dog if the dog causes injury. Many state dog-bite laws also make the “owner or keeper” of a dog liable for damage or injury the dog causes.

Keepers and Harborers
A “keeper” is someone with care, custody, and control of a dog.46 A Minnesota court put it this way:

Harboring or keeping a dog means something more than a meal of mercy to a stray dog or the casual presence of a dog on someone’s premises. Harboring means to afford lodging, to shelter or to give refuge to a dog. Keeping a dog … implies more than the mere harboring of the dog for a limited purpose or time. One becomes the keeper of a dog only when he either with or without the owner’s permission undertakes to manage, control or care for it as dog owners in general are accustomed to do.47 If or a loved one has been the victim of a Jacksonville dog bite and you need answers call the Law Office of Henry Gare at (904) 387-6101 seven days a week.

Jacksonville Pedestrian Accidents

Tuesday, November 10th, 2009

images-1Jacksonville has the 4th highest death rate for pedestrian accidents. Walking in Jacksonville is dangerous everywhere, according to a national study released Monday. It found that Jacksonville is the fourth most dangerous metropolitan area in the country for pedestrians.

The rest of Florida isn’t so safe, either: The three most dangerous areas were Orlando-Kissimmee, Tampa-St. Petersburg-Clearwater, and Miami-Fort Lauderdale-Pompano Beach.

Other cities in the top 10 most dangerous include Memphis, Tenn; Louisville, Ky.; Houston; Birmingham, Ala.; and Atlanta.

This study demonstrates the need for more spending on pedestrian safety, said Geoff Anderson, co-chairman of Transportation for America , the Washington, D.C.-based advocacy group that conducted the study.

Its review was based on what it called a “pedestrian danger index,” which uses the average pedestrian fatality rate per 100,000 population and the percentage of people who walk to work.

Only metropolitan areas with a population of more than one million were counted.

Jacksonville had an average of 2.61 deaths per 100,000 population, the fifth-highest death rate in the country behind the other Florida areas and New Orleans . Jacksonville rated worse than New Orleans overall because fewer residents here walk to work. If you have been injured in a Jacksonville accident please call the Law Offices of Henry Gare at (904) 387-6101.

Jacksonville Car Accidents involving hybrids

Saturday, November 7th, 2009

imagesIn the desire to go “Green,” the steady increase in hybrid cars on the road are causing a drastic increase in the number of Jacksonville car accidents with pedestrians and bicycle riders. According to a recently released report from the National Highway Traffic Safety Administration, due to the lack of noise generated from hybrid engines, pedestrians and cyclists are less likely to hear such vehicles that were turning, slowing or backing up.
Thankfully, in light of this unintended side-effect, vehicle manufacturers are apparently proposing to include a device in their vehicles which would generate noise under certain circumstances, such as the back-up warnings used on commercial trucks.
The study reviewed over 8,000 hybrid and 550,000 non-hybrid car accidents in 12 states, including Florida, and determined the collisions usually took place at low speeds, when the sound difference between a hybrid and traditional car engine is the most pronounced. If you or a loved one have been involved in a Jacksonville car accident be sure to call the Law Offices of Henry Gare at (904) 387-6101.

Florida Grave Robbery

Saturday, October 31st, 2009

images5Florida grave robberies continue throughout the state. Homicide detectives were dispatched recently to the house of Gary S. Thomas, 60 a former gravedigger and member of the “Satan Saints” motorcycle gang.

Pinellas County deputies spotted the skull sitting on a table when they went to Thomas’ home on an unrelated call. They notified homicide.

There was, however, no homicide.

The skull was that of one Ruth Keaton who died in 1948 of complications while having her appendix removed. She was buried in Royal Palm Cemetery in St. Petersburg.

In 1981 grave diggers were preparing a plot right next to Keaton’s. Her grave collapsed as they dug the new one. Gravedigger Bobby Anderson took the skull before they put the rest of Ruth back in the grave. He later gave it to fellow gravedigger Thomas.

“I just thought it was kind of neat,” Thomas said in an interview with The Associated Press today. “I was probably pretty nice about it. I always took care of it. I didn’t let anything happen to it. I guess I did my part and just kept her, kept her safe.”

Through St. Petersburg Times archives, vital statistics and wedding announcements from the 1940s, investigators found Mark Keaton, Ruth’s nephew who declined to press charges. If your love one has been the victim of a Florida grave robbery you may have a claim for tortious interference with a dead body. The Law Offices of Henry Gare at (904) 387-6101 has represented victims of funeral home, cemetery and cremation negligence for over 15 years.

Jacksonville Motorcycle Accident Answers

Saturday, October 24th, 2009

images4Jacksonville Motorcycle Accident Answers:
Is Florida motorcycle accident law the same as Florida automobile accident law?

Answer: No. Motorcycle law and automobile law differ greatly. The requirement of sustaining a permanent injury is not required in a motorcycle accident. There is no restriction on recovery for pain and suffering. Some insurance companies do offer a special motorcycle PIP that is similar to the coverage offered to an automobile. However, since motorcycle PIP is not required by Florida law, the coverage is not regulated by Florida law. Motorcycle PIP is covered by the terms of the insurance contract.

What kind of insurance should I carry?

Answer: Bodily Injury coverage. In the rare case that you, as a motorcycle rider, injures
someone, you are covered.

Property damage. Property damage liability coverage protects you if you damage someone else’s property with your motorcycle by driving negligently. It does not protect you for any bodily injury the other person sustains, if you caused their injury due to your negligence.

Uninsured/Underinsured Motorist Coverage:

If you are injured in a motorcycle accident, the negligent person’s Bodily Injury “BI Liability Coverage” should hopefully cover your medical bills, lost wages, as well as your pain and suffering. However, what if your medical bills, lost wages, and pain and suffering exceed the negligent person’s Bodily Injury coverage? Or even worse, what if that person causing a motorcycle accident has no Bodily Injury coverage at all? To protect yourself and your family, you must have Uninsured Motorist coverage (UM) to protect you! UM coverage takes the place of the Bodily Injury coverage the negligent driver may not have had. Statistics show that twenty-five (25%) of automobile drivers in the State of Florida are driving without any insurance whatsoever.

Underinsured Motorist coverage protects you from the negligent automobile driver
who has only a minimal policy, which cannot compensate you for your serious injuries. Many drivers in Florida have only the minimum coverage of $10,000 in Bodily Injury coverage. This is simply not enough to cover most motorcycle rider’s injuries.

When obtaining your motorcycle insurance, please make sure you have Uninsured and Underinsured Motorist coverage of at least $100,000. You can also get “Stacked” UM coverage, which increases your UM by the number of vehicles you own, which have their own UM coverage. You must make sure, however, that when you obtain your coverage, that it is indeed, “stackable”. If you have been injured in a Jacksonville motorcycle accident be sure to call an experienced Jacksonville motorcycle accident attorney.