As a Jacksonville slip and fall attorney I am often asked by clients: How do I know if I have a case against the owner.
Liability
To be legally responsible for the injuries you suffered from slipping or tripping and falling on someone else’s property, one of the following must be true:
The owner of the premises or an employee must have caused the spill, worn or torn spot, or other slippery or dangerous surface or item to be underfoot.
The owner of the premises or an employee must have known of the dangerous surface but done nothing about it.
The owner of the premises or an employee should have known of the dangerous surface because a “reasonable” person taking care of the property would have discovered and removed or repaired it.
The third situation is the most common, but is also less clear-cut than the first two because of those pesky words “should have known.” Liability in these cases is often decided by common sense. Judges and juries determine whether the owner or occupier of property was careful by deciding if the steps the owner or occupier took to keep the property safe were reasonable.
Posted in slip and fall accidents | No Comments »
As a Jacksonville automobile accident attorney I have represented many injured people who have been hurt because another driver was texting This morning the Department of Transportation announced — finally — that the operators of trucks and buses on U.S. roadways will no longer be able to text while they should be watching the road.
Transportation ecretary Ray LaHood is quoted in this Reuters story:
“We want the drivers of big rigs and buses and those who share the roads with them to be safe,” LaHood said. “This is an important safety step and we will be taking more to eliminate the threat of distracted driving.”
Failure to obey will come with a hefty cost, too: as high as $2,750.
Those penalties — and even jail time — are more than justified by the danger these drivers are creating; danger to their passengers, other drivers, and themselves. We at the Law Offices of Henry Gare applaud the D.O.T. for their decision.
Posted in Automobile Accidents | No Comments »
As a Jacksonville car accident attorney I am asked the following question all the time: I had a car accident, now what?
Try to stay calm. Panic can make others panic and the situation worse. There needs to be a calm person to determine the extent of damage and to determine if there are any injuries that need immediate medical attention.
File a Car Accident Report with the Police
Even in a minor accident it is important to make sure there is a legal accident report. Do not leave the scene until the police file a full report.
Discuss the Car Accident Only with the Police
With everyone all shook up it can be hard not to talk about what just happened, but that can also lead to you not thinking clearly and accurately about what happened. It is important to limit your discussion of the accident and not to admit any fault or liability. You should talk about the accident with the police and your insurance agent only.
Get the Facts
This is the part most people know to do, but often forget to after the accident for one reason or another. It is important to get names, address, and phone numbers of everyone involved in the accident. A description of the car and license plate number can also be helpful, but make sure you also get their insurance company and the vehicle identification number of their car. Don’t just assume the license plate number will do because most insurance companies only record the type of car and the vehicle identification number, not the license plate number.
Call you Insurance Agent
Call your agent or insurance company’s 800-number immediately, even at the scene with the police if possible. Sometimes the police officer can give your insurance company more accurate information rather than information you may not be recording properly because you are upset by the accident. This can save you a lot of time later waiting for your claim to be processed.
Posted in Automobile Accidents | 3 Comments »
Cremation negligence answers: As a funeral malpractice attorney who represents the families of loved ones who have been wrongfully cremated I am frequently asked what to do if you suspect a mistake has been made. The first thing to do is to call you local health department. If your local health department is closed you should call the police. Any documentation you are given should be copied or photographed. This would include contracts and all identification materials. Make sure to write down the names of any witnesses and any funeral home or crematory employees that you deal with. If you are asked to give back any remains do not do so until you have spoken to an experienced cremation negligence attorney.
Posted in Funeral Home, Cemetery and Cremation Mistakes | No Comments »
If you are a victim of a Jacksonville dog bite or Jacksonville dog attack the first thing you may ask yourself is do I need a rabies shot. The answer is probably not. Rabies is uncommon in dogs and cats in the United States. If a dog or cat that bit you appeared to be healthy at the time of the bite, it’s unlikely that the animal had rabies. However, it’s a good idea to take some precautions if you’re bitten by a dog or cat.
If you know the owner of the dog or cat that bit you, ask for the pet’s vaccination record (record of shots). An animal that appears healthy and has been vaccinated should still be quarantined (kept away from people and other animals) for 10 days to make sure it doesn’t start showing signs of rabies. If the animal gets sick during the 10-day period, a veterinarian will test it for rabies. If the animal does have rabies, you will need to get a series of rabies shots (see below).
If the animal is a stray or you can’t find the owner of the dog or cat that bit you, call the animal control agency or health department in your area. They will try to find the animal so it can be tested for rabies.
If the animal control agency or health department can’t find the animal that bit you, if the animal shows signs of rabies after the bite or if a test shows that the animal has rabies, your doctor will probably want you to get a series of rabies shots (also called post-exposure prophylaxis). You need to get the first shot as soon as possible after the bite occurs. After you receive the first shot, your doctor will give you 5 more shots over a 28-day period. If you or your child has been the victim of a Jacksonville dog bite or Jacksonville animal attack please call the Law Offices of Henry E. Gare at (904) 387-6101.
Posted in Dog Bites & Animal Attacks | No Comments »
