August 2011 Archives

August 9, 2011

Oregon Mut. Ins. Co. v. National General Ins. Co. Determines California Dog Bites Not Covered By Auto Insurance Policy

In a recent Ninth Circuit case, the court determined that under California law, an insured's auto insurance policy did not cover a person's injury from a dog bite. In Oregon Mut. Ins. Co. v. National General Ins. Co., an individual approached a dog in the back of the insured's pickup truck to pet the animal. The dog then bit the person. The court determined that the injuries were not covered by auto insurance because the bite did not occur as the result of the use of the pickup truck but rather, it just provided the location where the accident occurred.

Animal attacks are frightening and can result in both long lasting physical and emotional injuries. Often the animal attacking is a beloved pet and many times it is a child that sustains an injury. In many cases the attack comes out of the blue - an individual approaches the animal to pet or to greet it, only to be met with a fierce attack. If you have been injured from a dog bite or animal attack, contacting a Los Angeles dog bite lawyer should be your first step.

A knowledgeable dog bite/animal attack lawyer can help answer your dog bite questions and determine your right to compensation. Dog bite and animal attack victims may be able to recover emotional damages, past and future lost wages, and medical costs associated with treating an injury.

Statistics reveal that each year more than 800,000 people in the United States suffer injuries from dog bites and other animal attacks, ranging from minor flesh wounds to serious injuries. Generally, owners are strictly liable for dog bites. This means that they are responsible for injuries that occur. These injuries may be covered by homeowners insurance, but as is determined in Oregon Mut. Ins. Co., not by auto insurance. However, some exceptions may exist. An experienced animal attack attorney can help review insurance policies to determine whether adequate coverage exists. If no - or inadequate - insurance exists, then the owner of the pet may be required to pay out of pocket for any injuries.

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August 2, 2011

$17 Million Wrongful Death Verdict Against MTA

This past Friday a Los Angeles jury awarded $17 million to the family of a blind passenger - Cameron Cuthbertson - who died in a Metro Blue Line accident. The wrongful death lawsuit was filed by Cuthbertson's mother after the Compton man accidentally mistook a gap between trains as a door. The lawsuit alleged that the MTA was negligent and failed to have adequate barriers on the train platforms as required by the Americans with Disabilities Act (ADA). Since the 2009 accident, the MTA has installed barriers to prevent more accidents from occurring.

Representatives of the family note, "The evidence was overwhelming that for 19 years, the MTA failed to protect the disabled and the visually impaired."

Wrongful death cases can arise in virtually any situation where a person, entity or company acts carelessly or recklessly. Here - the failure to take action to protect against a known danger lead to Cuthbertson's tragic death. Where negligent conduct results in a serious personal injury or wrongful death, the survivors may be able to recover compensation. Survivors may include spouses, parents, children or siblings depending on each case.

If your family has been affected by a wrongful death, it is important to contact an experienced wrongful death lawyer who understands the devastation impact a tragic accident can have on a family and has the experience to successfully resolve these claims.

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