A Bite is Worse than a Bark

Posted on May 10, 2012 by Ann Sheeley

As the weather continues to improves, chances are you’ll be taking an occasional walk outside in the sunshine. Remember to be cautious of unfamiliar dogs along the way. Getting bit by a dog can be a very frightening and painful experience. After your initial shock subsides, it’s important to protect your health – and your rights.

When a person is bitten by a dog, the dog bite statute of Rhode Island provides for strict liability unless the dog was within its owner’s enclosed area. It also mandates that, if attacked by a dog that previously engaged in conduct bringing the dog within the state’s dog bite law, the victim is entitled to double damages.

Here are some important facts about the Rhode Island Dog Bite Law:

  • It applies not only to owners but to anyone who is a “keeper” of the dog.
  • Any injury brings the incident within the coverage of the law, whether or not a bite.
  • The victim can be a human, a dog or other domestic animal, or a sheep, lamb, cattle, horse, hog, swine or fowl.
  • After the first bite, a dog owner or keeper is liable for double damages if and when the same dog attacks again.

The Rhode Island Supreme Court summarized the state’s dog bite statute in just 10 words: “strict liability attaches for any injury occurring outside the dog’s enclosure.” Johnston v. Poulin, 844 A.2d 707 (Rhode Is. Sup. Ct., 2004). On the other hand, “If injuries are suffered within an owner’s enclosed area, the strict-liability statute does not apply, but rather the common law continues to apply and dictates that the plaintiff first must prove that the defendant knew about the dog’s vicious propensities, a … requirement commonly known as the ‘one-bite rule.’” DuBois v. Quilitzsch, ___ A.2d ___ (Rhode Isl. Sup. Ct., 2011).

When the statute does not apply, a dog owner, harborer or keeper still can be responsible for being negligent or breaking a law, such as a leash law, or for intentional conduct that causes the dog to bite.

If you are the unfortunate victim of a dog bite, consider the following recommendations.

  • Regardless of the severity of the dog bite, it is smart to seek medical attention.
  • Contact the dog’s owner, get a name and address and check for rabies vaccinations.
  • Obtain insurance information. Get the name of the dog owner’s homeowner’s insurance company, if they have insurance.
  • Take pictures of your injuries and perhaps the dog as well. If the case ends up going to trial, you want to be able to show what the dog looks like.
  • Get names, phone numbers and addresses of any witnesses. Witness statements will provide an accurate record, as close in time as possible to the dog bite, of exactly what these witnesses saw. This is something your attorney can do.

Here are some things you should avoid.

  • Do not discuss your case, give a recorded statement, or discuss settlements with the insurance adjustor.
  • Do not post details of the experience on social media sites. This could impact your case.
  • Don’t assume the dog is healthy. In many cases, a dog should be quarantined to determine whether or not it has rabies. This can also affect liability. If the dog owners knew of the rabies and allowed the dog to be in a position to bite somebody, then punitive damages might be awarded.

If you’ve been injured due to a dog bite, take the appropriate steps to protect yourself and your legal rights. Contact an experienced attorney who can help you navigate the complex waters of the insurance claim and healthcare process.

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Seeking Treatment Following an Accident – Why Being Uninsured is No Excuse to Wait

Posted on March 7, 2012 by admin

With the cost of healthcare rising exponentially, many people without health insurance who are involved in accidents either wait to be treated or don’t treat at all.   This is a mistake both financially and medically.  It is possible to get the proper and excellent medical treatment following an accident without any up-front costs.  Most importantly, you may be putting your health in jeopardy by not seeking treatment.  All injuries are not obvious – even serious injuries such as brain injuries and internal bleeding may not present physical symptoms right away. Seeing a doctor directly following the accident will limit the risks of these potentially fatal injuries, and will help you to recover more quickly. Less severe injuries, such as strain or sprain to your neck or back, known as “soft tissue injuries”, may not be immediately apparent but can have lifelong consequences such as chronic back and neck pain if not treated. 

What the insurance companies won’t tell you is that by not seeking treatment or the proper follow-up care, or allowing a gap between the accident and treatment, you severely reduce the value of your claim regardless of the severity of your injuries. Insurance companies see that gap or lack of treatment and will almost always reject the claim for lack of evidence or will make a profoundly low settlement offer. Getting proper medical care is essential to being able to prove your injuries and that they are indeed related to the accident.  Proper medical documentation is the evidence needed to have the insurance company properly evaluate your claim so you can receive reasonable and fair compensaton.  Insurance companies will only compensate you for those injuries that have been documented by your doctor or other treating health care provider and that are related, or caused by, the accident.  Should you have prior, or ”pre-existing” medical issues (such as prior back or neck problems), your doctor is able to document whether or not the accident aggrevated or exacerbated the prior condition – which the insurance company should consider when they evaluate your claim.

“I was in an accident and have no health insurance, WHAT SHOULD I DO?”   What should you do?
1. Go to the emergency room. Federal law requires all emergency rooms to render treatment regardless of insurance coverage or lack thereof.   Without health  insurance coverage, this bill will likely be hefty. A personal injury attorney is able to notify the hospital that you have a personal inury claim and arrange to have the bill paid from the proceeds of any settlement or award you receive from the claim, with you paying nothing up-front.  This can also be done with other health care providers you may need to see after the emergency room treatment, including orthopedic, chiropractic, and physical thereapy care.
2. Call your auto insurance company. Call your insurance company and report the accident.  It is important that the accident and any potential injuries you suffer as a result of an accident be reported as soon as possible.
3. Talk to a personal injury attorney. An experienced personal injury attorney can be invaluable to an uninsured person following an accident.  They should be able to assist you in getting the proper medical care and will be able to coordinate payments to your doctors, therapists and other healthcare providers at the end of your claim.  Many times a “medical lien” will be entered into so the doctor can treat you now and get paid after the personal injury claim is resolved.   A “medical lien” is a formal written agreement between a patient and a doctor, in which the doctor agrees to perform the necessary medical treatment in return for the injured party’s promise to pay the bill upon successful completion of the claim. Most doctors will not enter into a lien with a patient who is not represented by an attorney.  

Whether or not you are covered by health insurance, seeking treatment following an accident is always a good idea. Your health can be compromised without you realizing.   Hopefully, you won’t have to worry about these issues.   However, if you are involved in an accident, contact an experienced attorney who can help you navigate the complex waters of the insurance claim and healthcare process.

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Texting While Driving – Rhode Island’s Response to a Deadly Problem

Posted on February 22, 2012 by admin

A few nights ago on my way home from work, I noticed the car in front of me swerving and either speeding up suddenly or driving at a pace noticeably lower than the posted speed limit. When we approached the stoplight, I saw the all too familiar fluorescent blue light square in the driver’s right hand. The cause of this erratic driving was not, as I had first assumed, too much alcohol, but rather by the frightening and now illegal practice of texting while driving.

Back in November 2009, Governor Donald Carcieri signed the No Texting While Driving bill into Rhode Island law. The bill enumerates that first-time offenders for texting while driving receive an $85 fine, $100 for a second offense, and $125 for a third. Moreover, school bus drivers and drivers under the age of 18 are banned from all cell phone use. This is an especially important part of the bill because statistics show teen drivers are four times more likely to get into car crashes related to using a cell phone while driving.
So just how dangerous is texting while driving? According to the January 2010 report by the National Safety Council, an estimated 30% of all automobile crashes (1.6. MILLION) are caused by drivers talking and texting on their cell phones.

And check out these frightening statistics from a study conducted by Virginia Tech Transportation Institute:
• Of all cell phone related tasks – including talking, dialing, or reaching for the phone – texting while driving is the MOST DANGEROUS.
• Teen drivers are FOUR TIMES more likely than adults to get into car crashes or near crash events directly related to talking on a cell phone or texting.
• A car driver dialing a cell phone is 2.8 TIMES MORE LIKELY to get into a crash than a non-distracted driver
• For EVERY 6 SECONDS OF DRIVE TIME, a driver sending or receiving a text message spends 4.6 of those seconds with their eyes off the road. This makes texting the MOST DISTRACTING of all cell phone related tasks.

While I don’t expect the driver from the other night to read this blog entry, I hope someone who texts while they drive will, and will realize what a dangerous and potentially deadly thing they’re engaged in. According to new statistics from the Department of Public Safety, distracted drivers cause approximately 6,000 deaths and a half a million injuries every year. If you think that you’re just a more responsible driver, a more alert driver, that even though thousands of people have died in accidents caused by texting while driving you won’t be one of them – think again. Texting while driving kills, and putting the phone down while you drive can save lives – other people’s and your own. Be safe out there and keep your eyes on the road. Don’t become part of these horrific statistics.

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5,000 Children Fall From Windows Every Year – Why Your Landlord May NOT Be Liable

Posted on February 9, 2012 by admin

This September, Pediatrics Journal published an alarming study that revealed approximately 5,000 children were admitted to hospital emergency rooms every year because of injuries caused by falling from windows. (“Pediatric Injuries Attributable to Falls From Windows in the United States in 1990–2008) According to the study, “an estimated 98,415 children were treated in US hospital emergency rooms for window fall–related injuries during the 19-year study period, amounting to an average 5,180 patients per year.” Although children of all ages are susceptible to serious injuries caused by these falls, the study found that children under age 4 were most likely to suffer head injuries, to be hospitalized, or even to die from their injuries. Among older children, 38.3% of those injured exhibited risky behavior such as jumping from or climbing out of a window. Further, the study shows that more children fell from windows during warm weather.

So what is your responsibility and what is your landlord’s responsibility? Rhode Island General Law §34-18-22 lays out a landlord’s responsibilities to his tenants. According to the laws, a landlord must “(1) Comply with the requirements of applicable building and housing codes affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; and (3) Keep all common areas of the premises in a clean and safe condition. However, Rhode Island’s building and housing code does not require landlords to install window guards or locks. This means that a landlord may not be liable for injuries to your child if he or she falls from a window that has a simple screen.

So what can you do? Here are some things parents can do to ensure their child’s safety around windows.

1. TALK TO YOUR KIDS – This may sound obvious, but one of the most important preventative measures is educating your children about the dangers of playing near windows without supervision. The study showed that younger children were more susceptible to injuries not only because they have a higher center of gravity, but also because they don’t understand the dangers of windows.

2. CUSHION THE FALL – The study showed that falls on hard surfaces were linked to a higher risk of head injuries, hospitalizations, and even death. The authors suggested planting shrubs or plant beds under windows whenever possible to cushion falls.

3. INVEST IN SCREEN GUARDS & WINDOW LOCKS – “Parents and other child caregivers should be counseled not to depend on screens to prevent children from falling out of windows,” the authors advise. “To prevent these falls, window guards or window locks that prevent the window from opening more than four inches should be used.” Window guards cost about $20 to $40 per window and have a quick release feature to allow disengagement during a fire or other emergency.

4. MOVE YOUR FURNITURE – This may also sound obvious, but parents should move furniture away from windows, giving children less opportunity to reach the window ledge. Dressers, beds and nightstands create the perfect surface for climbing, and moving them away from windows lowers the risk of dangerous or risky behavior.

5. CONTACT YOUR POLITICIANS – Some cities have already mandated that landlords must take certain safety measures. The New York City Health Code, for example, requires apartment buildings to install guards on all windows in households with kids under 11. Contact your local politicians, representatives, and town council and ask what you can do to push safety legislation forward.

The study also revealed that children are more likely to fall from windows during summer months. This means that there are still a few months to take the recommended safety steps, and while landlords are not required by Rhode Island law to utilize window locks and guards, many landlords may choose to take these precautionary steps. So talk to your landlord and recommend he install window guards if you have young children in the house. Most importantly, be safe and enjoy your kids – there are dangers all around us, and education is power!

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Slip and Fall Injuries in the Snow – Why Your Case Hinges on “Notice”

Posted on January 25, 2012 by admin

Any New Englander knows that snow and ice can become a serious concern in the upcoming months, especially as the winter gets colder and black ice begins to form under the snow.  Common sense would suggest that if you are injured on someone else’s property, the owner of that property should have to pay for any damages you incur, including medical bills, lost wages, and even damage to your personal property.

However, the factor most relevant to a personal injury case resulting from a slip and fall on snow and ice is the issue of notice – that is, whether or not the property owner or business owner knew or should have known about the hazardous condition.   ”Notice” is a legal term meaning that the property owner “knew or should have known” of the hazardous condition.

Say, for example, you slip and fall on ice or snow that has accumulated in front of your apartment building or outside the entrance to a grocery store.   In order to assert a successful personal injury claim, you must prove the owner was aware of the condition – either by having received actual notice, constructive notice, or should have reasonably foreseen the dangerous condition.

So, what can you do to show that a property owner had notice?  Here are some tips to building a successful slip and fall case:

  1. WRITE IT DOWN: Write down any and all times you gave the property owner notice of the hazardous condition – record keeping is key!
  2. TAKE A PICTURE: Take pictures of the location as soon as possible to show accumulation of ice and snow.
  3. GET THE WEATHER REPORT: Go online and find weather reports to show the temperature, the date of the last snowfall and whether it was snowing when the accident occurred.
  4. ANY CAMERAS?:  Take note to see if there are any security cameras in the immediate vicinity of the accident.

And of course, contacting a personal injury attorney is key – he or she will help you obtain all the documents relevant to your case, such as inspection records, snow removal contracts, and even other slip and fall complaints.

Hopefully, you will never have to deal with painful injuries caused by the snow and ice, but if you do, knowledge is power.  Be safe this winter!

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Expungement – Don’t Lose A Job Offer, Loan or Housing Due To Past Poor Judgment

Posted on November 5, 2011 by admin

A criminal conviction based on a moment of poor judgment can have lasting consequences for an individual. Depending on the state, a criminal record may prevent an individual from voting, from obtaining a firearm, or from engaging in certain professions. In certain instances, it can even hurt a claim for personal injury.  Individuals facing such a situation may apply for expungement of their criminal records, effectively lifting most restrictions that come with a criminal record. This is true whether it involves a prior misdemeanor or felony charge, although different criteria apply – and the laws of Rhode Island and Massachusetts regarding the criteria also differ.

For most purposes, an expunged criminal record is treated as if it doesn’t exist. Certain types of crimes may not be expunged, such as sexual offenses or child abuse, but many other crimes can be removed from the public record. However, certain security-sensitive government agencies may still have access to expunged records.

Reasons why an expungement of a criminal record may be needed are: inability to obtain employment, inability to attend higher educational institutions, inability to obtain adequate housing, having been denied loans or offered only exorbitant interest rates due to a criminal record, inability to afford insurance, and ineligibility for federal assistance. In addition, individuals seeking to adopt a child or volunteer may need to have their records expunged.

Expungements are usually issued by the court that gave the initial conviction. In order to make a determination about whether or not you qualify for an expungement or pardon, contact a qualified attorney

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Free Workshop: How to Heal Financially and Physically Following an Accident

Posted on September 30, 2011 by admin

You can’t turn on the television, pick up a paper, or go to the store without coming face to face with the very real financial crisis this country is facing.  No one is more aware of this than those that are not getting a weekly paycheck.  All major polling organizations have now listed jobs as the number one concern which has eclipsed all others in Rhode Island as well as nationally.   When you add an accident and injury into the mix – it can spell disaster for a family.  

In an effort to give back to the community, I have teamed up with Dr. Michael Gottfried who has over 30 years experience as a chiropractor and holistic healer to offer a free workshop.  The workshop is designed for all those interested in learning more about surviving financially, legally and medically following a motor vehicle accident or slip and fall. This includes how to get the proper healthcare paid for by the insurance company and your rights to compensation for lost wages, and pain and suffering.  It’s difficult to regain the balance and well-being needed to lead a productive life when you or someone you care for is injured.  This is an opportunity to have your questions answered and to better arm yourself with information.   Don’t be taken advantage of, learn what your rights are and how to heal financially and physically.

The workshops are being held:

Wednesday, October 5, 2011 at 6:30 pm at the Middletown Public Library, located at 700 West Main Road, Middletown, RI  02842  and

Thursday, October 13, 2011 at 12:30 p.m. at the Portsmouth Public Library, located at 2658 East Main Road, Portsmouth, RI  02871.

Give yourself the ammunition you need when dealing with an insurance company regarding your legal rights to financial compensation and health care.     

To reserve your seat, you may call (401) 619-5555 or (401) 849-7011.

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Auto Accident Lawyer – Five Reasons Why You Should Have an Attorney by Your Side

Posted on September 10, 2011 by admin

When someone hits you or your vehicle in a car, you need an auto accident lawyer at your side. Injuries that come from automobile accidents can devastate the injured as well as their family. If someone else caused the accident, you need to have an attorney that will fight so you can get the compensation you deserve. You want someone that can help you navigate through the legal and insurance worlds. You want the insurance company to do its job fairly and legally. Here are a few reasons why you should have an experienced personal injury attorney by your side at this time.

1. A professional personal injury attorney knows the law in your jurisdiction. Even studying online law references will not give the victim the insights and requirements necessary to handle the matter without professional help. The professional will know when to file suit and how to work with the insurance company to get you fair compensation. Ideally, your attorney will get you the compensation you deserve without the need for a trial.  Although not openly admitted,  insurance companies are more likely to offer a fair settlement when they know your attorney is ready, willing and able to file suit and go to trial if and when necessary.

2. An auto accident lawyer will also know insurance law. Insurance companies have to work within the laws and regulations set forward by the states. This means that people making claims have some protections against insurance companies. An experienced personal injury attorney will know when the insurance company is out of line and how to bring them back in line.

3. You do not want to sign anything the insurance company offers before consulting with an attorney. Regardless of their slick, appealing and entertaining commercials, insurance companies and their adjusters want to pay you the least amount possible. Often times within days or only a few weeks after an accident and before the full extent of your injury may be known, the insurance company will try to get you to make a statement and to sign away your rights to sue or to get fair compensation . Don’t fall into the trap of believing a fast settlement is necessarily in your best interest.  Regardless of what medical bills you ultimately have, treatment needed or additional injuries discovered, once you settle with the insurance company that’s it — you can not go back to get more compensation.  Even if you later discover that surgery is necessary, it will be too late to get the insurance company to pay. An auto accident lawyer can give you advice on what to sign and not to sign.

4. When you bring an attorney into the situation, you will find that the insurance company starts to treat your case more seriously. They know that an attorney is there to protect you and your interests. The insurance company will start to act more like the professionals that they claim to be. This will give you a better chance of a fair settlement in the end.

5. A big reason to bring in an auto accident lawyer is the language barrier. Legal and insurance language can be quite confusing for those that don’t work in those industries. One word you might understand to have one meaning can have a quite different meaning in the legal and insurance worlds. Avoid confusion by bringing in a professional.

Don’t wait to get the answers from an experienced personal injury attorney, especially when the legal consultation is free and without any obligation.  Don’t sell yourself or your claim short.

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The Historical Precedents to Workers’ Compensation – and if I’m injured, why should I care?

Posted on August 20, 2011 by admin

              Workers’ Compensation forms a cornerstone of our modern legal and insurance system. It allows workers to fulfill their duties without fear that an accident or other injury will take away their livelihoods unexpectedly. Although the social safety net provided by workers’ compensation seems like a recent invention, it actually has roots stretching back into antiquity.

               The first known records of workers’ compensation law date back over 4000 years, to ancient Sumeria (modern-day Iraq). The Sumerian city-state of Ur enacted laws protecting workers from bodily injury, with specific measures laid out for specific losses. Similar systems appeared in ancient Greece, as well as in Rome and China. The Arabs, another group of early adopters, even devised a system of compensation based on the length or surface area of the body part lost.

               This system of compensation disappeared in Europe in the Middle Ages, and any compensation for injury was left to the discretion of feudal lords. Workers’ compensation did not resurface again in the Western world until the Industrial Revolution, supported by a framework built up in English common law. Under this system, three major types of defenses were allowed in most European countries.

1. Assumption of risk: This doctrine held that workers, by engaging in a particular job, agreed by default to the risks inherent with the occupation. If the worker was injured for a reason other than what would be reasonably expected in the profession, then he had the right to sue.

2. Contributory negligence: This law held that, should the injury be even partially the fault of the employee, the employer was immune from prosecution.

3. The fellow servant law: Any injury arising from the actions of a fellow employee were non-compensable. 
                                                                                                                                                                                                         To complicate this situation, most countries required employees to claim compensation through civil courts, an expensive proposition that fell entirely out the reach of most workers. To resolve this issue, private societies arose in some countries to help defer legal costs for injured workers. 

               Over the course of the 19th century, court victories for workers became more common, leading employers to become wearier of the high costs of civil litigation and more supportive of the establishment of a workers’ compensation system. The first modern workers’ compensation law appeared in Prussia, in 1871. In America, similar laws started to appear in the first decade of the 20th century.  The laws are constantly evolving.

                Do you have questions regarding your rights when injured at work, or your rights when an injury has caused you to lose time from work?  What rights do you have regarding your employer taking you back when you’re ready to resume work?  Especially in these challenging economic times don’t make assumptions and jeopardize you and your family’s financial future  – you need experts to help you heal both physically and financially.  Call an experienced attorney to get your questions answered.  Knowing the historical perspective helps put the law into context. Having your questions answered by an experienced attorney who knows the current state of the law to make you whole physically and financially helps your peace of mind.

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Are Chiropractic Procedures Effective for Auto Accident Treatment?

Posted on August 13, 2011 by admin
           There are loads of benefits of using chiropractic techniques of healing. Such procedures offer effective healing from pain and discomforts without drugs. While the conventional allopathic medicine treats the symptoms of aches and discomforts, chiropractic healing deals with the root cause of the problem and treats the problem from its roots. Basically, using chiropractic methods the experts make certain physical adjustments that directly affect the nervous and musculoskeletal systems of the body.  Today chiropractic therapy is a preferred treatment for those injured in an auto accident as it alleviates and heals the problem effectively rather than masking the pain with medicines. So, it induces long term healing in cases of severe injuries and skeletal dislocations. In accident injury cases, a chiropractor provides long term care and treatment to facilitate well being and faster recovery from the injuries. Thus, the treatment can effectively prevent future problems by keeping the vertebra in-line during severe injuries and discouraging degeneration of the spine.
          What is to be done when injured in an auto accident?  Even after getting treated for the wounds in a hosptial, often those injured in an auto accident complain of severe pain in different parts of their bodies. These pains and discomforts are basically due to stress caused to those parts of the body, many times the neck and back, during the accident. As chiropractic medication deals with adjustments and healing such pains and injuries to the nervous musculoskeletal system, often auto accident treatment is incomplete without the inclusion of chiropractic methods.

          If you have recently met with an unfortunate accident and even after getting treated, you are experiencing one of these systems -

1. Neck or back pain
2. Frequent headaches
3. Muscle stiffness or spasm
4. Numbness and tingling
5. Memory loss
6. Sleeping disorders
7. Fatigue and loss of concentration;

You should immediately contact an experienced personal injury attorney who can assist you in getting the proper medical care, even if you do not have health inusrance.  If chiropractic care is needed (due to neck pain, back pain , muscle spasms, or symptoms that may radiate throughout the body) , an experienced personal injury attorney should also assist you in finding the best chiropractor in your community that offers the procedures you need to alleviate your pain and discomfort and to facilitate healing. This can be done even if you have no health insurance and aren’t able to pay the cost of the doctor out of pocket.  An experienced chiropractor can help you get back to your normal life.

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