Oklahoma City Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Trampolines - An Orthopedist Dream

Jeremy Thurman — Thu, 09 Jul 2009 03:04:00 GMT

Trampolines are very dangerous. I once had an orthopedist comment to my father that he could fund his entire practice based solely on trampoline injuries. I’m sure all our readers know of a person who has been hurt on a trampoline. Some accidents are minor, some result in broken bones while others can result in very serious injuries. I recall doing a back dive off my trampoline as a child and look back thankfully that I did not seriously injure my neck and/or back.

In Oklahoma trampoline accidents are common. It is the responsibility of a trampoline's owner to make every necessary safety precaution including putting netting around the edges of the trampoline. If these appropriate safety precautions are not made, and a serious injury results, the homeowner may be liable for any all medical bills, pain and suffering, etc

Now before you jump and say that you don’t want to file a claim against a friend, think about the reasons you carry insurance. I for one carry insurance to not only protect my family should an accident occur but to also compensate anyone I injure. Its not a bad thing to file an insurance claim and in fact, a friend should welcome the filing in order to allow your injured child the opportunity to seek the appropriate treatment for his or her medical needs.

In the coming weeks I plan on posting on different trampoline safety precautions.

Originally posted at InjuryBoard by Jeremy Thurman

DOG BITE - LAWFUL PRESENCE ON OWNER'S PROPERTY AND WHAT IS A PUBLIC PLACE

Jeremy Thurman — Mon, 17 Mar 2008 15:33:02 GMT

Okla. Stat. Tit 4 Â§ 42.2 basically defines when you can recover for a dog bite on the dog owners property and when you can recover for a dog bite in a public place.

The statute reads as follows: "a person shall be considered to be lawfully upon the private property of the owner of a dog when he or she is on the property in the performance of any duty imposed upon the person by the laws of this state, or its political subdivision, or by the laws of the United States, or the postal regulations of the United States, or when reading meters, or making repairs to any public utility or service located on the premises, or when working on the property at the request of the owner or any tenant having a lease upon any portion of the property, or when on the property upon the invitation, either expressed or implied, of the owner or lessee of such property, or when on the property for any other lawful purpose. The term "public place" shall, for the purpose of Sections 42.1 through 42.3 of this title and Section 1 of this act, mean and include any and all public streets, sidewalks, alleyways, easements, buildings, parks, playgrounds and recreational facilities, and any and all places of business, amusement or entertainment which are privately owned, wherein merchandise, property, services, entertainment or facilities are offered for sale, hire, lease, or use."

To put the above statute in a nutshell, you can recover personal injuries from a dog bite when you are an invitee to the dog owner's home and when you are in a public place as exemplified above. The one thing I will warn you is that when you are dealing with an insurance company, the will try to convolute this issue and before long have the owner saying you weren't an invitee where they will not be strictly liable.

Originally posted at InjuryBoard by Jeremy Thurman

What To Do if Bitten By A Dog

Jeremy Thurman — Mon, 17 Mar 2008 15:00:09 GMT

I just settled a dog bite case today. I had some good facts working for my case and some bad facts. The bad facts were simply it took forever to find the owner of the dog as my client tried to clean his wound's himself and finally gave up and went to the doctor. Only after going to the doctor did he call animal control. Luckily we found the dog but I thought I would write some pointers on what to do if you suffer a dog bite. As an Oklahoma dog bite lawyer, these bulleted points are very important to keep in mind.

1. Identify the dog and call your local animal control officer.
2. Get the name and address of the owner of the dog, if possible. If you can, obtain the dog license
information.
3. Get the name, address and telephone number of any potential witnesses. You may have to return to
the accident scene, and knock on the doors of nearby homes and businesses. You also
should revisit the scene of the accident several times at the same time at which the accident took
place, because people may have a habit of going to the same places as part of their daily routine.
4. Take photos of all of your wounds, bruises and bloody clothing. I find this of utmost help in trying to
resolve a dog bite case for maximum value.
5. If possible, obtain insurance information from the dog owner. Let them know you have incurred
medical bills and need to know who they have their homeowners or renters insurance through.
6. Contact a competent attorney who has experience in dog bite cases. These cases operate under
strict liability and having a competent Oklahoma dog bite lawyer will maximize your recovery.

Here at the firm of Nix & McIntyre, we have extensive experience handling a variety of dog bite cases. Never devalue your case simply because you think the bite is not overly serious. We have represented and recovered for clients with bites on their faces, torsos and legs. All dog bite cases have potential value and you have a right to recover your damages under Oklahoma dog bite law.

Originally posted at InjuryBoard by Jeremy Thurman

WHAT PERSONAL INJURY DAMAGES ARE RECOVERABLE FROM A DOG BITE?

Jeremy Thurman — Sun, 16 Mar 2008 15:29:27 GMT

Oklahoma dog bite laws are clear and explicitly stated Okla. Stat. Tit 4 Â§ 42.1. Section 42.1 states that the owner or owners of any dog shall be liable for damages to the full amount of any damages sustained when his dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful right to be.

What does that mean? Well it practically means if you show ownership according to the statute we are going to show tomorrow, that you did not provoke the dog and that dog personally injured you, then you can recover whatever damages you can show a jury or court. Those damages can include medical bills, lost income and pain and suffering.

Now you may be thinking that this sounds really simple. The simple fact is it is not. I will follow up tomorrow with a post on how to get to the aforementioned elements above.

Originally posted at InjuryBoard by Jeremy Thurman

STRICT LIABILITY FOR DOG BITES - A LEGAL DISCUSSION

Jeremy Thurman — Sat, 15 Mar 2008 15:27:46 GMT

Oklahoma is a strict liability state for dog bites against the owner of the dog if you are able to prove ownership and that the dog actually bit someone. Strict liability may seem easy to prove, but when insurance companies are involved it is not always so ease. I'm going to write a short three part series explaining the basic principles of dog bite law in Oklahoma.

In the coming days I will take you through two different statutes that are applicable in a dog bite case.
I'll begin tomorrow by discussing the strict liability concept and its applicable statute in Oklahoma. I will then break down that statute with subsequent laws that expound upon it in the following days. Hope you stay tuned and maybe get a brief legal lesson in dog bite laws in Oklahoma.

Originally posted at InjuryBoard by Jeremy Thurman

Who Pays for Damages In a Dog Attack

Jeremy Thurman — Mon, 10 Mar 2008 22:00:34 GMT

A recent comprehensive study of dog attack injuries revealed that dogs bite approximately 4.7 million Americans every year. Of these, about 800,000 dog bite victims require medical attention.

Each year, 1.8% of the U.S. population is bitten by a dog. One out of every six of the dog bite victims has to seek medical care because of an attack. Tragically, almost half of all dog bite victims are children.

You may wonder if you have any rights if you or your child is bitten by a dog. The most recognizable way to pay for damages caused by a dog bite is through the dog owners home insurance policy. Most policies will pay for the injuries sustained. The one sad part is that an insurance company is invovled and all they see are dollars. They don't see the emotional and physical damage incurred.

If you or child are injured by a dog bite, seek legal counsel immediately and make sure you or your children recieve the proper medical care.

Originally posted at InjuryBoard by Jeremy Thurman

Dog Bite Case(2)

Jeremy Thurman — Mon, 19 Nov 2007 16:23:34 GMT

Dog Bite cases are becoming more and more common in our practice. People often do not understand that if your bitten by a dog, you have a legal recourse. People carry home owners insurance for these specific types of incidents. Don't let insurance companies get away with paying nothing for your injuries.

Originally posted at InjuryBoard by Jeremy Thurman

Dog Bite Case

Jeremy Thurman — Mon, 17 Sep 2007 11:19:18 GMT

I've noticed recently a prevelance of dog bite cases. I've written before about the need to retain counsel to allow one to get the appropriate amount of compensation for their injuries, but I feel I neglected to tell the human side of it and the need to hold those responsible for harboring and/or allowing dangerous dogs to run free. I recently began working on a dog bite case where a three year old beautiful little girl was bitten on the face. The owners knew of the dangerous tendencies of the dog, but did nothing to protect others. Now this little girl will most likely have permanent scarring as as result of this encounter that was no fault of her own. As a father of three girls, this one punched me in the gut. I hope that anyone injured by a dangerous dog will seek counsel and began holding those harboring these dogs responsible.

Originally posted at InjuryBoard by Jeremy Thurman