Caused by Animals
Hundreds of people are injured each year when their vehicle comes into contact with wild animals, livestock, or stray domestic animals. The owners of livestock have a responsibility to make sure that their animals cannot escape and wander onto roads where they may become injured or cause a serious traffic accident. Stray cats and dog account for a large portion of rear-end collisions, yet it’s difficult to find anyone to file a claim against unless the animal has a microchip with the owner’s information in it. If you can prove that an owner was unable to control their pet from venturing onto a roadway and it causes an accident, they may be held liable.
It’s estimated that 1.5 million vehicles have a collision involving deer resulting in over 150 motorists deaths. This is due in large part to deer migration and mating season when the deer are more aggressive and visible in residential neighborhoods.
In 1995, the Dog and Cat Management Act was passed. Under this law, the owner or person who possesses the animal is responsible for any injury, loss or damaged caused by their animal. Dogs account for over 30 deaths per year in the United States with a record 4.5 million dog bites in the United States each year. Topping the list of the most aggressive dogs include the American Pit Bull, the Doberman Pinscher, German Sheppard, Bull Mastiff and Rottweiler. The plaintiff does not necessarily need to show that the person responsible for the dog was negligent or knew that the dog was vicious or dangerous. However, the plaintiff may not have a case if the dog was provoked, the injured party was trespassing, another animal attacking the dog caused the damage, or the injured person contributed to the occurrence of the injury.
Caused by Children
General liability law varies in each state when minors are involved. If a child causes an accident, and they are old enough to be called before a court, many states appoint a special guardian to represent the interests of a minor during the litigation process. This individual is known as a guardian ad litem. If the child is below eight years of age, it is generally accepted that duty of care does not apply to them. Children of that age or younger cannot determine what a careful action is and therefore cannot be held liable. Judges have concluded that young children don’t have the capacity to fully appreciate the consequences of their actions.
If you are a parent or legal guardian of a teenager, and your child becomes involved in an auto accident, you can be held responsible for the accident. If you add your child to your car insurance policy, you are accepting liability for an accident in which your child is at fault.
There are many more situations where the law intercedes regarding the liability of parents and children. In order to obtain a clear understanding of the law and your particular situation, it’s best to seek legal counsel.
Caused by Dangerous Products
Each year, hundreds of thousands of people are injured or killed by dangerous products ranging from toys to household equipment, cars and industrial products. Injuries caused by dangerous or defective products can be just as serious as those received in a car accident or a slip and fall accident.
Most commonly, the companies sued in product liability cases include the manufacturer or wholesaler or distributor of the defective product. These cases include three different types of liability; a design defect, a manufacturing defect or a failure to warn or instruct the consumer regarding the use of the product. One of the challenges in any product liability case is the time it takes to conduct a thorough investigation with sufficient resources to properly evaluate and prove product defects. Quite often, attorneys are battling large companies with huge resources in which to defend themselves.