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Dog Attack: How Can Scutt Law Help

  1. You were injured due to a dog bite;
  2. You want to understand your legal rights.
  3. You have serious damages (personal injuries, and/or excessive medical bills).
  4. You need a lawyer who is experienced dealing with legal issues due to dog bites and insurance law.
  5. You need help in understanding what your case is worth.
  6. You need a counselor laser focused on client service.
  7. You need a hero to fight for you while you focus on getting your life back and getting better!

Dog Bites and Texas Dog Bite Law

Generally, the time for which to file a civil claim for damages from a dog bite in Texas is two years. This is commonly referred to as the Statute of Limitations. Texas follows the “One Bite Rule” of general negligence requiring that the dog owner: (1) knew the dog had bitten someone in the past or acted aggressively; or (2) was negligent in controlling the dog or preventing the bite from occurring and this negligence caused the plaintiff’s injuries. However, if the bite was caused by a “Dangerous Dog,” there may be “Strict Liability” and you may be able to recover damages by showing that the dog was known to be dangerous. The categorization of “Dangerous Dog Breeds” is relevant:

  • Pit Bulls & Staffordshire Terriers
  • Doberman Pinschers
  • Rottweilers
  • Chows
  • Great Danes
  • Presa Canarios
  • Akitas
  • Alaskan Malamutes
  • German Shepherds
  • Siberian Huskies
  • Wolf-hybrids
  • Or a mix of any of the above

CRIMINAL PENALTIES

Texas law can also impose criminal penalties and a dog owner may be charged with a felony if: the owner “with criminal negligence” fails to secure the dog, and the dog attacks someone, unprovoked, at a location away from the owner’s real or personal property, or; the owner knows the dog is a “dangerous dog” and the dog attacks someone, unprovoked, outside its own secure enclosure, and; either of these situations causes serious bodily injury or death.

Scutt Law, PLLC Celebrates the Month of Thanksgiving!

A Time to Give Thanks and Praise to God

At this time of year, we want to take a moment to reflect and give thanks. This preface to the liturgy that is given in churches the world over is so beautiful and representative of how we truly feel:

May The Lord be with you. And also with you. Lift up your hearts. We lift them up to the Lord. Let us give thanks to the Lord, our God. It is right to give him thanks and praise. It is right, and a good and joyful thing, . . .

A Time to Give Thanks for Others

We have so much to be thankful for this year at the Scutt Law, PLLC family. As we approach the holiday season with Thanksgiving and Christmas being right around the corner, we would like to take time and share what we are thankful for over the last few years.  There are so many wonderful people that showed up to help us when they had no reason–and we want to make sure that they know how much we value that help. This list includes family, friends, doctors, and strangers that showed up at just the right time to lend a hand.

A Time to Share What We are Thankful for with Stories and Pictures

We look forward to sharing with you throughout November and the holiday season how thankful we are with stories and pictures. It took all of our energy to stay focused on getting to the other side of these tough medical issues. Our focus was putting all of our energy into getting these problems solved. Now that we have a moment to reflect, we want to show you where we have been over the last few years.

Hands

Halloween: There’s A Killer on the Road!!!

Halloween is Almost Here!

Halloween is almost here! I’m looking forward to all the trick or treaters and creative costumes. The National Highway Traffic Safety Administration has teamed up with local officials to put out the message that “Buzzed Driving is Drunk Driving.” It can be a fun night, but here is a scary statistic: from 2013-2017, 42% of fatalities on Halloween were caused by drunk drivers (NHTSA).

Be Safe!

NHTSA’s message is that even one alcoholic beverage could be one too many for some drivers. Drivers on Halloween share the road that night with cars and many pedestrians (including lots of little people). Be safe and hand the keys off to a sober driver, cab, or ride share —buzzed driving is drunk driving.

Scary

THE GIG ECONOMY IS DELIVERING DOG BITES

A Conversation with a Delivery Driver Turns to the Danger of Dogs and Dog Bites

Our office recently sat down to have a conversation with a Fed-Ex driver from the San Antonio area. We talked about how busy they were on their route. We talked about Amazon Prime and the boxes upon boxes that are showing up outside the doorsteps of  houses and apartments all over America. The topic of conversation turned to some of the dangers that delivery drivers face when they do their job each day. One major danger that was discussed was being bitten by a dog during a delivery. And, nearly 1 in 5 people in bitten by a dog require medical attention according to the CDC.

The Fed-Ex driver had been bitten numerous times as he attempted to leave packages on customers doorsteps. He was also not alone as he discussed how this was a common occurrence among the other drivers. He had delivered in many areas throughout Texas–some of the areas much more rural than San Antonio. This interesting conversation revealed that those in delivery professions (or delivery gigs in our new gig economy) may face a serious danger of being seriously injured from a canine attack.

Mans Best Friend

Americans love dogs and properly trained dogs can bring a lifetime of companionship and love from that relationship. According to the CDC, over 36% of American households own a dog. Professionally trained dogs can even assist the blind, sniff out bombs in our military, and aid police officers as they go about enforcing the law.

But, as lovable and helpful as dogs can be, they are still animals and any dog can bite. It is not the breed of the dog that determines solely whether they bite, but rather the individual dogs history and behavior. However, there are many dog owners out there that choose to keep dangerous or vicious breed dogs that pose a serious danger to those that come into contact with those near wild animals.

Dangerous Breed Dogs

Insurance companies that write homeowners or renters policies are very familiar with dog bite claims. Accordingly, there are many dogs that they will provide coverage for (or special premiums will apply to have that breed covered on the policy). According to Psychology Today, the top 14 breeds that are considered dangerous breeds are as follows:

  • Pit Bull Terriers
  • Staffordshire Terriers
  • Rottweilers
  • German Shepherds
  • Presa Canarios
  • Chows Chows
  • Doberman Pinschers
  • Akitas
  • Wolf-hybrids
  • Mastiffs
  • Cane Corsos
  • Great Danes
  • Alaskan Malamutes
  • Siberian Huskies

Dog Bite Severity

Dog bites can be minor. Many people have experienced a dog nip at them without any serious consequence. But, dog bites can also be serious and lead to severe pain, blood loss, nerve damage or even death. Serious dog bites may require years of treatment and reconstructive surgery that can be extremely expensive. Many of the companies in the gig economy utilize independent contractors as delivery drivers–so that means that there may not be any workers compensation or any type of occupational injury insurance available to them if there is an on the job injury like a dog bite. However, the difference with a dog bite is that the dog owner is a responsible third party that may have homeowners or renters insurance to cover the occurrence of a dog bite.

Techniques to Prevent Being Bitten

The CDC has published some techniques to employ to prevent becoming a victim of a dog bite and what to do if you are attacked:

Do:

  • Always ask if it is okay to pet someone else’s dog before reaching out to pet the dog.
  • When approached by an unfamiliar dog, remain motionless (“be still like a tree”).
  • If a dog knocks you over, curl into a ball with your head tucked and your hands over your ears and neck.
  • Immediately let an adult know about any stray dogs or dogs that are behaving strangely.

Don’t:

  • Don’t approach an unfamiliar dog.
  • Don’t run from a dog.
  • Don’t panic or make loud noises.
  • Don’t disturb a dog that is sleeping, eating, or caring for puppies.
  • Don’t pet a dog without allowing it to see and sniff you first.
  • Don’t encourage your dog to play aggressively.
  • Don’t let small children play with a dog unsupervised.

If approached by an unfamiliar dog that you do not want to interact with:

  • Stop! Stay still and be calm.
  • Do not panic or make loud noises.
  • Avoid direct eye contact with the dog.
  • Say “No” or “Go Home” in a firm, deep voice.
  • Stand with the side of your body facing the dog. Facing a dog directly can appear aggressive to the dog. Instead, keep your body turned partially or completely to the side.
  • Slowly raise your hands to your neck, with your elbows in.
  • Wait for the dog to pass or slowly back away.

What to Do If You Are Attacked

Despite your efforts to prevent a dog attack there may be instances when those efforts are not enough. If you are attacked by a dog, the first thing that you need to do is work to protect yourself. According to the CDC, you can do this by trying to place an object like a jacket or purse between you and the dog, and if you are knocked down, curl into a ball with your head tucked in and your hands over your ears and neck.

Advice on Treatment of the dog bite from the CDC

When you get to a safe place, immediately wash wounds with soap and water. Seek medical attention, especially:

  • For minor wounds:
    • Wash the wound thoroughly with soap and water.
    • Apply an antibiotic cream.
    • Cover the wound with a clean bandage.
    • See a healthcare provider if the wound becomes red, painful, warm, or swollen; if you develop a fever; or if the dog that bit you was acting strangely.
  • For deep wounds:
    • Apply pressure with a clean, dry cloth to stop the bleeding.
    • If you cannot stop the bleeding or you feel faint or weak, call 911 or your local emergency medical services immediately.
    • See a healthcare provider as soon as possible.
  • See a healthcare provider:
    • If the wound is serious (uncontrolled bleeding, loss of function, extreme pain, muscle or bone exposure, etc.).
    • If the wound becomes red, painful, warm, or swollen, or if you develop a fever.
    • If you don’t know if the dog has been vaccinated against rabies.
    • If it has been more than 5 years since your last tetanus shot and the bite is deep.

Report the Dog Bite and Make a Record of the Event

After getting medical attention, you will want to report the dog bite to animal control or the local police or sheriffs department. This will make an official record of the event and may prevent further attacks when animal control gets involved. Call your local animal control (or police or sheriff) and report the bite. After the bite is reported, animal control can verify the dog is up to date on vaccinations, including rabies. The animal control investigation will most importantly seek out the owner of the animal–and then look at whether the dog has a biting history, has a pattern of behavior, or other dangerous habits.

Legal Recourse

If you are on the job, then notify your employer. You may also want to retain an attorney that has handled dog bite matters like Scutt Law, PLLC. Dog bite cases can become very detailed. Without the right counsel, you may give the dog owner’s insurance company carte blanche to try to devalue your claim. Serious dog bites can incur hordes of medical expenses and take a very long time to heal. You may have time that you lose from wok.

An attorney experienced with dog bites can assist you in pursuing compensation for your medical bills and lost wages. Keep any record that you have as experienced attorney will want copies of your photos, all police report information, all the information you have on the dog and owner, and the animal control report. However, if you do not have this information readily available, then the attorney will work to gather this information on your behalf.

Safety is Your Gig

There are steps that delivery drivers and others can take to avoid being attacked by a dog. However, if you are attacked, then report the bite and seek legal help from an experienced dog bite attorney. Scutt Law, PLLC is here to help in those difficult situations.

Solsticio de Verano: Diversión en el sol pero conduce con precaución

Solsticio de Verano

¡El verano está oficialmente aquí! Ayer, 21 de junio de 2019 se marcó el solsticio de verano. Fue el día más largo y la noche más corta del año. El día en que el polo norte se inclina más directamente hacia el sol. La cantidad de horas de luz diurna que se ven depende de su latitud, su distancia del ecuador. Si desea obtener más información, puede saltar a Wikipedia para obtener más detalles científicos.

Conducir en Verano

El verano esta un tiempo lleno de diversión en al aire libre, actividades acuáticas y barbacoas en el patio. Pero, también puede ser un momento peligroso para conducir debido a que compartiremos el camino con más adolescentes. El verano también es un momento para estar más atento al conducir. La escuela está cerrada en la mayoría de los lugares y eso significa que hay más conductores adolescentes en las carreteras. Más conductores adolescentes significa que hay más conductores sin experiencia en la carretera. Desafortunadamente, eso también significa que hay más accidentes. En concreto, más accidentes con víctimas mortales.

Según la AAA, el período de tiempo entre el Día de los Caídos y el Día del Trabajo se conoce comúnmente como los “100 días más mortíferos” y se refiere al período en el que el número de víctimas fatales que involucra a un conductor adolescente ha aumentado históricamente. Si tiene un conductor adolescente en la casa, puede ser un buen momento para recordarles que eviten comportamientos (o subirse a un vehículo con otro adolescente) detrás del volante, como: exceso de velocidad, conducción distraída (hablar / enviar mensajes de texto) y evitar el alcohol o las drogas.

Scutt Law, PLLC está aquí para Ayudar

Si se lesionó debido a la negligencia de un conductor inexperto, Scutt Law, PLLC está aquí para ayudarlo con una evaluación gratuita de su caso.

Heads Up! Distracted Driving in Texas by the Numbers (TXDOT)

Talk, Text, Crash

Heads Up! The scene is common on Texas roadways. You are driving and briefly check your surroundings. Upon glancing to your left or right,  you see a fellow commuter staring at their cellphone. A disturbing site on the highway while clipping along at 65MPH+. In order to raise awareness of this epidemic, the Texas Department of Transportation has stepped up this summer with the “Heads Up” campaign. If distracted driving in Texas is such a common scene, then what is the data for distracted driving in Texas by the numbers?

The Data on Distracted Driving in Texas

According to TXDOT: “In 2018, there were 540,561 motor vehicle crashes on Texas roadways. Of those, 95,572, or 18%, were caused by distracted driving (driver distraction, inattention or cell phone use). The 95,572 distracted driving crashes resulted in 394 deaths and 2,340 serious injuries.”  There is a definite statewide problem with distracted driving that needs to be addressed. Texas drivers must start taking steps towards focussing on the road. The TXDOT “Heads Up” campaign is aiming at this goal.

What is Distracted Driving?

It is easy to understand that looking at talking or texting while driving are distractions. But, today’s automobiles also come standardly equipped with great features like navigation, entertainment systems and multiple dashboard layouts. Not to mention, there are passengers that are talking and engaging the driver. And what about the old-fashioned hamburger or cup of coffee. In a nutshell, distracted driving is any activity that takes your attention away from driving.

The “Heads Up” Texas Campaign

TXDOT will launch the campaign on June 4, 2019, “with activities addressing and discouraging all forms of distracted driving.” The campaign will be present on traditional and social media, including Texas influencers getting involved alongside community based education in partner ship with AT&T. AT&T has a virtual reality distracted driving program called “It Can Wait.” If you are interested in learning more about the TXDOT program, you can call call (800) 558-9368 to be connected with a  district office near you.

Recommendations from TXDOT to Avoid Distracted Driving

TXDOT has provided a list of best practices to avoid distracted driving when you get behind the wheel:

  • Always give driving your full attention.
  • Pull off the road entirely before you talk or text.
  • Put your phone away, or turn it off, before getting behind the wheel.
  • Tell friends, family and coworkers you won’t respond to calls or texts when driving.
  • Use a smartphone app that sends auto-reply texts when you’re behind the wheel.

Hopefully, you will never have to deal with a distracted driver causing you injury or damage. But if you have, Scutt Law, PLLC is here as a resource to help with a free consultation.

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