Ask The Attorney

We live in Fairfield County, and we were having a birthday party in the backyard for my ninety year old mother. All of a sudden, my neighbor’s dog, which has been a problem in the past, crawled under the fence. He began running throught the party creating utter chaos. Several specimen rose bushes were trampled, children were crying and screaming, my mother fell and broke her leg and my wife was bitten when she tried to shoo the dog away. Aren’t people supposed to keep their dogs leashed?

Deborah — Thu, 24 Jun 2010 14:32:16 +0000

A. Connecticut has a lot of laws aimed at controlling dogs and while the general statutes do not require dogs to be leashed at all times, they are not allowed to roam on someone else’s land or public roads. Depending upon where you live, your town might have a leash law.

First, let’s talk about liability. Your neighbor is responsible for any damage to your property as well as for the injury to your wife and mother. Their damages will include reimbursement for out-of-pocket medical expenses, lost wages if applicable, as well as pain and suffering. If the bite resulted in a scar or nerve damage, the amount of damages will be increased proportionally.

Hopefully, you reported the bite to your town animal control officer, who must immediately investigate the attack. At the very minimum, the dog will be quarantined for 14 days after which time the animal control officer may order that the dog be restrained or euthanized.

My husband and I were talking about that famous case, where the lady sued McDonald’s for millions when she got burned by hot coffee that spilled on her while she was holding the cup between her legs. I think coffee is supposed to be hot and who holds hot coffee between their legs anyway. Comments?

Deborah — Thu, 24 Jun 2010 14:19:36 +0000

A. You’re referring to Liebeck v. McDonald’s Restaurants, arguably one of the most famous (or infamous, depending upon your political orientation) product liability cases in the last twenty-five years. Mrs. Lieback was 79 years old when the incident happened in 1992. She was sitting in a parked car and put the cup between her legs so she could remove the cap. Unfortunately, the entire cup of steaming coffee spilled onto her legs, resulting in third degree burns, a week in the hospital, and additional hospital stays for skin grafts. Initially, Mrs. Lieback’s family asked McDonald’s for $20,000 to cover the cost of her medical expenses and lost wages. They countered with $800 and Mrs. Liebeck hired an attorney.

At trial, Mrs. Liebeck’s attorneys showed that in the ten years prior to this action, more than 700 people had been burned by McDonald’s coffee, which was served at temperatures higher than the industry norm. It took a twelve person jury only four hours to award Mrs. Liebeck her out-of-pocket expenses plus $200,000 for pain and suffering, less 20% for contributory negligence. On top of that, however, they awarded her $2.7 million in punitive damages. The judge hearing the case reduced the total award to $640,000, which was appealed by McDonald’s. The amount of the final settlement remains undisclosed.

So yes, coffee is supposed to be hot. And it’s not a great idea to hold a cup of steaming hot coffee between your legs. But McDonald’s had been put on notice that the high temperature of their coffee had caused many injuries, yet they failed to act. A primary purpose of civil lawsuits is to protect the public by informing them of hazards and encouraging manufacturers and providers to make their products safer.

I was driving on the highway with my three small children, ages 5 to 10. Suddenly a car swerved in front of me, causing me to ceer to the right. I slammed into the guardrail. The other driver never stopped, but several people who saw what happened did, and they called 911. My car is totaled and the doctor tells me that I’ll be going to need months of physical therapy for my back. I don’t know what to do and I don’t know how I’m going to pay the doctors.

Deborah — Wed, 23 Jun 2010 20:48:18 +0000

A. You didn’t say where you were from or where the accident happened. But if you are a New York driver, your no-fault insurance should cover your medical bills and lost wages. Similarly, if you are from New Jersey, you are covered by PIP (Personal Injury Protection). In Connecticut, you could recover from your own insurance company under the Uninsured-Underinsured provision of your liability policy.

Whether you can recover for the pain and suffering caused by the accident varies state to state. In New York, in order to recover for pain and suffering, you must meet a “threshold,” which is an indication of the severity of the injuries and how disrutptive they were to your life. Similarly, New Jersey looks at the injuries and the resulting consequences, but recovery also depends upon the type of insurance policy you purchased. In Connecticut, as long as you were less than 50% liable for causing the accident, you could recover for pain and suffering, although any award would be reduced by the amount of your negligence.

I fell down the steps at a friend’s house, and I’ve been dealing with her insurance company directly. I’m getting the run-around now and my wife insists that I speak to an attorney. Is that really necessary?

admin — Tue, 09 Mar 2010 17:40:17 +0000

Yes. No matter how nice the insurance adjuster may seem, his job is to pay a claimant as little as possible for the harm done and your attorney’s job is to get you as much as possible. Obtaining a settlement commensurate with your injuries is dependent upon several things. The most important are getting appropriate medical care, going to a physician who understands how to document the injuries and prepare a good report, and treatment until the doctor believes you have reached your maximum level of improvement. Of course, you need a good attorney experienced in personal injury matters who can handle the rest so that your rights are protected and you are adequately compensated for your injuries.

I was in a car accident that wasn’t my fault and I was hurt. Since I didn’t cause the accident, should I use my health insurance?

admin — Tue, 09 Mar 2010 17:38:54 +0000

Yes, for many reasons. If you have MedPay on your automobile insurance policy, use that first. If not, or if it runs out, use your health insurance. If you need on-going medical care, it’s unlikely that the other driver’s insurance company will reimburse you for things that could have been paid by your own health insurance, leaving you with a large bill to repay out of your settlement. Even if your health insurance does subrogate the claim, which means that they want to be reimbursed for any personal-injury related treatments, you should still use your health insurance. In that case, your attorney will include that amount as part of your losses in the demand. The bottom line is, if you are injured, you need two things: proper medical treatment and an attorney who will make certain you get everything you deserve.

My son was a passenger in his friend’s car and they got into an accident. His friend didn’t report the accident but I think he should. Who is right?

admin — Tue, 09 Mar 2010 17:37:25 +0000

You are, especially if there was property damage or someone was injured. And while your son may feel fine now, he could begin to become stiff and sore over the next few days. Hopefully, those symptoms will go away, but it’s always prudent to see a doctor immediately following an accident. And if it turns out that your son needs on-going medical treatment, it’s especially important that there is an official record of what happened. To protect your son’s rights, consult with an attorney who can help you determine the best of action.

I am still being treated for an injury and can’t return to work. Do you recommend borrowing money from a pre-settlement lawsuit funding company?

admin — Tue, 09 Mar 2010 17:35:49 +0000

Pre-settlement funding is provided to an injured party in return for a promise to repay the advance after an award or settlement. It is “non-recourse” funding, in that if no award or settlement is obtained, the advance does not have to be repaid. There is a big risk to the funding company and therefore the fees and interests are substantial. Generally, pre-settlement funding is not recommended because of the enormous costs. If you are considering an advance, contact an attorney so that you can be certain that your rights are protected.

Last week, I fell in the supermarket. The store manager won’t even return my calls. What should I do?

admin — Tue, 09 Mar 2010 17:33:14 +0000

First, did you file an incident report with the store immediately after the incident? It helps to have an official report documenting the incident. Also, make sure you know what caused you to fall. For the supermarket to be liable for your injuries, it has to have been negligent in some way. And if you have not already done so, see a doctor who can thoroughly evaluate and document your injuries. It’s also a good idea to contact an attorney who will fight not only for reimbursement of your current doctor bills, but also for the compensation for future medical care and pain and suffering.

I was in a car accident last week and since I felt O.K. I didn’t go to the doctor. Now I can barely turn my neck, I’m getting headaches and I wake up really stiff. What can I do?

admin — Tue, 09 Mar 2010 17:30:36 +0000

If you haven’t already reported the accident to the police and your insurance company, do so immediately. It’s very important to have an official record of what happened. As far as a delayed reaction to pain goes, that is very common, especially with soft tissue injuries. While minor injuries heal on their own, others do not and can get worse over time. That’s why it’s imperative to see a doctor who can assess your injuries and make certain that you get the appropriate treatment. It’s a good idea to consult with an attorney, who will ensure that you get the compensation you deserve for everything, from the damage to your vehicle, lost wages and medical bill reimbursement to payment for pain and suffering.

The neighbor’s dog bit my son. She said she’d pay the doctor, but she hasn’t. I can’t afford these bills. What should I do?

admin — Tue, 09 Mar 2010 17:29:21 +0000

Pursuant to Connecticut’s dog bite statute, as long as your son did not provoke the dog, your neighbor is responsible for all damages, including paying your son’s medical treatment and compensation for pain and suffering. Your best course of action is to send a certified letter with the copies of the bills and a demand for payment. However, if you have any concerns that the wounds are more than superficial, that your son my have sustained nerve damage or that he will need plastic surgery, you should immediately contact an attorney who can protect your son’s interests and make sure that he gets everything to which he is entitled.