posted by Deborah on Jun 24
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.
posted by Deborah on Jun 24
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.
posted by Deborah on Jun 23
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.