The Dog Owner’s Responsibility

Doganimal Attacks

Dog bites are actually fairly common occurrences. Some instances are relatively minor, while others can involve major trauma or even death. The dog owner usually has the highest degree of responsibility or liability in the incident.

In many states, including New Mexico, a dog owner is allowed to assume that his/her dog is not dangerous until it has demonstrated some form of aggression toward humans. While biting is an obvious display of threatening behavior, there are several other ways that the dog’s intentions may be demonstrated.

  • If a dog threatens people by growling or snapping, the owner should anticipate that it has the potential to harm someone.

  • If a large dog has a habit of jumping on people, even in play, the owner should realize that it has the potential to harm someone by knocking them down.

  • If a dog routinely runs along a fence line barking or chasing passersby, the owner should be aware that the dog might hurt someone if given the opportunity.

  • If a dog simply barks at strangers, but shows no other threatening behaviors, the owner is not likely to be liable if it bites a person.

  • If a dog has demonstrated aggression toward other dogs but not toward humans, it is not assumed to be dangerous.

If a dog is determined to be dangerous by these or other criteria, the owner has the responsibility to keep him from hurting people and would be held liable if someone is harmed. If the dog cannot be proven to be dangerous, the owner would not likely be liable for an initial incident.

The Dog Owner’s Defense

Of course, the entire responsibility for a dog bite does not always rest with the owner. Sometimes the person harmed has done something to aggravate the animal.

  • If an injured person provoked the dog in some manner, such as by hitting the dog, the owner may not be held completely liable for the injury.

  • If an injured person is aware of the risk of injury but took it anyway, the owner may not be liable. This category commonly affects veterinarians and dog groomers. It also may include individuals who ignore warning signs.

  • If an injured person is trespassing, it is possible that the owner may not be liable, but often this is decided on a case-by-case basis.

  • If an injured person was careless in some manner, they may be held at least partially liable for the injury.

Many of these guidelines are subject to interpretation and will be decided by the courts based on the circumstances of the case.

Compensation for Dog Bites

If a dog owner is proven to be at fault, there are several categories of compensation they may be required to pay. These may include:

  • Medical bills

  • Income lost due to the injury

  • Pain and suffering

  • Any property damage that may have occurred

What Is Mesothelioma?

Mesothelioma

Mesothelioma is just one of a number of health risks associated with exposure to asbestos. Mesothelioma is a malignant that affects the lining of the lungs or, less commonly, the pericardium (sac around the heart), the lining of the abdominal cavity, or the sac that surrounds the testicles. Mesothelioma may not appear until many years after exposure to asbestos. Some have suggested that family members who lived with someone who worked with asbestos may also be at increased risk.

Symptoms of mesothelioma may include

  • Difficulty breathing.

  • Chest pain.

  • Unexplained loss of weight.

  • Fever.

  • Cough.

  • A general feeling of being unwell.

Other, less common, symptoms include abdominal swelling, bowel obstruction, and/or anemia.

If you exhibit any of the symptoms listed above, you should consult your doctor right away. Even if you do not have these symptoms but believe you were exposed to asbestos for any significant period of time, you should seek medical attention. Mesothelioma may be present even when symptoms do not yet exist.

What Does Mesothelioma Have to Do with Asbestos?

Asbestos is a naturally occurring mineral that was commonly used for a variety of purposes in the nineteenth and twentieth centuries. Its structure is made up of long, thin crystals that cause lung irritation when inhaled. Prolonged exposure can result in . All types of asbestos are known to cause .

So why was it so widely used for so long? Asbestos’ resistance to heat and burning made it a desirable commodity in environments prone to high temperatures. It was used in many ways, including fireproofing buildings, insulating pipes, and car manufacturing, including the manufacturing of brake pads.

The health risks posed by exposure to asbestos—not limited to mesothelioma—were known since the 1930s, but regulation of its use in the United States did not begin until the 1970s. Even today asbestos use is not completely banned in the US. Sadly, throughout much of the history of its use, companies sought to keep its life-threatening side effects a secret from the public. There have been numerous documented incidents of intentional cover-ups and misrepresentation of the facts to the public, dating as far back as the early 1900s.

You may have been exposed to asbestos if you have ever worked in any of the following situations:

  • Factory work.

  • Building demolition.

  • Ship building.

  • Installation or removal of insulation.

  • Carpentry work.

  • Manufacturing, installation, or repair of brake linings.

I Have Been Diagnosed with Mesothelioma . . . Now What?

If your doctor has diagnosed you with mesothelioma, what should you do?

  • Follow your doctor’s prescribed treatment regimen.

  • You may be eligible to file a claim for financial remuneration. Killian Davis Richter & Mayle can help expedite that process. Or,

  • You may want to file a lawsuit (not the same as filing a claim) against an employer who was negligent in his responsibilities regarding your exposure to asbestos. Again, contact us for counsel regarding your rights.

Complexities of a Spinal Cord Injury

Spinal Cord Injury

Spinal cord injuries are some of the most complex, dangerous, and sensitive that surgeons see. A victim who suffers an injury of this kind in a car accident, construction zone accident, or other type of accident faces a range of possible effects:

  • Minor head/neck pain with few long-lasting consequences

  • Reduced function of the eyes, ears, taste, speech, or limbs

  • Paralysis of the feet, legs, hands, and/or arms

  • Death

Because spinal cord injuries are so devastating and difficult to repair, they usually cost the victims very high amounts of money in the form of missed work, recovery and medical expenses, and often lifelong care in order to perform normal daily tasks. Victims should not take chances when seeking a financial settlement for a catastrophic injury of this nature; Killian Davis Richter & Mayle offers New Mexico residents top quality representation combined with compassion and experience.

Understanding a Spinal Cord Injury

The spinal cord is the “information highway” that carries impulses from the body’s many systems to the brain and carries instructions from the brain to those systems. When that highway is damaged by an injury, the system fails, causing paralysis. The spinal cord itself is protected by the bones of the vertebrae, but a severe impact can crush the small bones or pierce between them, severing the sensitive cord inside. Because the spinal cord is so critical to the body’s function, it is critical to stabilize the victim immediately following an injury.

  • Never move a victim with a possible spinal cord injury or ask him to move.

  • Emergency response personnel use specialized techniques and equipment to prevent any further damage to the cord by crushed bones or foreign materials.

  • Experts in spinal cord surgery minimize the long-term effects with advanced procedures.

  • Years of recovery and rehabilitation are often needed to restore function fully, and some damage is permanent.

Dealing With Spinal Cord Injuries

New Mexico car accident victims who have sustained spinal cord injuries face a road to recovery that is very long, difficult, and expensive. The personal injury attorneys at Killian Davis Richter & Mayle understand that, and they also understand how much evidence, testimony, and paperwork it takes to convince an insurance company to pay those victims a fair amount. When you choose to work with us, you will receive:

  • A free initial consultation, during which you can tell us your story and get our expert opinion on your next legal steps

  • Close personal attention and frequent updates on the status of negotiations

  • Respect, dignity, and the genuine concern of our lawyers and staff

  • Determined legal expertise on your behalf, working hard to win you a settlement that will cover all your expenses, not just the ones you face today