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Elkhorn Personal Injury Law Blog

How do 'Beware of Dog' signs affect personal injury lawsuits?

Victims of dog attacks in Wisconsin will likely consider their legal options. However, dog owners are not necessarily always at fault, and various aspects will have to be considered to establish negligence in a personal injury lawsuit. While owners of dangerous dogs may believe that posting signs to warn people of the presence of dogs on their properties may prevent lawsuits, that may not necessarily get every Wisconsin dog owners off the hook.

A Beware of the Dog sign could be interpreted in two different ways by the law. Wisconsin has strict liability laws that govern dog owners, meaning that owners will automatically be held liable for unprovoked injuries caused by their dogs. The victim might claim that the owner posted the sign because he or she knew of vicious propensities or previous injuries. This argument, along with evidence of prior complaints might lead to a higher monetary judgment.

Wisconsin car accident claims life of 55-year-old passenger

Drivers in Wisconsin may not always realize that they are responsible for the safety of their passengers. If a driver's negligence causes a car accident that kills or injures a passenger, he or she may be held liable for damages. A recent collision on Highway 38 may lead to such a civil lawsuit.

According to a report by the Caledonia Police Department, the crash occurred shortly before noon on a recent Tuesday. It happened in an intersection on Highway 38 when a driver allegedly turned north without yielding to a southbound vehicle. The impact of the crash led to serious injuries to the occupants of the car that pulled directly into the path of the other vehicle.

Fatal DUI accident follows multiple warnings not to drive

A 38-year-old Wisconsin man is facing multiple charges after he allegedly caused a crash that caused death and injury on New Year's Day. A criminal complaint alleges that the accident followed a day of drinking at a tavern. Reportedly, the man arrived at the bar at approximately 10:30 a.m. and prepared to leave shortly before 6:30 p.m. after almost eight hours of consuming alcohol.

According to other patrons at the tavern, several people tried to stop the man from getting into his car, because, according to them, he was not sober enough to drive. Some suggested he call for a ride, and one man apparently even offered to pay for an Uber driver to take him home. However, they say he insisted that he was not going far, and would drive himself.

Medical malpractice may be curtailed in Wisconsin by Julie's Law

One of the problems encountered when surgical procedures do not go as planned is the fact that the patient is anesthetized and not witness to what takes place. Medical malpractice claims require proof of negligence and the failure to maintain specific standards. However, this is a challenging prospect for victims or remaining family members of those that do not survive surgeries. There are those in Wisconsin who believe that cameras in operating rooms may prevent medical malpractice.

"Julie's Law" is a proposed bill calling for the installation of cameras to monitor surgical procedures in hospitals. Advocates for such measures contend that pilots have black boxes that record their conversations and activities, and law enforcement have body cams and dash cams to monitor their actions. They say that surgical procedures are potentially deadly procedures that should be recorded with audio and video surveillance equipment.

Suspected drunk driver kills 2 in fatal car accident

When people reach the age of eighty, their families usually prepare themselves for their loved ones' inevitable deaths, which may not be far off. However, accepting the deaths of elderly loved ones who died in a car accident that was caused by another party will naturally be hard to do. Such a tragedy claimed the lives of two people from another state who were involved in a collision in Wisconsin.

According to a crash report, the accident occurred on a recent Sunday evening in the Town of Bovina. A man and a woman, ages 82 and 83 years, were traveling on Highway 54 when another car crashed into theirs. Authorities allege the driver of that vehicle disregarded a stop sign.

Car accidents on icy roads may lead to personal injury lawsuits

In Wisconsin, the number of car accidents after the first snow typically shows a significant increase. The same likely applies to the number of personal injury lawsuits that follow due to drivers' negligence or failure to adjust their driving techniques to suit the more hazardous conditions. Drivers forget that slow acceleration and deceleration is essential on icy roads to avoid skids. Pulling off in a hurry or trying to stop suddenly could have devastating consequences.

It may be wise to allow extra time to reach any destination because of slower traveling speeds. Due to the danger of coming to a sudden halt, authorities also encourage drivers to increase their following distances to give them ample time to stop without rear-ending the vehicles ahead of them. Furthermore, they say drivers should avoid applying too much pressure on their brakes.

Personal injury: Attack by familiar dogs kills 8-year-old

Wisconsin residents who have threatening dogs in their neighborhoods may be wise to report it to authorities and make sure action is taken before a tragedy happens. Many personal injury lawsuits are filed in civil courts after dog attacks, and in many cases, the victims are familiar with the dogs that attack them. A child in another state was recently killed by dogs with which he often played.

A report by the sheriff's office indicates that an 8-year-old boy and his friend were attacked by the dogs while they walked outside. Reportedly, the attack on the boy was fatal while his friend suffered a bite to his leg. It was reported that the deceased child's mother was the caretaker of the dogs, and the child was frequently in their company.

Doctors face medical malpractice after brain injuries from sinus

When doctors make mistakes in the medical treatment of children, it is not something most parents will accept without taking action. While this is the type of medical malpractice case that can easily play out in Wisconsin, a jury trial recently kicked off in another state. That case involves a child who will never be able to live a normal life.

According to court documents, an older boy pushed a 5-year-old child off a slide during the city's summer program. He suffered a head injury and was rushed to the hospital where he was treated over the following three days. The complaint states that doctors that treated him focused on the head injury and missed the diagnosis of a sinus infection that was so severe that it affected his brain.

Drunk driving car accident par for the course in Wisconsin

Motorists in Wisconsin may put their lives on the line whenever they take to the roads. Wisconsin is reported to be the state with the highest number of drunk drivers. Chances of being involved in an accident caused by a drunk driver is high in a state where some 2,800 drivers have been charged with drunk driving seven times or more.

While many residents believe drinking is part of the Wisconsin culture, the victims of drunk driving accidents are likely less thrilled with state laws that are regarded by many as too lenient. Authorities say about one in three of all the drivers who are pulled over for impaired driving have records of previous OWI arrests. In Wisconsin a first impaired driving charge is only a traffic offense.

Personal injury lawsuit may follow dog attack

Most Wisconsin residents who have dogs see them as loyal and playful companions. However, all animals have wild sides, and all they have teeth with which to defend themselves when they feel threatened. While dog bites are painful, they can also be deadly. Dog owners are responsible for their dogs, and if anybody is bitten, the owners may face personal injury lawsuits.

Knowing the warning signs of mounting aggression in a dog might help to avoid an attack. Fear is the primary cause of dog attacks, and if it has a choice between fight or flight, most dogs will choose to fight. Many dogs develop possessiveness, and the subject of their obsession can be a favorite toy, its owner, a child in the household and also its food and puppies. They will growl to warn anybody who comes too close to their favorite objects. That is the time to back off.

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Godfrey, Leibsle, Blackbourn & Howarth, S.C.

Godfrey, Leibsle,
Blackbourn & Howarth, S.C.

354 Seymour Court
Elkhorn, WI 53121

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