The dog’s owner said his roommate witnessed the boy harassing the dog but did not see the attack. Our prayers go out to this little boy for a speedy recovery.

Video Courtesy of KSL.com

Under Utah law, dog owners, or those that keep dogs, are “strictly liable” for the injuries that their dogs cause. The only limit is if the victim helped contribute to those injuries by teasing or otherwise provoking the dog. In this case, the victim is a 5-year old who is does not think like an adult or teenager might. They are unable to appreciate the possible repercussions of bothering a dog. This is why the prevailing view under Utah law is that a child under the age of seven is conclusively presumed to not be guilty of contributory negligence.

The next issue is insurance. Generally speaking, most renters do not carry insurance to cover this type of claim. Homeowners, on the other hand, do. I would therefore recommend that the parents of this boy contact a Utah dog bite lawyer to find out what insurance remedies are available to help their son in his recovery and down the road.

The pit bull’s owner came outside and got the dog away from the girl. She was taken to the hospital with a large wound on her upper thigh. She is still recovering from injuries but fortunately the injuries were night life threatening. The Salt Lake County Sheriff’s Office and animal control officers gave the dog owner several options as to what could be done with the pit bull. The owner chose to have his dog euthanized reports KSL news.

Legally speaking, the victim in this story has a claim against the owner of the dog that bit her.
According to Utah state law, no warning or “violent propensities” are needed since the law imposes “strict liability” on the dog’s owner.

Video Courtesy of KSL.com

Now Cawdery is launching a flyer campaign to raise awareness of the issue and is calling for a complete ban on pit bull dogs in Salt Lake City. On the flyer she is circulating, she is including before and after pictures of her dog, which are pretty gruesome. She told the media: “Hopefully, Coco got hurt for a reason, and that we can prevent a child getting hurt.”

Her proposal to ban pit bulls to reduce the incidence of dog bites of children in Salt Lake City is not without criticism. Representatives of the Utah Animal Adoption Center say that pit bull dogs are no more likely to attack than other breed of dogs and that many pit bull dogs are actually quite docile and good with kids. The representative did admit that pit bulls have stronger jaws and are more tenacious when they attack. She added that while not all pit bulls are dangerous, their owners should not let a pit bull – or any dog for that matter – roam free in an off-leash park if their dog has kind of vicious propensity.

In Utah, there is strict liability on the part of dog owners when their dog bites or attacks a person, or because of the dog’s menacing nature, causes someone to become injured in trying to get away from a threatening dog. In Utah, it isn’t even necessary that the dog owner have notice that their dog might bite, as is the case in other states where they have a “one free bite” rule.

In the meantime, parents of young children may wish to think twice about visiting Herman Franks Park, located near 700 East and 1300 South in Salt Lake, with their children since it is almost impossible to know when a dog is going to decide to attack or bite.

The author, Ron Kramer, is a personal injury attorney practicing in Salt Lake, Davis and Utah Counties.

Published by: Ron Kramer

My condolences to the family of this man. It sounds like he was driving prudently in one of the right lanes when this all happened. From the facts of the story, I can’t see that Mr. Christensen contributed in anyway to the car accident. I also feel for the driver of the Ford. I’m sure he didn’t intend for this accident to happen, certainly not for it to happen the way that it did.

In most situations where car accidents occur in icy or snowy weather, it is because the driver is driving too fast for conditions or has faulty equipment, such as tires that are not in good condition to do well on snowy or icy roads. Although people like to blame God for crashes like this, the fact is that almost all of these crashes are because of human error. We hear this same thing from the UHP: that motorists are driving too fast for conditions and that they are not keeping enough distance between their car and the one in front of them.

In this case, I definitely see a claim against the driver of the Ford and possibly a claim against the driver and/or company of the semi-truck (although the crash may simply have been unavoidable). The family may also make a claim on the “under-insured” policy that was on the Toyota. (In situations like this, claims are almost always made against the insurance companies that insure these vehicles.) I would recommend that the family talk to a Utah accident/injury attorney that focuses on car accident cases to explore the legal remedies that may be available to them.

Published by: Ron Kramer

After the crash, a Davis County Sheriff’s deputy was called out to do an investigation. (It is protocol for another law enforcement agency to investigate claims that involved one of their officer’s or their vehicle.) During the investigation, the driver of the Durango left the scene. At first, the deputy attempted to pursue the driver but gave up due to bad road conditions. No matter, the drunk was found a short time later after he struck another vehicle on Antelope Drive, injuring four persons inside that car. The drunk then left his car and made a run for it. Officers eventually caught up with him. He resisted arrest, going so far as to try and fight with an officer. He was booked into the Davis County Jail on a slew of charges.

Although the media and other special interest groups are vigilant in getting out the word that we should not drink and drive, people continue to do it anyway. When they do drive drunk and they hurt someone, however, they will be held accountable for the injuries that they cause. In this case, the four that are injured — perhaps even the Layton Police officer – have a claim against this drunk driver for injuries they experienced because of his actions. I would recommend they contact a personal injury lawyer with experience in taking drunk driving cases.

Ron Kramer is a personal injury lawyer that regularly represents injured persons lving in the Ogden, Layton area. He is a recipient of a 7-figure jury verdict handed down by an Ogden jury in a car accident case last year.

Published by: Ron Kramer

According to the Wichita Eagle, the injured man, Terry Frederick, 56, of Overland Park, KS, was asleep in the sleeper portion of a Yellow Freight truck being driven by his riding partner, Dennis Bottorff. The truck accident happened on U.S. 54 near Tucumcari, NM. At the time, the truck was traveling down the highway, approaching a truck stop. Around this time, a woman, in a Swift semi-trailer, was backing her rig onto the highway. (The woman, it is reported, was under the influence of meth at the time.) Mr. Bottorff was apparently unable to stop in time and rear-ended the rear portion of the Swift truck. Sadly he died at the scene. Terry Frederick, who was in the sleeper cab, received a serious, disabling spinal cord injury.

Because of Terry’s severe injuries, he racked up massive amounts of medical bills, some $5 million, according to news reports. The bulk of the jury’s verdict will go to pay back medical providers and care givers who rendered medical treatment and to pay others to provide medical support to him in the future. Kudos to the attorneys who got him this tremendous result. We wish him the best as he continues to adjust to a radically-changed life style that came as a result of the other driver’s (and the trucking company’s) poor choices.

Ron Kramer is a Utah personal injury attorney who specializes in vehicle accident cases, including those involving spinal cord injuries. Earlier this year, he obtained a seven-figure jury verdict for a client who had received a spinal cord injury from a motor vehicle accident in Ogden, Utah.

Published by: Ron Kramer

Driving over 100 miles per hour down a desolate stretch of Utah blacktop – at night – is nothing short of reckless. If you’re going to do it, though, please, please buckle your seat belt. In fact, whether you are driving carelessly or not, all drivers should INSIST that all passengers in their car wear their seat belts. It is a driver’s responsibility and it is the law.

Legally speaking, both passengers have a claim on the driver of the truck and/or the insurance policy taken out for the truck. If they have their own insurance, they can make a claim on the “underinsured” portion of it.

We offer our condolences to the family and friends of the deceased and wish the victims in this crash a speedy recovery.

Ron Kramer is a Utah personal injury attorney practicing in Salt Lake County as well as state-wide.

Published by: Ron Kramer

What happens next is a little unclear. According to an account of a friend of Coleman’s given to eonline.com, Coleman was backing up his truck when Rushton came behind it and was knocked over. Rushton wasn’t the only one hit as Coleman’s truck also hit another vehicle as it was leaving the parking lot. Rushton was reported to have been taken to an area hospital and treated for minor injuries. Mr. Coleman’s attorney, Randy Kester, maintains that “Mr. Coleman did nothing wrong.” Kester told People.com that “It was Mr. Rushton who provoked this incident. My client was simply trying to leave the bowling alley.”

Video Courtesy of KSL.com

Despite his plea of innocence, however, Gary Coleman pleaded no contest on December 2, 2008, to charges of reckless driving and disorderly conduct. Under the plea deal, these charges will be dropped in 9-month’s time if Coleman keeps his nose clean. Coleman told KSL.com that he took a plea deal because he wanted to get the case over with.

In the meantime, the personal injury lawsuit filed by Utah attorney Dustin Lance against Gary Coleman continues forward. In these types of auto accident cases, the insurance company for the alleged at-fault driver will hire attorneys to defend the action. I would expect the insurance company attorneys for Coleman in this case to allege that Rushton bears a good chuck of the responsibility for his injuries because he put himself behind the backing vehicle. Attorneys will probably also argue that if he was concerned that his phone was being stolen, he could have noted the license number of the truck and reported it to the police.

Injuries in this case also appear to be on the light side as far as personal injury cases go. If all Rushton had was a visit to the ER, you would not expect to see a lawsuit filed in such a case. Practically speaking, it would not be worth anyone’s time or money to let a low-injury personal injury case churn in the court docket for an expected 18-24 months. Rather, in a Utah pedestrian accident case, you would expect a settlement with the at-fault insurance company. That is, of course, unless they denied responsibility for the incident. Rushton’s criminal history may also prove problematic to his case at trial, especially if he has been convicted of a crime involving dishonesty or moral turpitude, such as burglary. Such a conviction can be used to impeach or discredit the story that Rushton may offer at trial. If he has any felonies on his record in the past 10 years, those likely will also come in at trial to his detriment.

One thing is clear, this is definitely an interesting case that we will continue to follow and comment on as it develops. See the criminal records source.

Published by: Ron Kramer

In Utah, a dog owner is “strictly liable” for injuries that their dogs cause another (person). Unlike some other states, Utah does not follow the “one free bite” rule. Dog owners are therefore expected to be vigilant and to make sure that their animals do not injure others. Because if they do injure someone, they are responsible.

Ron Kramer is a Utah dog bite, personal injury attorney, regularly practicing in the Ogden, Salt Lake and Provo areas.

Published by: Ron Kramer