eNewsletter for Mike Love and Associates
Dangerous Dogs: Can Owners Be Held Accountable for Bites?
Dog bites are relatively common injuries that should always be taken seriously. According to the Centers for Disease Control, there are 4.5 million dog bites each year in the United States. About one in five of these bites will cause infections. Why do dogs bite innocent people? In many cases, dogs bite because they have negligent owners. Owners may allow dogs to wander around without leashes or treat them in ways that lead to hostile behaviors. For these reasons, if you have been bitten by a dog, you may have legal options. Under Texas law, there are scenarios where people injured by dog bites can hold owners accountable. In Marshall v. Ranne, the Texas Supreme Court established criteria for civil litigation involving animal bites. Some call the criteria used by the court in this case the ‘one bite rule’. What are these criteria? Dogs must have a history of aggressive behavior….
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If You Are Buying a Car, Beware of Auto Dealer Fraud
Mortgage fraud is only one of many ways scammers target vulnerable consumers. Car dealerships also take advantage of those in desperate situations with fraudulent tactics. Salespeople will target folks with poor credit, the disabled, the elderly and those with a poor grasp of consumer protection laws. Here is how you can spot these auto dealer fraud scams and avoid being ripped off. The Top Five Auto Dealer Fraud Scams to Avoid Bait and switch rebates: Car dealership scams will sometimes offer numerous rebates to attract potential buyers to their lots. In reality, this is deceptive advertising because the dealership knows that most of the people who show up will not be able to use these rebates. For example, a vehicle will be advertised at a reduced price of $25,000. What the salesman does not say, is that the rebate is only for members of the military. Without the rebate, the…
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Why You May Need an Attorney Before Filing A UM/UIM Claim
Texas auto insurance policyholders should always make sure they have UM/UIM coverage (uninsured/underinsured motorist coverage). Although Texas insurance companies are required to offer UM/UIM coverage, policyholders can reject it in writing. UM/UIM coverage can protect you in the event an uninsured or underinsured motorist hits your vehicle and causes physical and/or property damage. However, there are some nuances to Texas UM/UIM coverage that make contacting an attorney a matter of critical importance before filing claims. As a policyholder, you may run into difficulties filing a UM/UIM claim. In late 2006, the Texas Supreme Court held in Brainard v. Trinity Universal Insurance Company that insurance companies are under no contractual obligation to pay UM/UIM claims until policyholders obtain judgments establishing the liability of UM/UIM motorists and the amount of damages. So basically, purchasing a UM/UIM policy merely gives you the right to sue your insurance company and recover if you win…
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How Can Following the Texas Move Over Law Save Lives?
Law enforcement and emergency personnel performing traffic stops or responding to auto accidents are at risk of being struck by passing motorists. Most states have move over laws to prevent these types of accidents. In 2003, former Governor Rick Perry signed the Move Over Act into law. The law’s language is simple to understand and it is not difficult to follow. How Does the Texas Move Over Law Work? Transportation Code 545.157 requires drivers to perform certain actions near emergency vehicles that have come to a stop and have their lights activated. There are two options. Drivers can vacate the lane closest to the emergency vehicle (if the road has multiple lanes in the same direction), or they can slow down to 20 miles per hour under the posted speed limit when the posted speed limit is 25 miles per hour or more. For example, if the speed limit is…
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