Tuesday, February 09, 2010
       
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     A panel of Arizona attorneys, each in their own area of law, is now available to serve union members and their families.  The panel concept assures that the client will be directed to a highly qualified attorney who only practices in the area of law that the member needs.  For example, our family law attorneys only do divorces, custody and related matters.  Our personal injury lawyers only practice personal injury.  Our employment law specialist only practices employment law.  Our probate attorney does wills, trusts and estates, guardianships power of attorney and conservatorships.  Our Worker's Comp attorney is a certified specialist in that field.  Our panel also includes criminal law specialists, a bankruptcy specialist, an attorney who emphasizes homeowner association disputes, real estate, general civil and contract attorneys.

     All this legal talent at a cost far below what is normally charged to the general public in Arizona.  There is no fee to join.  If you or a family member belong to a union, you are automatically enrolled.

     Initial consultations and document reviews are free.  If matters can be handled with a couple of phone calls or perhaps a letter, the panelists will often help the union member at no charge.  Depending on the type and complexity of the matter, discounts can be as great as 33% off the going rates. 

     There are separate panels in Tucson and Phoenix so that you are assured of having an attorney knowledgeable with local rules of legal practice and procedure.

     Call (520) 531-8358 and speak to attorney Steve Gorey about your legal problems or to be referred to an attorney in your specialized area of need.

     WE'RE ON YOUR SIDE!

    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

KNOW YOUR RIGHTS 

 

 

 

PERSONAL INJURY ACTIONS FOR DOG BITES IN ARIZONA

By Stephen Gorey, Attorney at Law

 

 

            When a dog bites a worker, the worker has two claims which he can pursue at the same time.  The first is his or her claim for Worker’s Compensation for payment of medical bills, a portion of lost wages, and where applicable, some further compensation for permanent disability.

 

            The second claim is for personal injury damages against the dog owner.  These damages are for pain and suffering, fright, shock, embarrassment (for scarring), hedonic damages (loss of enjoyment of life, for instance when interests or activities are impacted), and the additional portion of lost wages to make up for the percentage of lost wages not paid by the Worker’s Compensation program. 

 

            Dog bites are almost always covered by Homeowner’s or Renter’s Insurance and at the time of this article the typical settlement on a routine bite is in a range between $10,000 and $30,000.  This amount actually increases when permanent scarring results, or when medical bills are greater than normal, or when the dog was not properly vaccinated, or when the dog was known to have “dangerous propensities” due to prior bite incidents or guard dog training, or when severe emotional trauma occurs due to the viciousness of the attack..   This can push the settlement value up over $100,000, and in the most aggravated cases involving very severe injuries, far beyond even that figure.  Punitive damages (punishment damages) can be added on by a judge or jury if the owner knew of the viciousness of the dog and did nothing about it.

 

            In Arizona, it is not necessary to show that the dog ever bit anyone before.  The dog’s owner or its caretaker is strictly liable without regard to fault as long as the victim is either in a public place or legally on the owner’s property, Arizona Revised Statute 11-1025.  The only defense a dog owner has is to show “provocation” which means that the victim was taunting the dog.  “Assumption of risk” and “contributory negligence” are not defenses, which means that the dog owner cannot win by arguing he had up a “Beware of Dog” sign if the letter carrier had to go onto the property to deliver mail.

 

            If you are bitten by a dog, it is usually best to immediately call an attorney who has actual experience with this type of case. 

 

About the Author

 

            Steve Gorey is an attorney licensed in Arizona for the past 27 years and is also licensed in California.  He practices exclusively in the field of personal injury, which includes dog bite cases, throughout Arizona and California.  Attorney Gorey heads the Union Attorney Panel in Tucson, giving free consultations and substantial fee reductions to anyone who is a member of a union. The Union Attorney Panel is a group of Arizona attorneys who each practice in a different area of law giving fee breaks and preferential treatment to union members.  There is no fee to join the program and you are automatically qualified by virtue of your union membership.

 

            Attorney Gorey is experienced and successful in all phases of personal injury, including dog bite cases, swimming and diving accidents, product liability (machines or other products that cause injury), medical malpractice, legal malpractice, libel and slander, misrepresentation and fraud, auto accidents, and claims against government agencies for such things as improperly maintained roads.  This is not a complete list, but is only representative of the types of claims he has successfully pursued for his injured clients.  A major portion of his practice has been devoted to the handling of severe injuries (quadriplegia and brain injuries) and death.

 

            You can contact Steve Gorey for a free consultation in the area of personal injury,  or for referrals to other attorneys in the Union Attorney Panel for other types of legal questions, at (520) 531-8358.  

 

 

 

INJURIES TO WORKERS WHILE ON SOMEONE ELSE’S PROPERTY

By Stephen Gorey, Attorney at Law

 

            In Arizona, a worker on someone else’s property, such as a Qwest I & M worker, or a UPS driver, or a Letter Carrier, is entitled to the exercise of reasonable care by the property owner or the renter to keep the premises in reasonably safe condition for use by the worker, or to be warned of conditions that are not open and obvious which may cause injury.  In other words, the property owner or occupier must either take reasonable steps to find and fix problems that can cause injury to the worker or must at least provide warnings to the worker to let him or her know of the danger.  So for instance, the property owner must make routine inspections of the property to see if steps are rotted out, floors are uneven, tiles are broken, walks are slick with water or algae, gates have hidden sharp edges, overhangs are safe, handrails are provided when there is ice, etc., etc.

 

            When a worker is injured due to a defective or dangerous condition on someone’s property including government property on which he or she is picking up or delivering packages, or from a dog bite, the worker has two claims which he or she can pursue at the same time.  The first is a Worker’s Compensation Claim (under the State Workers’ Compensation Program or the OWCP federal program) for medical bills, a portion of lost wages, and where applicable, some further compensation for permanent disability.

 

            The second claim is for personal injury damages against the property owner or renter, often called a “premises liability claim,” or a personal injury claim against the dog owner or land owner.  Damages are sought for pain and suffering, fright, shock,  embarrassment (for facial scarring), hedonic damages (loss of enjoyment of life, for instance when interests or activities are impacted), and the portion of lost wages to make up for the percentage of lost wages not paid by the Worker’s Compensation program. 

 

            If you are injured because of a condition of property on which you are working,  or from a dog bite, it is usually best to immediately call an attorney who has actual experience with this type of case so that evidence can be preserved, pictures taken and witnesses secured. 

 

            Please call attorney Steve Gorey at (520) 531-8358 for a free consultation if you are injured on someone else’s property as a result of the property owner’s negligence or a dog bite.