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Monthly Archives: February 2013
Florida Dog Bite Statute
Dog owners and dog bite victims alike should be aware that Florida maintains a strict liability statute to protect victims of dog attacks. Under Florida Statute 767.04, the owner of a dog that bites another person will be held strictly liable for the damages caused if such person is on or in a public place, or lawfully on or in a private place, including the private property of the owner of the dog.
In Florida, the prior lack of viciousness of the dog is irrelevant, and a dog owner will still be held liable for damages including present and future medical bills, lost wages and future earnings, mental anguish, and destruction of property.
Though the amount of recovery available to the injured party will be reduced by whatever percentage of fault can be attributed to victim’s own actions, dog owners should be aware of their potential strict liability.
Under the Dog Bite Statute, Dog Owners can protect themselves from liability for attacks that occur on their private property. The statute allows for limited protection of dog owners who display in a prominent place, a sign that reads “Bad Dog”. This protection is not available, however, if the attack was caused by the owner’s own negligence or omission to prevent the attack.
Dog attacks can be devastating, the medical costs that follow can be extensive, and many times the dog owner isn’t even aware of the potential viciousness of their dog.
At Blick Law Firm we defend those victimized of such actions such as dog bites. If you are seeking a personal injury lawyer to pursue a claim regarding a recent attack; or if you are a dog owner and need information on how to protect yourself from liability for your dog’s actions call Blick Law Firm today at (813) 931-0840. Call to make an appointment for a free 15 minute consultation with attorney, Michael C. Blickensderfer. Think quick, call Blick!
Posted in Blog, Personal Injury
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Drinking and Driving
On a daily basis, Florida drivers receive DUI’s and face obvious and hidden consequences that can have a wide reaching personal impact. When a person is charged with a DUI, the consequences may include:
- License Suspension
- Drastic Insurance Increases; especially when required to obtain FR-44 insurance coverage
- Complications with Employment; both present and future
- Driving Restrictions that require additional costs such as an Interlock Device installed in your vehicle for a period of 6 months, 1 year, or even 2 years, depending on your situation
- Probation
- Legal Fees and Court Costs
These consequences contribute to a multitude of difficulties that one faces when battling a DUI charge. It is important to fully understand and appreciate the severity of possible consequences associated with DUI, and always take all possible steps to avoid Driving Under the Influence.
DUI, or Driving Under the Influence, generally refers to a person who has physical control of a vehicle while that person’s normal faculties are impaired by any type of drug, including alcohol, illicit drugs, and even prescription medication. Therefore, if you are under the influence of drugs other than alcohol and are in actual physical control of a vehicle, you can still potentially be charged with a DUI.
In Florida, a blood alcohol level of .08 or more constitutes alcohol impairment beyond the legal limit. However, a police officer may still arrest you for a lower blood alcohol concentration (BAC) if they suspect that your normal faculties are impaired while operating a motor vehicle. Having a BAC under a .08 will increase your chances of overcoming the DUI conviction, but you may still be arrested and endure several hassles that go along with combating a DUI charge.
Police officers will pull drivers over for a number of traffic offenses, even minor ones, and initiate immediate conversation to determine the potential impairment of the driver. To assess the physical signs of impairment, Police will be looking for the ability to maintain eye contact, slurred speech, the smell of alcohol on a driver’s breath, or bloodshot eyes.
Know that your behavior once you’re pulled over is being scrutinized immediately, especially when pulled over late in the evening or after leaving a bar. Therefore, being polite, answering questions respectfully, and not making legal arguments is in your best interest.
While it is your right to not answer any questions without a lawyer present, not doing so will certainly raise the officer’s suspicion and they will likely investigate further. It is wise to answer questions vaguely and avoid delving into specifics, including any amount of alcohol you have consumed, or that you just left a party, bar, or football game.
If the Police are suspicious, they will tell you to exit the vehicle, and you must. However, you may refuse to submit to any sobriety tests conducted. Even if you think you can pass the sobriety exercises, it is likely in your best interest to politely refuse because the officer determines whether you passed based solely on their own judgment. Know that you always have the right to contact an attorney before you submit to any test.
If you are charged with DUI, it is important to seek legal counsel immediately! Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with attorney Michael Blickensderfer to determine what your options are moving forward.
Posted in Blog, Criminal Law, DUI
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Chapter 7 Bankruptcy Tampa
A Chapter 7 Bankruptcy filing is a useful way to discharge of most debt, and can relieve the burden of creditor collection attempts. Chapter 7 Bankruptcy is generally available when the debtor has little property aside from the basic necessities like furniture and clothing; and the debtor has difficulty making payments on basic expenses, or has very little money left after doing so. Today, many people utilize bankruptcy as a strategy for resolving unmanageable debt. Today, filing for Bankruptcy is more common than most people realize and can be a refreshing solution to a debt-ridden life.
Chapter 7 Bankruptcy is a liquidation proceeding whereby the debtor turns over all non-exempt property to the bankruptcy trustee who then converts it to cash to pay off the creditors. Usually within four months the debtor then receives a discharge of all dischargeable debts. Usually, these dischargeable debts include your credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt.
The advantage to filing Chapter 7 Bankruptcy is that your unsecured debt is completely eliminated, the process is fairly quick, and the automatic stay that takes place after filing prohibits creditors from making collection efforts.
It is important to be aware that while Chapter 7 Bankruptcy may ultimately relieve a debtor of the burden of insurmountable unsecured debt, it is a process that requires the production of several documents and tedious preparation. The more prepared the debtor is, the more seamless the process becomes.
Bankruptcy is a complex area of law and involves many considerations, including whether to file, determining which type of Bankruptcy to file, the use of exemptions, understanding the protections of the Bankruptcy Code and using them to your advantage.
No matter what your situation is, obtaining quality legal consultation from an experienced bankruptcy attorney is beneficial. Contact Blick Law Firm today at (813) 931-0840. Schedule a free 15 minute consultation with attorney Michael Blickensderfer to assess what option is best for you. Think quick, call Blick!
Posted in Bankruptcy, Blog
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