Missouri Personal Injury Lawyer Blog

When viewed as a whole, man’s best friend is a fairly dangerous creature. With a population of 310 million people in the United States in 2010, dogs bit approximately 4 million of us. Humans have been domesticating the dog (Canis lupus familiaris), for countless centuries, however, the typical canine remains very close to its wild and feral nature. The modern animal we refer to as a ‘dog’, is in reality, a domesticated grey wolf. The pets we keep today as dogs, come from a family of animals which include the jackal, foxes, coyotes, and wolves. The wild nature of man’s best friend is demonstrated continuously through their bites in the United States.

Missouri has recently enacted a new dog bite law that attempts to address the large number of ongoing dog bites throughout the state. For the past fifty years, Missouri operated under a statute which gave most dog owners a free pass to liability if their canine had never before exhibited any aggressive or dangerous behavior. The exceptions were for owners of a few limited breeds of inherently dangerous dogs, such as the pit bull, Rottweiler, or German Sheppard. People bitten by dogs with no previously known aggressive behavior were forced to suffer under the philosophy: I’m sorry, but you were the first, so the dog owner is not responsible because he did not know.

The new Missouri dog bite statute attempts to remedy this situation. Missouri Revised Statute section 273.036 has completely removed the requirement that a Missouri dog bite victim prove that a dog had been aggressive or dangerous before they were bitten. The new Missouri dog bite law provides that a dog owner is liable for all damage their dog inflicts on any person, or their property, if the victim was on public property, or lawfully on private property, and the victim did not provoke the dog into attacking. Missouri residents, who join in the 4 million people bitten by dogs each year in the United States, are now a little more secure in their right to hold dogs’ owners liable for their unprovoked attacks.

Continue reading "History of Dog's Aggression No Longer Required in Missouri Bite Claims" »

In January, an Amish man from Madison, Missouri was killed when his horse-drawn buggy was hit by a vehicle on U.S. 63 near Moberly, according to the Chicago Tribune.

The vehicle was driven by a 34 year old man from Illinois. He has been charged with second-degree voluntary manslaughter and a hearing for the man is scheduled on August 30.

Cellular telephone records show that the man who struck the buggy sent a text message to his wife only two minutes before the crash was reported. The man told investigators he was not texting at the time of the accident.

Texting while driving is dangerous. Drivers that use cell phones are four times as likely to get into crashes serious enough to injure themselves, according to the National Highway Traffic Safety Administration. In addition, distracted driving is a factor in one-quarter of crashes reported to police.

Using a cell phone while driving also has a major impact on your brain activity. According to Carnegie Mellon, driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent. In addition, distraction from cell phone use results in a driver having the reaction time of someone with a blood alcohol concentration of .08, which is the level of intoxication in most states.

Have you been injured in an accident by a distracted driver? If so, contact an experienced Missouri automobile accident attorney today. You could be entitled to compensation for medical expenses, pain and suffering, damage to your automobile, and more. Contact Page Law today at 314-322-8515 for a free consultation.

Missouri’s new dog bite statute, RSMo 273.036, has altered long-standing Missouri law. Prior to the recent enactment of the new Missouri dog bite statute, a Missouri dog bite victim was only allowed to recover compensation for their injuries if they could prove the following elements: 1) the dog must have exhibited dangerous propensities on a prior occasion, 2) the dog owner knew, or should have known of their dog’s prior dangerous propensities, 3) the victim of the dog bite was lawfully on the property of the dog owner, and 4) the victim of the dog bite did not provoke the dog into the attack. Under this old version of Missouri law, a victim of a dog bite in Missouri often had a difficult task in proving the attacking dog had previously demonstrated dangerous or aggressive behavior.

Showing that a dog in Missouri has previously exhibited dangerous propensities presented many hurdles to successfully seeking compensation when bitten. Sometimes this task was accomplished with ease, in the few cases of dogs that had bitten another individual in the past and police or animal control documented the bite. However, in the vast majority of cases, dog bite victims were forced to expend large sums of money investigating the past behavior of a particular dog and dog owner.

Missouri dog bite lawyers were forced to search for any past aggressive behavior of the pet, such as lunging, biting, nipping, snapping, etc. Once a Missouri dog bite victim was able to find evidence of one or more of these prior dangerous propensities, then the act was subject to strict scrutiny through interpretation.

Continue reading "Out with the Old, In with the New: Missouri Dog Bite Statute Revised" »

On August 29, 2009, the state of Missouri drastically changed its laws relating to the liability of a dog owner whose dog bites another individual. Revised Statute of Missouri section 273.036 is the Missouri statute governing a dog owner’s liability when their dog bites another person. This new Missouri law states “the owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's or possessor's knowledge of such viciousness." RSMo section 273.036(1).

This new Missouri dog bite law has created a two-prong test where a dog owner is strictly liable for personal injuries, and property damages, caused as the result of their dog biting another person without provocation, and while the dog bite victim was lawfully on the property of the dog owner.

Missouri’s new dog bite laws have elevated the responsibility of dog owners for the actions of their pets. The new law states that a dog owner is ‘strictly liable’ to an individual who is bitten by their canine, if the bite occurred without provocation, and while the victim was lawfully on the property. Strict liability is a legal doctrine that makes individuals responsible for damages of their actions, such as dog ownership, regardless of any "fault" on their part.

By including the concept of strict liability in Missouri’s new dog bite statute, a dog owner is liable to an injured dog bite victim meeting the above two-prong test, regardless of their intent to cause the injury. This new Missouri Dog Bite statue provides additional protections to those injured as a result of unprovoked dog bites in the State of Missouri.

Missouri’s new dog bite laws do recognize situations where an individual bitten by a dog may share some responsibility for the attack. The new Missouri dog bite law specifically states that a dog owner is liable for their dog biting another person, only if the bite occurs ‘without provocation’. Provocation may come in a clear and intentional manner, such as hitting, tormenting, abusing, or teasing a dog. Under Missouri law, provocation may also come through unintentional acts, such as stepping on a dog’s tail. The defense of provocation is taken on case-by-case basis in which juries must weigh the arguments of Missouri dog bite lawyers at trial in determining whether an act amounts to provocation.

Continue reading "New Missouri Dog Bite Law" »

On Highway 25 outside Cape Girardeau, a vehicle struck the back of a scooter and both vehicles caught on fire, according to KFVS12.com. Fortunately, both drivers were uninjured. This accident highlights a growing trend in Missouri – the use of scooters on public roadways. However, many drivers are unfamiliar with the rules of the road regarding scooters.

Scooters can be driven everywhere except on interstates. In order to operate a scooter in Missouri, an individual needs to have only a driver’s license. Scooters don’t require a helmet, insurance, a motorcycle license, or specialized training. However, most safety officials recommend using a helmet, which can greatly reduce the likelihood of a head injury. In addition, unlike ATVs, motorcycles, boats or other motorized vehicles, scooters are not required to be registered with the state. Scooters have a speed limit of 30 miles per hour.

One problem with scooters is that most other drivers are not educated about them. Because scooters can only go 30 miles per hour, drivers need to watch out for them and not overestimate their speed.

Have you been injured on a scooter as a result of another driver’s negligence? If so, you may be entitled to compensation for not only medical expenses, but also lost wages, pain and suffering, property damage, and more. The experienced St. Louis car accident attorneys at Page Law have extensive experience with these types of accidents and offer free consultations. Contact them today at 314-322-8515. They will work hard to protect your rights and deliver favorable results.

Missouri personal injury attorney John Page of Page Law recently obtained a $6.5 million settlement for a motorcyclist who endured permanent brain injuries in an accident caused by a tractor-trailer driver, according to a Forbes.com report. The 49-year old motorcyclist was injured after the Allied Systems, Ltd. tractor-trailer crashed into him on May 1, 2005. The case was filed in St. Louis and alleged that both the driver and the trucking company, Allied Systems, Ltd., were liable for the tractor-trailer’s brakes being defective.

After driving to a shop to see if they could replace his tractor’s brakes only to find that the shop had closed, the trucker went on to retrieve a load that Allied Systems, Ltd. had sent him to pick up previously that morning. While the truck was on the highway in Benton County, MO, it crashed into the back of the motorcyclist who was allegedly slowing down or completely stopped.

The trial began with the driver’s insurance carrier agreeing to settle for $1 million. When the case was in mediation, the highest offer from Allied was $1.8 million. During the trial, Allied offered $2.5 million, but the Plaintiff refused, determining that the amount was not sufficient enough to fully compensate the catastrophically injured motorcyclist. The trucking company then presented $3.5 million, which was again refused. In the second week of trial, Allied proposed a $5.5 million settlement and this offer was accepted on top of the driver’s $1 million policy.

In reference to the motorcycle case’s outcome, John Page stated, “We put a significant amount of time and effort into obtaining this result for our client…Ultimately we were able to resolve this case for an amount that will help our client make up for the harms and losses he and his family suffered as a result of this crash.”

To learn more about the many accomplishments of Page Law, please visit http://www.injuredclient.com or call 314-322-8515 for more information about your legal rights and options if you have been injured in a motorcycle or other motor vehicle accident.

A school bus from Missouri crashed in eastern Kansas during a return trip from a church camp, according to an article in USA Today.

The accident happened on I-35 near Wellsville when the bus rolled off the highway. No other vehicles were involved. There were 34 people on the bus, which included 29 children, four teenage counselors and the bus driver. Eight children were taken to area hospitals in ambulances. Their injuries included back and neck pain and possibly some broken bones. One child was airlifted to a hospital in Kansas City. The crash is under investigation.

This type of tragic bus accident is rare as school buses have a reputation for being exceptionally safe. Each year school buses carry 24 million students and travel more than 4 billion miles. School buses have a rate of only .02 deaths per 100 million miles traveled. Between 1994 and 2004, only 71 passengers on school buses died in crashes. In 2004 alone, 31,693 people were killed in automobile accidents.

However, since 1996 the American Academy of Pediatrics has been urging that school buses contain three point harness seat belts for passengers. The Academy points out that although buses are designed with “compartmentalization”, which are thickly padded bench seats close together with high backs in order to protect passengers; children are still at risk if a school bus were to tip over.

Although injuries in a school bus accident are uncommon, they do happen. If you or a loved one has been injured in a Missouri school bus accident, it would be in your best interest to contact an experienced Missouri bus crash attorney. The legal team at Page Law can help you understand and protect your rights. Call us today for a free consultation at 314-322-8515.

Earlier this month, the Missouri State Highway Patrol announced the launch of a public safety campaign to discourage drivers from texting while driving, according to a press release from the Highway Patrol.

At a press conference, the MSHP displayed its new anti-texting logo. The logo will be given to the public in the form of a window decal. The logo was featured in a NASCAR race that occurred in St. Louis. The logo was displayed on the hood of the Con-way Freight race car. Con-way Freight has had a texting ban for its fifteen thousand truck drivers for two years.

The campaign is in addition to Missouri’s anti-texting law. The law prohibits cell phone use for all drivers ages 21 and younger. However, officials are hoping drivers of all ages will stop texting while driving in Missouri. Missouri is one of almost 40 states to prohibit some form of texting while driving.

According to the MSHP, last year there were over 1,700 crashes in Missouri as a result of cell phone usage while driving, which is more than any other form of distracted driving. In the first six months of this year, there were almost 800 crashes as a result of using a cell phone while driving. Those crashes resulted in eight deaths and over 200 injuries.

Texting while driving is dangerous. It involves taking your eyes off the road, removing a hand from the steering wheel and putting your concentration on something besides driving. If you have been injured in a car wreck due to distracted driving, you have legal rights. The St. Louis car crash injury lawyers at Page Law can help you pursue a case against a distracted driver. Call today at 314-322-8515.

In Missouri, workers’ compensation helps protect both employees and employers by guaranteeing certain payments to injured employees and protecting employers from lawsuits. Since a workers’ compensation claim is a legal proceeding, the Missouri Department of Labor recommends obtaining an attorney’s help. Situations in which you may need the assistance of an experienced Missouri workers’ compensation lawyer include:

• When your case will require an evidentiary hearing or trial, or when the insurance company or administrative law judge strongly recommend you hire a lawyer.
• When the insurance company is denying your claim, refusing to talk to you, or claiming a penalty for a safety violation or use of intoxicating substances like alcohol or drugs.
• When you are not getting medical care you believe you need, or tests your physician orders are routinely canceled, or you believe you are totally or permanently disabled as a result of your injury.
• When you qualify for Medicare, or when MO HealthNet or Medicaid have paid your medical bills.
• Anytime you feel intimidated, overwhelmed, or that you are being treated unfairly.

Workers’ compensation is a specialized area of law. When considering hiring a St. Louis workers’ compensation attorney, look carefully at the attorney’s experience in workers’ compensation law. You may want to choose someone who practices workers’ compensation law regularly and who understands the detailed rules involved.

The St. Louis workers' compensation attorneys at Page Law have extensive experience handling workers’ compensation claims. Our legal team strives to keep pace with every change in workers’ compensation law, and we regularly help clients who have been injured on the job seek the workers’ compensation benefits they deserve. Please don’t hesitate to call the experienced Missouri workers’ compensation lawyers at Page Law to discuss your workers’ compensation claim. Call (314) 322-8515 for a free and confidential evaluation of your workers’ compensation case.

No one ever plans to be in an accident, let alone find themselves in need of a St. Louis personal injury attorney. For most people who have been hurt in either an auto accident, motorcycle collision, or another accident caused by someone else’s negligence, they need help right away.

Although it is important to find a lawyer who can help you as soon as possible, you will not benefit in the long run by choosing just any attorney. To find out more about how you can find the right lawyer for your specific case, please watch the below video.

The Missouri Motorcycle Safety Program (MMSP) seeks to educate Missouri motorcyclists, including providing information about how to protect themselves from injury. Among the many safety myths about motorcycle riding is a host of myths about helmet use, which may discourage riders from wearing their motorcycle helmets.

For example, it is not true that a motorcyclist who wears a helmet may be at a higher risk for neck or spinal cord injuries. Multiple studies have shown the opposite: riders who do not wear their helmets are the ones who suffer more severe neck injuries, as well as leaving themselves open to head injuries that a helmet may reduce or prevent.

Also, motorcycle helmets do not impair a rider’s peripheral vision or prevent riders from hearing important traffic-related noises. Federal motorcycle helmet standards require that a helmet provide at least 210 degrees of peripheral vision, which is within the 200 to 220 degrees most humans have normally. Meanwhile, a University of Southern California analysis of 900 motorcycle accidents failed to reveal a single accident that occurred because the rider said he or she could not hear an important sound, even while wearing a helmet.

Wearing a helmet is one way to help protect yourself in case of a motorcycle accident. Unfortunately, not all motorcycle accidents are the fault of the motorcycle rider, and even the best equipment may not prevent all injuries. If another driver’s negligence or carelessness has left you injured in a motorcycle accident, please get in touch with the experienced Missouri motorcycle accident attorneys at Page Law. Our legal team will help you fight for all the compensation to which you may be entitled, including payments for medical bills, lost wages, and pain and suffering. Call Page Law today at 314-322-8515 for a free consultation.

A young couple died recently in a rollover crash on Interstate 55 in St. Genevieve County, according to the St. Louis Post-Dispatch. The couple’s car drove off the left side of the road at Little Saline Creek Bridge. According to the Missouri Highway Patrol, the car drove into the median, fell down the embankment between the bridges, and landed upside-down. Both the driver and passenger were killed in the Missouri rollover crash.

The Missouri Highway Patrol has been unable to discern why the car left the road. The driver’s mother believes that her son, who was driving, may have fallen asleep. She said that she had warned him before the couple left Texas that he should take rest breaks during the drive. The couple’s trip was nearly over; they were only 25 miles from home when they crashed.

The couple has three children, including two sons and a daughter. The children had stayed in Missouri while their parents went to Texas, and so they were not in the car when it crashed. Currently, they are staying with relatives.

Driver fatigue accounts for a large number of Missouri car accidents. Drivers who are too sleepy to pay proper attention or who fall asleep at the wheel may injure or even kill themselves, other motorists, bicyclists, or pedestrians. Driver fatigue in Missouri is a particular problem among large truck drivers, who must obey strict federal regulations on how long they may drive before resting.

If another driver’s fatigue has caused you or a loved one to endure an injury in an auto accident, you have certain legal rights. The experienced Missouri car crash attorneys at Page Law can help you understand your rights after an accident and will fight to protect your rights in court, as well as seeking the compensation you need to move on after a tragedy. Please don’t hesitate to call Page Law at 314-322-8515 for a free case evaluation.