Durham's Cycling Law and Liability

Cyclist Workshop Law and Liability
Ryan Connolly

Ryan Connolly

Attorney and cyclist Ryan Connolly recently spoke at Bike Durham’s Cycling Law and Liability Workshop. Bike Durham is a group of individuals and organizations working for bicycle-friendly change in Durham. Ryan discussed your legal rights and responsibilities as a cyclist and how to protect yourself financially in case of an accident. 

You Should Know: Dog Bite Claims on the Rise

Children Are Most Often the Victims

Dogs, we love them! They are many times our closest companions and considered one of the family. But any dog can be territorial and unpredictable when it feels threatened or when defending puppies, owners or food. “Our dog has never bitten anyone before” is a common refrain to those who respond to dog bite situations.

The numbers tell the story. More than 4.5 million people are bitten each year in the United States, one in five requiring medical attention, according to the American Veterinary Medical Association (AVMA). Half of the victims are children and are far more likely to be injured. The Insurance Information Institute also reports that the number of dog bite claims is on the rise, accounting for more than one-third of all homeowners insurance claims paid in 2013, or $483.7 million nationwide.

How to Avoid a Dog Bite

First of all, assume any dog can bite, not just breeds that are often thought to be more aggressive. Always be cautious around strange dogs, respecting their space especially when sleeping, eating or chewing on a toy. Other important tips:

  • Never leave a baby or small child alone with a dog. Teach children to be cautious around pets and to ask first before approaching a dog.
  • Pay attention to a dog’s body language, looking for cues that it might be uncomfortable like a tensed body, stiff tail, pulled-back head or ears, yawning and intense staring.
  • If it looks like a dog might attack, resist the impulse to scream or run away. Stay motionless with your hands at your side. Once the dog loses interest, slowly back away.
  • If the dog does attack, “feed” him your jacket, hat, purse or anything else you can put between you and the dog. If you fall, curl into a ball and lay as still as possible with your hands over your head and neck.
  • After a dog bite, immediately wash the wound with soap and warm water. Seek medical attention as soon as possible and then report the dog bite to your local animal control agency.

Be a Responsible Dog Owner

There is a lot you can do as an owner to ensure that your dog doesn’t bite anyone. Not only is it the right thing to do, but it is also your obligation under state and local law. Start by consulting a veterinarian on suitable dogs for your household. Then consider these tips:

  • Because so many dog bites happen to young children, you might want to wait until your children are 4 years old or older before bringing home a dog.
  • Socialize your pet as a puppy so it feels at ease around people and other animals.
  • Train your dog on basic commands like “sit,” “stay,” “no” and “come” to build a bond of obedience and trust. It is also important to exercise and spend time with your dog as dogs left alone too much can develop behavioral problems.
  • Keep your dog healthy and feeling well with all required vaccinations. Neutering your pet can also lessen aggression.
  • Follow the rules by licensing your dog and obeying leash laws.

For more information, download this brochure from the AVMA. And check out the Blue Dog Parent Guide for tips on how to help children safely interact with dogs.

Your Legal Rights

Laws governing dog bites vary by state or local jurisdiction, but in most cases the dog owner is liable for injuries caused by his or her dog. A smaller number of states require the victim to prove that the dog was vicious or that the owner caused the attack by violating animal control laws. Damages are typically covered by the dog owner’s homeowners or renters insurance policies. Your best bet if you or someone close to you has been bitten by a dog is to discuss all of your options with a lawyer.

This article appeared in our May 2015 "You Should Know" e-newsletter.

You Should Know: Fast-Track Approval of Medical Devices Called into Question

Arthroplasty, the reconstruction or replacement of a joint, as shown here in this hip x-ray, is big business for aging baby boomers.

Arthroplasty, the reconstruction or replacement of a joint, as shown here in this hip x-ray, is big business for aging baby boomers.

The United States is the largest medical device market in the world with sales expected to reach $133 billion by 2016. In most cases, medical devices save and improve lives. Unfortunately, not all devices undergo the same rigorous review process before hitting the market.

A number of new medical devices can and do bypass scrutiny by the U.S. Food and Drug Administration (FDA) through a fast-track approval process called the 510(k) program. If a manufacturer can prove that its product is “substantially equivalent” to an existing product, it can avoid stringent premarket testing. While the 510(k) clearing process provides patients with quick access to new products, there is an unsettling consequence: Medical devices can be implanted in patients without requiring manufacturers to prove safety and effectiveness. And in fact, a recent study published in JAMA Internal Medicine found that only eight of the 50 new devices cleared through the program from 2008 to 2012 included required scientific data.

Defective Medical Devices Raise Concerns

Here are just a few examples of more notable defective medical devices that have caused injury to patients:

Knee and Hip Replacements – Clinical evidence continues to show that the design of some knee and hip replacement implants is seriously flawed. Adverse results include failing to properly bond to the thigh bone, improper placement or loosening after surgery. Bone fractures can occur as well as dislocation of the joint. Symptoms patients may feel range from general pain to swelling to an inability to walk. In 2013, The New York Timesreported that Johnson & Johnson knew an all-metal hip implant would fail within five years in nearly 40 percent of patients who had the surgery. 

Transvaginal Mesh Complications – Surgical mesh, composed of synthetic materials, is permanently implanted in patients to repair weak or damaged tissue. But in certain procedures it can cause life-changing health complications, including mesh erosion when the device migrates from its point of placement and cuts through the soft tissues of the vagina or pelvic organs. In addition, patients have experienced pain, bleeding and urinary complications, which the product was designed to fix in the first place.

Defibrillator Leads – Defibrillator leads are implantable wires that connect the defibrillator to the heart. In the event of a heart attack, defibrillators automatically administer corrective shocks. Over the past decade, there have been several high-profile examples of defibrillators malfunctioning, causing the device to fire unexpectedly or fail to fire at all when a patient’s life is at risk.

Protect Yourself with These Tips

These tips from Consumer Reports can help protect you or loved ones from the risk of defective medical devices:

  1. Consider the alternatives: If your doctor suggests an implant, simply ask what will happen if you don’t get it. Sometimes patients aren’t adequately informed about the alternatives. For example, women who received transvaginal mesh for prolapse repair may not have needed surgery. But people ill enough to require an implantable defibrillator for their heart may not have a choice.
     
  2. Research the device: The Food and Drug Administration’s website, FDA.gov, contains information on device safety warnings, complaints and recalls, which are all accessible by searching the name of the device. Also look for patient forums and other information about the device by searching online.
     
  3. Write down the details: Ask for the brand name, model and serial number (if applicable) of your device so that if you learn of a warning or safety recall, you’ll know whether yours is one of the problem models.
     
  4. Don’t panic: If you learn there are problems with your device, don’t assume that it has to be removed. Contact your doctor and learn to recognize possible negative side effects in your case.

This article appeared in our April 2015 "You Should Know" e-newsletter.

​

Crabtree, Carpenter & Connolly Announce Recognitions

Crabtree, Carpenter & Connolly is pleased to announce several recognitions for their professional accomplishments and achievements.

The firm received a Tier 1 ranking in Personal Injury Litigation – Plaintiffs in the 2015 Edition of U.S. News – Best Lawyers “Best Law Firms.”  Rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

Firm partner Guy W. Crabtree has been selected to be included in both Best Lawyers in America and Super Lawyers in 2015.  Mr. Crabtree has been included in Best Lawyers each year since 2005, and in Super Lawyers each year since 2009.

Tracy Lischer, of Counsel, has been selected in Super Lawyers in 2015, and has been included each year since 2009.

Best Lawyers is the oldest and most respected attorney ranking service in the world. For more than 30 years, Best Lawyers has assisted those in need of legal services to identify the attorneys best qualified to represent them in distant jurisdictions or unfamiliar specialties. The Best Lawyers in America list recognizes the very best lawyers in each practice area and metropolitan region in the country.

Lawyers who are chosen as a Super Lawyer undergo a rigorous four-step evaluation and selection process. This multi-step evaluation process incorporates peer recognition and professional achievement. The Super Lawyers selection committee employs a system of nomination, peer evaluation, and internal research to select those attorneys who are included in this prestigious listing.

Guy Crabtree, Speaker at Durham County Bar Association CLE Event

Guy Crabtree, partner with Crabtree, Carpenter & Connolly, PLLC law firm, was a speaker at the Durham County Bar Association Continuing Legal Education event on February 5 at the Hope Valley Country Club in Durham.  Guy spoke to a group of approximately 150 local attorneys.

Mr. Crabtree’s presentation, The Investigation and Preparation of a Wrongful Death Case, explained how to properly investigate and prepare a wrongful death case. He discussed how new laws recently passed by the Legislature regarding damages have affected these cases.  During his talk Mr. Crabtree shared his experience and knowledge gained over 30 years of handling these types of cases.

His one-hour presentation outlined the three parts of a good case, and showed the attorneys in attendance how to maximize recoveries for their clients.  In closing, Mr. Crabtree pointed out to the audience that the pursuit of a law suit is justice, and while a consequence of the suit may be money, the pursuit is justice; and to get full justice an attorney who handles wrongful death cases must be creative, imaginative, and willing to work hard for his or her clients.