Daniel S. Klein Law Blog

What if I get hit by someone with no insurance?

If you ride a motorcycle, don’t skimp on insurance coverage, especially uninsured and underinsured motorist coverage (“UM/UIM”).  Every biker has heard the old adage that if you ride a bike, you’ve either been hit and laid it down, or are going... Read More

Being attacked or bitten by a dog is a horrific experience no matter how tough you are, or think you are. Victims of such attacks often harbor intense anger and emotional distress that can sometimes last a lifetime. As such, victims often seek more compensation than their tangible injuries account for. They also want to sue anyone and everyone who may have been involved, no matter how remote.

While the liability generally rests with the... Read More

“Mind the Gap”

Dog bites and dog attacks are scary.  Often the emotional scars of the attack go much deeper and are more profound than any bite wound or physical manifestation of injury.  As a result, many dog bite victims are reluctant to seek treatment right away in hope that the emotional scarring will... Read More

What if I get hit by someone with no insurance?

If you ride a motorcycle, don’t skimp on insurance coverage, especially uninsured and underinsured motorist coverage (“UM/UIM”).  Every biker has heard the old adage that if you ride a bike, you’ve either been hit and laid it down, or are going to be hit and lay it down.  How terrible would it be if you get hit, and the person... Read More

San Diego Dog Bites: What if I get attacked at a dog park?

You’ve probably heard the term “assumption of the risk.”  It’s hard to think you would hear that term associated with San Diego dog bite cases, but it often rears its... Read More

DOT Approved Helmets

In California and San Diego CA car accident cases, the defense can use evidence that the injured party (plaintiff) was not wearing a seatbelt to establish that the plaintiff would have been less injured or not injured at all if they had been wearing their seatbelt.  This defense can deal crushing blows to an otherwise solid case, and raise the cost dramatically due to having to hire a biomechanics expert to testify on... Read More

Do You Know Your Dog?  In dog bite cases the question sometimes comes down to how well the owner knew the dog before the attack. The general rule is that the owner of the dog is responsible, but this responsibility can take different forms.  Strict liability is what you want to prove in these cases, but it is applicable only against the owner or keeper of the dog.  To prove strict liability, however, the dog must have had an unusually dangerous nature or tendency, the ow... Read More

Reflective Clothing Saves More than Your Life

If you ride a motorcycle, you’re probably a bit harder than the rest, so to speak.  Bumps and bruises don’t bother you, and blood is the gravy in your T-bone steak.  Nevertheless, you don’t want to die, become dismembered or otherwise deformed because someone cannot see you when you inevitably lay down your bike.  Reflective clothing and... Read More

While the liability generally rests with the dog owners, there may be other options.  If the attack occurred at a business or home of another, there could be some liability.  But, you must be careful in bringing such actions, because unlike the dog’s owner, liability against a third party is not automatic.  In order for 3rd party liability to exist, you must prove that the 3rd party did something negligent that was a substantial factor in causing the attack. ... Read More

San Diego Motorcycle Accident: If you ride a motorcycle, don’t skimp on insurance coverage, especially uninsured and underinsured motorist coverage (“UM/UIM”).  Every biker has heard the old adage that if you ride a bike, you’ve either been hit and laid it down, or are going to be hit and lay it down.  How great will it be if you get hit, and the person that hit you either has no insurance coverage or a minimum policy where the most you can get is $15,000 for yo... Read More