Kirk Bernard

Washington State has a strict liability statute when it comes to dog bites. What this means is that the dog owner is liable – whether or not the dog attack occurs on public or private property, and whether or not the dog owner was aware of the dog’s prior viciousness. According to the Revised Code of Washington Section 16.08.040: “The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.”

However, there are some defenses that a dog owner has in such cases. For example, proof of provocation of the attack by an injured person is a complete defense to an action. Also, if the so-called victim is on the property of the dog owner without the owner’s permission (such as a burglar), that is also solid defense. In all other cases, there is a good chance that the dog owner will be held liable for the injuries caused to the victim. In Washington State, if the owner’s dog aggressively attacks and causes serious injury or death to a person, the owner can be convicted of a class C felony. This felony is punishable by five years in state prison, or a fine of $10,000, or both.

If you or a loved one has been injured in a dog attack, please contact the Seattle personal injury lawyers at The Bernard Law Group. We always offer FREE, comprehensive and confidential consultations for Seattle dog bite victims. Call us at 1-800-418-8282 or e-mail us at info@bernardlawgroup.com. We can also send you our FREE informational brochure about Washington dog bite cases with useful educational information that will help you understand your legal rights and options. Please contact Kirk Bernard and his skilled legal team today.

Whether you work at a construction site or an industrial warehouse, safety at the workplace is key to avoid serious accidents that could leave you disabled or unable to do your job or earn a living. As a Washington injury attorney, Kirk Bernard knows that there are several steps both workers and managers could take to avoid such tragic incidents at the workplace:

1. It is best to avoid dangerous situations that could result in an injury, especially if you work alone. Some examples of activities best avoided include climbing ladders, standing precariously on furniture, using dangerous tools or lifting or loading heavy objects. If you must do these activities, do them when someone else is around so they can get help in case of an accident.
2. Always wear proper safety gear to prevent exposure to chemical and physical dangers including dust, gases, noise and temperature.
3. Make sure you are properly trained before you do anything. Read safety manuals and make sure you take precautions before beginning the activity. You should be informed of all safety procedures. If you are not comfortable doing something, tell your employer about it.
4. Never ignore safety procedures. This is a dangerous practice that can not only expose you but also your co-workers to risk of serious injury. Never have a casual attitude about safety rules or procedures.
5. Maintain the work area properly. Good housekeeping is an integral part of maintaining a safe workplace.

If you or a loved one is a personal injury victim in Seattle, please contact an experienced Seattle personal injury attorney with The Bernard Law Group at 1-800-418-8282 or info@bernardlawgroup.com for a FREE comprehensive and confidential consultation. We can also send you our FREE brochure, which has useful educational information to help you better understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

A number of people imagine motorcycle riders to be daredevils – reckless individuals with a devil-may-care attitude. But if you ride a motorcycle in Washington State or elsewhere in the nation, you know that this is not true. In fact, the National Highway Traffic Safety Administration (NHTSA), in a recent study, states that a number of riders over the age of 60 have taken up riding motorcycles as a hobby. Another study by the Governor’s Highway Safety Association (GHSA) states that motorcycle fatalities in the United States increased in 2006 for the ninth straight year, roughly doubling over the last decade.

As a motorcyclist, you need to make sure that you have taken every possible precaution and safety measure to make sure you do not become a statistic. The most important safety measure you can take is to wear a Department of Transportation-approved helmet. It is important to wear proper clothing and shoes to make sure you are protected in the event of a crash. It is also imperative that you get proper training before you get on the road.

As a Seattle personal injury lawyer, I’ve seen on more than a few occasions that when juries see a safe motorcycle rider, they tend to make a decision in favor of the plaintiff. It tells you that jurors are very logical. They figure that if you’re the kind of rider who has taken all appropriate safety measures, wears a helmet and other safety gear, and resorts to safe motorcycle riding practices, then it’s very possible that your actions did not cause the accident. If you are riding a motorcycle, believe me, it’s worth taking every safety measure you can think of.

If you or a loved one has been seriously injured in a Washington motorcycle accident, please contact the experienced Seattle motorcycle accident lawyers with The Bernard Law Firm for a free and comprehensive consultation. Call us at 1-800-418-8282 or info@bernardlawgroup.com for our FREE informational brochure, which has useful educational information about Washington motorcycle accident cases, which will help you understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Most of us know by now that we are entitled to file a personal injury claim if we are seriously injured as a result of a prescription drug. In addition, qualifying family members of a wrongful death victim may file a wrongful death claim. Large pharmaceutical companies such as Merck have faced a number of lawsuits in recent years over defective drugs that were not properly tested before they were put in the market for serious side effects.

However, it is important to remember that the term “dangerous drug” does not just refer to prescription drugs. A dangerous drug can mean an over-the-counter medication or even a natural herbal supplement. Recently, several lawsuits have been filed over Zicam nasal gels, which are basically over-the-counter cold medications. Hundreds of people across the nation reported that they lost their sense of smell and/or taste after using these cold medications. In such cases, drug companies even fail to disclose the risks of the drugs or serious side effects, which could have helped consumers make an informed choice.

As a consumer injured by a dangerous drug, you may be eligible to receive several types of damages. First, you may be able to get the liable party to pay medical bills to cover any injuries you sustained as a result of taking a dangerous drug. You may also qualify for lost wages, pain and suffering, and various other types of damages depending on the specifics of your case.

If you have been injured by a defective drug in Seattle or Washington State, please contact an experienced Seattle personal injury attorney with The Bernard Law Group at 1-800-418-8282 or info@bernardlawgroup.com for a FREE comprehensive and confidential consultation. We can also send you our FREE informational brochure, which has useful educational information to help you better understand your legal rights and options. Get in touch with Kirk Bernard and his knowledgeable legal team today.

E. coli is a common type of bacteria that can get into food, like beef and vegetables. E. coli is short for the medical term Escherichia coli. E. coli normally lives inside your intestines, where it helps your body break down and digest the food you eat. Unfortunately, certain types or strains of E. coli can get from the intestines into the blood. This is a rare illness, but it can cause a very serious infection. The most common symptoms of E. coli are painful stomach cramps or stomach ache, vomiting and diarrhea, sometimes bloody.

E. coli infection can be passed from person to person but serious E. coli infection is linked to food containing the bacteria. Some of the foods that can cause E. coli poisoning include undercooked ground beef (mostly used for hamburgers); vegetables grown in cow manure or washed in contaminated water; and fruit juice that is not pasteurized. Here are some steps that you can take to identify the symptoms of E. coli infection before they get serious or prevent them altogether:

1. A number of troubling symptoms may surface including abdominal pain or cramps, diarrhea with blood, fever and nausea.
2. Most people recover fully from E. coli infection. However, there are also some potentially serious complications. Pregnant women who drink contaminated water put their fetus at risk of developing neonatal meningitis. A small percentage of people will also develop hemolytic uremic syndrome or HUS. This can result in a loss of kidney function, which is obviously quite serious, and some people have died after developing this serious complication.
3. When you eat out, please remember that undercooked ground beef is one of the most common causes of E. coli infections. Heating the meat to an internal temperature of 160 degrees Fahrenheit is absolutely essential. If you are served a burger at a restaurant that is still undercooked or pink in the middle, send it back.
4. It is also important to remain vigilant at home. Wash fruits and vegetables particularly leafy greens that are consumed raw. Wash kitchen surfaces that are exposed to raw meat in order to prevent cross contamination of food.
5. If you have E. coli poisoning or suspect it, see a doctor immediately. With proper treatment, most people make a full recovery, and permanent damage is rare.

If you believe that another person’s negligence contributed to you suffering serious E. coli contamination symptoms, or if a food product was contaminated while being manufactured, you may be able to file a claim. If you or a loved one is a personal injury victim in Washington, please contact the experienced Seattle personal injury attorneys with The Bernard Law Group at 1-800-418-8282 or info@bernardlawgroup.com for a FREE comprehensive and confidential consultation. We can also send you our FREE brochure, which has useful educational information to help you better understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Anyone who has just been bitten by a dog is obviously in pain. As a Washington dog bite victim, there are certain important actions you need to take immediately after being bitten by a dog. Here are some tips you may find helpful:

1. Identify the animal that bit you. If possible, identify the dog’s owner.
2. Get medical attention. If you have suffered deep bite marks, insist on seeing a plastic surgeon. Be sure to follow the physician’s directions and take the medications you are supposed to take. Also, be diligent about follow-up treatment for your injuries.
3. Once you identify the dog’s owner, get all possible information including the name of his or her insurance company, contact information, claim number and name of the insured.
4. Do not discuss the value of your claim with anyone other than your Seattle personal injury lawyer.
5. Do not give any verbal or written statements to anyone.
6. Do not allow yourself to be tape-recorded, video-taped or photographed by the dog owner’s insurance company or attorneys for the other side.
7. Do not say anything about whose fault the dog attack was, even if you believe you may have provoked the dog.
8. Get the name, address and contact information (phone, e-mail) of anyone who may have helped you at the scene or witnesses who saw the dog attack occur.
9. Take photos of your wounds – bite marks, puncture wounds or bruises.
10. Contact an experienced Washington dog bite attorney, who will advise you about your legal rights and options. You need someone who will get working right away to help you obtain fair compensation to cover your medical expenses, loss of earnings, cost of cosmetic surgery and other damages you may have incurred.

If you or a loved one has been injured in a Washington dog attack, please contact the experienced Washington personal injury attorneys with The Bernard Law Group at 1-800-418-8282 or info@bernardlawgroup.com for a FREE comprehensive and confidential consultation. We can also send you our FREE brochure, which has useful educational information to help you better understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

I’ve been advising many of my clients recently to stop being active on social networking sites including Facebook, MySpace and Twitter when their case is in progress or claim is pending. Why? Because, when you’re actively involved in any one of these sites, you are being watched. You are being closely observed not only by your “Facebook friends” or “Twitter followers,” but also by others who may not necessarily be your friends such as insurance adjusters. You may be sharing your vacation pictures, thoughts on issues and other information with people who may not have your best interests at heart.

For decades, insurance adjusters have used questionable means to find out damaging evidence about plaintiffs so they can save their employer – the insurance company – some money. It is important to understand that insurance companies will go to any lengths to reduce the value of your claim and save themselves some money, including eavesdropping on your Facebook or MySpace page. Many people don’t know or don’t even realize that their Facebook account will allow people who live in their region to view the page. That’s how the default privacy settings work on a Facebook account. The people in your region can view everything that’s on your page even if they are not technically “your friends.”

Now, there have been cases that have been blown because of discrepancies in what they claimed and the hard evidence that could be seen by way of photographs and videos on their Facebook pages. For example, if you claim to have suffered a back injury in an accident that prevents you from going to work, but post pictures of you skiing or doing a slam-dunk on the basketball court, that’s going to be harmful to your case. Needless to say, it’s a bad idea to lie to your attorney or anyone for that matter, about your injuries. That said, there have also been many cases where insurance adjusters have manipulated the information they found on these Web sites to their own benefit – to use it as an argument to reduce the value of the claim.

My advice as a Seattle personal injury lawyer who has represented injured clients for 25 years is: Don’t go there. If you have filed a personal injury claim, shut down your account until your claim has been favorably settled. You will have to live with that settlement for the rest of your life. So, please do not do anything that will jeopardize or adversely affect your Seattle personal injury case.

If you or a loved one is a personal injury victim in Seattle, please contact the experienced Washington personal injury attorneys with The Bernard Law Group at 1-800-418-8282 or info@bernardlawgroup.com for a FREE comprehensive and confidential consultation. We can also send you our FREE brochure, which has useful educational information to help you better understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

If you are a vehicle passenger who has been injured in a car accident caused by a negligent driver, you can seek compensation to cover medical expenses, lost wages, loss of future income, pain and suffering, physical therapy and other related damages. Of course, each case is unique and what you can seek as compensation will depend on the details of each individual case.

You may also seek compensation if you were injured and the driver of the vehicle you were traveling in was at fault or was negligent. For example, if the driver you were traveling with was operating the vehicle under the influence, speeding, or driving recklessly, then you may seek compensation for injuries suffered and expenses incurred. You will likely qualify for the same damages as you would if you were struck by another at-fault driver.

Whoever is at fault for your injuries – whether it’s a driver you know or don’t know – please remember that your priority should be to protect yourself. If you are an injured passenger, you need to take the necessary steps to make sure that you receive the compensation you rightfully deserve. The first step is to make sure you get checked by a medical professional and that all your injuries are accurately documented. Next, you must remember never to talk to insurance adjusters or sign any papers or agreements. Do not take any important steps or decisions in your auto accident case before consulting an experienced and skilled Seattle personal injury lawyer, who will put your welfare and your interests first.

If you or a loved one has been seriously injured by a negligent driver, please contact the experienced Washington auto accident attorneys with The Bernard Law Group for a free and comprehensive consultation. Call us at 1-800-418-8282 or e-mail us at info@bernardlawgroup.com for a FREE consultation. We can also send you our FREE informational brochure about auto accidents with useful educational information that will help you understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Over the last two years or so, a number of toys have been recalled for excessive amounts of lead paint or because they pose laceration, fall or choking hazards. However, you’d be surprised that a lot of these toys still sit on shelves where you are likely Christmas shopping, as we speak! As parents, it is extremely important that we remain vigilant during the holiday shopping season. Dangerous and defective toys may still be found at second-hand stores and at retail outlets. That said, these are not the only toys that endanger your child’s well-being. As a skilled personal injury attorney, Kirk Bernard knows that other toys that are normally considered “safe” can still pose dangers to young children, especially when they are not age-appropriate.

According to the U.S. Consumer Product Safety Commission, in 2008, 235,000 injuries involving toys were treated at emergency departments in the United States. During the same year, 19 children younger than age 15 died in toy-related incidents. A majority of these incidents involved cuts, contusions, facial and head injuries. Here are some useful tips to help prevent such injuries – major or minor – not only this holiday season, but year-round:

Please read the manufacturer’s instructions and warnings. If a toy warns about “serious injuries” or has too many warnings, just stay away from that toy. It’s not worth it.

Do not give children under 8 years of age toys that have sharp edges, have batteries that can be swallowed or have heating elements that can cause burn injuries.

If you have small children, please do not buy toys with small parts that can be swallowed and cause choking hazards. If necessary, twist and pull small parts to see if they come off. Some small parts are simply not properly attached the way they should be.

After you open a toy, immediately dispose of the plastic wrappings, which can cause suffocation or choking.

If your child is younger than 8, please do not give him or her toys that contain small magnets. These can come off and be ingested by young children and could even be fatal. These tiny magnets are extremely dangerous because you can’t even tell from the symptoms that your child has suffered a fatal injury.

Beware of bright-colored toys! They may look shiny and attractive, but those qualities may come from excessive lead paint. In 2009 alone, CPSC ordered the removal of 14 types of toys due to high lead counts. Ingesting lead could lead to cognitive issues and even brain damage in children.

If you or a loved one has been injured as a result of a defective product or a defective toy, please contact the experienced Seattle personal injury attorneys at The Bernard Law Group at 1-800-418-8282 or info@bernardlawgroup.com for a FREE comprehensive and confidential consultation and case evaluation. We can also send you our FREE informational brochure, which has useful educational information about defective product cases that will help you understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.

Source:http://www.consumeraffairs.com/news04/2009/12/dangerous_toys.html

If you have been involved in a car accident, truck accident or any vehicle accident, one of the most important pieces of evidence in your case is the vehicle itself. It is critical that the vehicle be preserved in its crashed state – unaltered – should the injured victims or their families decide to pursue a personal injury claim. Why is this important? Because, in a car accident case, an accident reconstruction expert will need to examine and measure the crashed vehicles to determine various facts such as the speed at which the vehicle was traveling.

If an auto product defect caused the accident or if a product failure resulted in serious injuries, then the expert will investigate whether the vehicle performed or failed to properly perform in protecting the driver or the passenger. This could mean seatbelt defects, seatback failure, tire defects, engine defects, roof crush, airbag defects or other design defects that may have caused the vehicle to become unstable and crash. In such cases, if you lost the vehicle, you lose the case and the compensation that you were otherwise entitled to receive.

Preserving such evidence is not a complicated task, but it must be done quickly and in a timely manner in order to make sure that the evidence is not lost or destroyed. For instance, in an auto accident, the vehicles must be preserved. An experienced and knowledgeable Seattle personal injury lawyer can do this on your behalf by tracking down the vehicles and sending appropriate letters to whoever has possession of these vehicles – be it the police department or a tow yard.

But quick action is crucial. Insurance companies and tow yard will often move very quickly to clear out these wrecked vehicles from their inventory and send it out to be crushed for scrap metal. Often times, you may need to pay salvage value for the vehicle or pay storage fees. But, any lawyer worth his salt will tell you that it is absolutely worth paying those fees because the evidence must be preserved. It would also be in the best interest of victims or their families to take possession of the vehicle and store it in a secured, covered facility where it will not tampered with or exposed to the elements.

If you or a loved one has been injured in a car accident, please contact the experienced Washington auto accident lawyers at The Bernard Law Group for a FREE and comprehensive consultation. Please call us at 1-800-418-8282 or e-mail us at info@bernardlawgroup.com. We can also send you our FREE informational brochure about Washington car accident cases, which has useful educational information that will help you understand your legal rights and options. Get in touch with Kirk Bernard and his skilled legal team today.