Harry Stump, Esq.

Blog

  • NATIONAL PIT BULL AWARENESS DAY—OCTOBER 27, 2019

     

    The pit bull type dog has its fans and its critics.  The website, Pitbullinfo.org., is very supportive of the breed.  The website, Dogsbite.org., is very critical of the breed.

    The pit bull includes the American Pit Bull Terrier, American Staffordshire Terrier, Staffordshire Bull Terrier and the American Bully. Some also include the American Bulldog in this category.  It may also include any mixed breed dog that is a combination of these dogs.

    The November 2015 edition of The Veterinary Journal casts doubt on the ability to identify the breed of dogs based on appearance alone.  Animal shelter personnel missed one in five dogs genetically confirmed as pit bull type dogs.  They identified one in three dogs without pit bull DNA as pit bulls.  The article states that nearly one-half of the 70 million dogs in the United States are mixed breed dogs.

    The Dogsbite.org website states that the pit bull can inflict acute damage because of its “hold and shake” bite style, attack of the deep muscles and reluctance to stop the attack.  This website contains numerous reports of deadly pit bull attacks.

    The October 2017 edition of the Plastic and Reconstructive Surgery—Global Open Journal article, by Kaveh, M.D., et.al., contained a retrospective of pediatric patient dog bites.  The article concluded that, among the breeds that could be identified, pit bulls accounted for significant injuries and their bites were five times more likely to require operative repair than other breeds.  The pit bull bites caused more facial injuries requiring plastic surgeon reconstructive repairs.

    The Pitbullinfo.org website has a different view of the pit bull breed.  The website states that pit bull-type dogs “…make outstanding canine citizens and are loving companions in millions of U.S. households.”  The website estimates that pit bull-type dogs now comprise approximately 20% of the U.S. dog population or fourteen million.   The website states that there are over twenty different breeds and mixes that can be misidentified as a pit bull, some of which are the Bullmastiff, Dogo Argentino, American Bulldog and Cane Corso.

    The point of this Blog is to be aware of the pit bull type breed and its possibilities.  Many people love the breed and most of them are probably loveable pets.  One thing The Plastic Surgery Journal article noted was that approximately half of the dog bite cases result from household pet dogs with children, ages 9 to 12 years, being the most common victim.

    Be aware.  Be careful.  Avoid trouble. Any dog can bite.

  • HOW TO AVOID LIMITED TORT

    Having Full Tort is best because Limited Tort may limit your right to collect pain and suffering damages.  But having Limited Tort on your insurance policy papers does not necessarily mean that you do not have a good case.  Some, but not all, of the exceptions that might help you are as follows:

    • Can your insurance company prove you chose Limited Tort?
    • Was the other driver convicted or on ARD for driving under the influence?
    • Did the other car have out-of-state plates?
    • Did you occupy a business, leased, rental or governmental vehicle?
    • Did you occupy a vehicle used as a public conveyance or bus?
    • Did you suffer a serious injury?
    • Did you suffer a loss of a bodily function, temporary or permanent?
    • Did you suffer a loss of wages?
    • Are you unable to return to your employment?
    • Do you have large medical bills?
    • Did Medicare, Medicaid, the VA or Workers’ Compensation pay your bills?
    • Did you occupy a heavy vehicle weighing more than 9,000 pounds?
    • Did you occupy public transportation, cab, Uber or Lyft type vehicle?
    • Did you occupy a recreation vehicle for off road use?
    • Did you occupy a vehicle insured by a garage, auto sales, repair shop, or other such business?
    • Did you occupy a bicycle?
    • Were you a pedestrian?

    Some of the other exceptions are when the accident is caused by a design or manufacturing defect, a service or maintenance repair mistake, an intentional or uninsured driver.

    You are Limited Tort if you selected it or own a currently registered private passenger motor vehicle without having automobile insurance.

    You are Full Tort if you are not the owner of a currently registered private passenger motor vehicle and not a named insured under any private passenger motor vehicle or insured as a resident relative (spouse, relative, or minor) of a named insured with Limited Tort

    It is always better to check your automobile insurance policy before an accident.  Your choices of Limited Tort, low medical benefits, low uninsured or under-insured motorist benefits, rejection of stacking, rejection of wage loss protection affect not only yourself, but a spouse and all relatives, including minor children, who reside in the household of the named insured.  This Blog is not intended to take the place of legal advice for any specific legal issue.  It is intended to be educational and illustrative of a Pennsylvania legal concept.  As always, it is best to consult a lawyer who regularly practices in this area for legal advice

  • ACCIDENT RELATED SUBROGATION- HOW TO MINIMIZE IT

    In Pennsylvania, accident related medical bills, other than car accidents covered by first party benefits, will be paid by your own health insurance.  If you have Medicare, Medicaid, Workers’ Compensation, Veterans Administration benefits, an HMO or any other private health insurance plan, there will almost always be subrogation claims in the event of a settlement.  Non-ERISA health plans may be barred from subrogation in Pennsylvania car accident cases.

    There are a number of legal and medical issues that can be raised in order to try to reduce the subrogation lien.   The legal issues require the collection and review of the underlying documents of the client’s health care plan.  Health care plans differ in the language they use and it must be determined if they are legally entitled to claim what they have claimed.

    A recent legal issue involved the collection of Heart & Lung Act benefits in motor vehicle accidents.  This office filed a Declaratory Judgment action that went to the Pennsylvania Supreme Court which ruled that Heart and Lung Act benefits were not subject to subrogation in car accidents.

    The medical issues require research of the client’s medical history.  Not every medical bill is related to the accident in question.

    Producing evidence of hardship on the part of the client may serve to reduce or even eliminate a substantial subrogation claim.

    In many cases, this office has secured substantial reductions or waivers of subrogation claims for the benefit of the client.

  • WHY YOU NEED UNDERINSURED MOTORIST COVERAGE

    If you are in a serious car accident and cannot work for a long period of time, Uninsured Motorist Coverage protects your family against the driver who may have low limits of liability insurance coverage.  Pennsylvania law only requires that a driver have $15,000- $30,000 in liability insurance coverage.  The $15,000 pays for injuries to one person, while the $30,000 represents the total available for one accident.  These minimum limits have not been raised since before 1980.

    If you are injured in a car accident and cannot work, you will need money to pay your rent, mortgage, car payment, utilities, food, etc.  Never agree to a rejection or reduction of Underinsured Motorist Coverage.  Buy as much of this coverage as you can afford.

    Would you carry only $15,000 worth of fire insurance on your $100,000 home?  A person earning $30,000 a year who cannot work for the next 10 years because of a car accident would need $300,000 in available coverage.

    One of the parties in the accident must have enough liability insurance to cover your losses.

    You can hope that the other driver has a large liability policy.  Or you can protect your family and yourself by purchasing adequate uninsured motorist coverage.

  • PARKING LOT ACCIDENTS

    Be careful when you walk through a parking lot.  The National Safety Council reports that 60,000 persons are injured and 500 or more die from the 50,000 plus crashes that occur in parking lots and garages each year.  It is estimated that one out of every five car accidents occurs in parking lots.

    Pedestrians, and especially small children, are at especial risk from cars backing out of parking spaces and distracted drivers.  Blind zones can be created by large vehicles or trucks parked next to a backing out vehicle may block a driver’s vision for persons walking behind their car.  Not all motor vehicles are equipped with back-up cameras and small children cannot always be seen in the rear view mirrors.  NHTSA estimates that 22% of children (ages 5-9) killed in traffic accidents were pedestrians and many were victims of backing up vehicles.

    The distracted driver who is texting, making telephone calls, sending emails, watching videos, eating, looking for something in the car interior or grooming is another hazard in a parking lot.

    Parking lots can also cause injuries to pedestrians from broken or uneven pavement, potholes, and accumulated snow and ice.  Not every parking lot owner has a good maintenance program in place.  Stepping into these uneven, deep or slippery surfaces can cause you to lose balance, trip and fall and injure yourself.

    Many injuries suffered in a parking lot result in good personal injury claims,

  • WHY YOU NEED UNINSURED MOTORIST COVERAGE

    Uninsured Motorist Coverage is the insurance bargain that protects your family against the driver who does not have any automobile insurance coverage.  Even though Pennsylvania law requires every automobile to be insured, uninsured drivers may constitute as many as 1/3 of all drivers.  The uninsured driver includes the person who did not pay their insurance premium; who drives a car without the owner’s permission; who drives a stolen car; who uses the car for hire (jitney driver); and the hit and run driver.

    One of the parties in the accident must have enough liability insurance to cover your losses.

    You can hope that the other driver has a large liability policy.  Or you can protect your family and yourself by purchasing adequate uninsured motorist coverage.

    Many insurance policies reject or reduce this coverage and reject stacking.  Never agree to a rejection or reduction of Uninsured Motorist Coverage.  This coverage protects you and your family.  Buy as much of this coverage as you can afford.

  • MOTORCYCLES-PROTECT YOUR FAMILY!

    The National Highway Traffic Safety Administration (NHTSA) reports that of the 4,000 motorcycle crashes in Pennsylvania each year, half are between a motorcycle and another motor vehicle, and approximately 1,300 are not the fault of the motorcycle driver.

    If you are seriously injured in a motorcycle crash that is not your fault, then there is a good chance that you will have large medical bills, a large healthcare lien that must be repaid out of any settlement, lost wages, disability and a loss of quality of life.

    One of the parties in the accident must have enough liability insurance to cover your losses.  Pennsylvania only requires a $15,000 liability policy to cover any one injury.

    You can hope that the other driver has a large liability policy.  Or you can protect your family and yourself by purchasing uninsured and under-insured motorist coverage with stacking.  Recently an experienced insurance adjuster estimated that the average auto liability policy in Pennsylvania is $25,000.  My minimum recommended motor vehicle insurance is at least $100,000 liability, uninsured and under-insured motorist coverage.  Buy more if you can afford it.  Select stacking.  Never reduce your uninsured or under-insured motorist coverage, as these two insurances are designed to protect you.

  • MOTORCYCLE SAFETY

    According to the Centers for Disease Control and Prevention, motorcycle helmets saved an estimate 1,859 lives in 2016.  Helmet use reduces the risk of death by 37% and the risk of head injury by 69%.  PennDot states that one out of every five motorcycle crashes result in head or neck injuries.

    In 2016, states without universal helmet laws, 60% of motorcyclists killed were not wearing helmets compared to 8% in states with universal helmet laws.  Statistics do not lie.  Always wear a helmet when you ride.

  • MOTORCYCLES-MAY IS MOTORCYCLE SAFETY MONTH

    The National Safety Council has designated May as the month to observe motorcycle safety.  There are many causes of motorcycle accidents.  One cause that stands out is that most of the vehicles on the road way are not motorcycles.  That means that the driver of a car, van or truck is not thinking of motorcycles and may not see them.  In other words, that driver is looking for larger motor vehicles with two headlights not a motorcycle.

    The Motorcycle Safety Foundation states that when motorcycles and other vehicles collide, it is usually the non-motorcycle driver who violates the motorcyclists right-of-way.  The motorcycle is small and may be obscured by automobile blind spots such as door pillars, passenger’s heads and other vehicles.

    Some strategies to increase visibility include the automatic-on headlight, use of high beams, headlight modulators, position lamps in their front turn signals, colorful motorcycles, helmets, clothing and additional frontal bodywork or fairings.  The Motorcycle Safety Foundation advises that motorcyclists who are conspicuous are under-represented in car accidents.

    The Foundation found that inconspicuous black, gray, beige, or other neutral clothing, black motorcycles and helmets were over-represented in crashes with other motor vehicles.

  • DOG BITES IN ALLEGHENY COUNTY, PENNSYLVANIA

    Dogs of any breed might bite, but some breeds account for a much larger percentage of dog bites than others.

    The Allegheny County Department of Health tracks reported dog bites.  Dog bites that occurred in Pittsburgh, Pennsylvania are included in these county statistics.  .

    In 2017, the Allegheny County Health Department received reports of 1,330 dog bites.

    Dog bites occurred from the following dog breeds:  Mixed Breed (184 bites or 24%), Pit Bull (160 bites or 21.1%), German Shepherd (60 bites or 7.9%), Labrador Retriever (30 bites or 4%), Boxer (23 bites or 3%), Rottweiler (22 bites or 2.9%), Mastiff (20 bites or 2.8%), Bulldog (20 bites or 2.6%), Husky (20 bites or 2.6%), and Beagle (16 bites or 2.1%) These breeds accounted for the top 10 breed types involved in dog bites in Allegheny County in 201, accounting for 536 of the 1,330 dog bites or approximately 40% of the bites.

    There were 82,716 dogs licensed in Allegheny County in 2017.  Labrador Retrievers make up 12.8% of dogs licensed in Allegheny County, while Mixed Breed is at 12.5%, Pit Bulls at 3.6%. German Shepherds at 4.9%.  The large number of the popular Labrador Retrievers (10,620) registered v. Pit Bull (2,983) registered may account for the Lab’s presence on this chart.

    While any dog can bite, it is best to avoid certain breeds, unless the dog is known to you.  Notably, the Pit Bull represents only 3.6% of the registered dogs but accounted for 21.1% of the dog bites.

    The “mixed breed” designation, which accounted for 24% of all dog bites, is ambiguous.  It would be helpful to know which breeds might compose these “mixed breeds.”