by Bill Eiland | Sep 25, 2024 | LawCall Q&A
Question: My son was riding his bike through a field when a bull attacked him. He wasn’t seriously hurt, but it sure scared him. Can we sue the bull owner?
BILL: We don’t know a lot here, but let me take this one piece at a time.
Did your son have permission to be on the land? Did he know the bull was there? Did he provoke the bull matador style – you know, “ole” and all?
It also matters how old your son is … the laws in Alabama are a bit different for a young child and an adult.
First, if it was an organized ride like a race, you can sue the event organizers for payment for your damages. If they had you sign a waiver, I would not be too concerned about that. I have fought and won cases against those here in Mobile. But I have to say, who would have a race where a bull was grazing around?
Now, let’s look at who owns the bull and why it was out. Consider whether the bull escaped and whether it has attacked people before.
O.K., I have never had an attacking bull case. But I have had several instances here in Mobile County and Baldwin County where cows have come on the road. Also, horses are also known to get away and walk about.
Tragically, I had a death case where a horse came in off a snowy road, and my client died. In this type of case, the law is very protective of the property owner, and unless you can prove that, say, a gate was left unrepaired, which people had complained about for a long time, you have a hard case to win.
Generally, nothing can be legally done if a horse (or any animal) jumps over a fence and gets out – especially if it is a one-time incident.
In a case like your son’s, I would just be glad he was not seriously hurt. But it would be wise to sit down with an attorney and find out your rights. Personal injury lawyers almost always will give a free initial consultation.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free.
NBC 15 LawCall, our Sunday night legal information TV show, is on hiatus during football season, but we will see you after the first of the year.
by Bill Eiland | Sep 17, 2024 | LawCall Q&A
Question: We called the ambulance service, and instead of helping me, they made my injury worse. They used a stretcher that flipped over. Now my back is hurt with 3 ruptured discs.
BILL: This is one heck of a case. I mean, there are no ifs, ands, or buts about it.
From what you said, the ambulance service is obviously negligent. As a result, you are entitled to compensation for your medical bills, your pain and suffering, your future medical bills, and your future pain and suffering. Yes, you seem to have a heck of a case.
Here is my first piece of advice: Don’t speak to the ambulance company or their insurance company. But do talk to a lawyer. Now, I am not the guy who thinks you have to run to a lawyer with every little thing, but this is a serious case.
In reality, you may have many different law firms fighting for your attention. But you need to find a trustworthy firm and talk with them. That conversation is usually free.
Do it immediately. There is nothing gained by waiting and a lot to lose. You will be surprised how quickly evidence can disappear, and witnesses forget exactly what happened.
Focus on the big picture. You need to get better and not waste time dealing with the ambulance company or their insurance group. By the way, they will try to give you as little money as possible, and you need someone to fight them full-time.
From my years of experience, the usual pattern is for them to say, “We are so sorry and want to make things right. We will try to get you some money immediately because you need it.” The companies will come to your house … and even to the hospital … and try to get you to sign your rights away. Remember, once you accept an offer, that is it … forever. You will never get one more dime.
Yes, it might look like a big, nice, fancy check and, at first, a lot of money. But your case might be worth 100 times that.
The law can be tricky depending on who owns the ambulance company. Governments have some exemptions that private companies do not. As I said, talk to a lawyer. You do not want to mess this up.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free.
NBC 15 LawCall, our Sunday night legal information TV show, is on hiatus during football season, but we will see you after the first of the year.
by Bill Eiland | Sep 6, 2024 | LawCall Q&A
Question: I was a passenger in my friend’s car, and we had a wreck. I felt OK at the time, but now I am having back problems. My doctor says it may be from the wreck. Does my friend have to pay my medical bills?
BILL: Does your friend have to pay? Well, no, and I mean no, like really, NO. Unfortunately for you, Alabama is one of the few states with protection for the driver if they are giving you a free ride. It is called the Guest Passenger Statute.
Let’s say you are in the car with Andrea (note: host of LawCall) going off to get a cup of coffee. She starts playing with the radio and hits a telephone pole. There are no other cars involved. So, she is clearly at fault.
I cannot make a claim against her because of the Guest Passenger Statute. The judge would throw this out before I got down the courthouse steps. Now, up until 2001, I could go against your own uninsured motorist coverage, but unfortunately, our Supreme Court changed that.
Now, your friend could voluntarily offer to pay your medical bills. How good a friend is this person? OK, that is iffy, but it wouldn’t hurt to ask.
One other thing that you said. You mentioned that the doctor commented that your pain might be related to the wreck. “Might be” doesn’t help. To collect anything, the doctor must state to a reasonable degree of medical certainty and in their professional opinion that your injury is related to the wreck.
Now, it is worth talking to a lawyer especially if there is some kind of bad behavior – like drinking, or drugs, or speeding. I have 2 recent cases where I got around the Guest Passenger Statute because, in one case, the driver was drinking, and in the other case, the driver was going 75 in a 20 mph zone.
Another way to get around the Guest Passenger Statute is to pay for the ride. If you say, “Here is 20 bucks; take me to wherever, ” you are now a paying customer, not a guest. By the way, this doesn’t work if you just kick in some gas money.
These are difficult cases, but it costs you nothing (most personal injury lawyers will give you a free case review) to learn your options.
CALL BILL
Injured? You can call Bill directly at 251-255-5000. He will talk to you for free.
NBC 15 LawCall, our Sunday night legal information TV show, is on hiatus during football season, but we will see you after the first of the year.
