Jon Groth's Wisconsin Personal Injury Weblog

Don’t Text and Drive – Also, Don’t Try to Jam Other Cell Phone Users June 4, 2014

You may know that it is illegal to text and drive in the State of Wisconsin – if you didn’t, now you do.  Texting and driving is a primary offense for which a police officer can stop you – meaning that it alone can cause you to be pulled over.  The police officer does not have to witness any other criminal behavior to pull you over.  Texting and driving is illegal in forty-three States, D.C., Guam, Puerto Rico, and the U.S. Virgin Islands.

Worse yet, texting and driving can cause you to get into an accident or suffer an injury in an accident.  It suffices to say that you should not text and drive because it could hurt your driving record, and it could cause you to get into an accident.  If you have been the victim of someone who was texting and driving, then this could help establish a case for negligence against the at-fault driver.

Here is what you should not do.  Recently, a Florida man took it upon himself to stop those who are texting and driving by installing a cell phone jammer in his vehicle and jamming texts and calls of nearby drivers.  While this man’s aim to stop texting and driving could be laudable, this is also not the appropriate behavior.  Telecommunications are regulated by the Federal Communications Commissions (FCC), and the FCC determined a violation of applicable Federal Law.  Consequently, this cell-phone-jamming vigilante is being fined $48,000.  The rogue cell phone jammer could have jammed signals pertaining to a 911 call or other emergency.

The take home is that you should not text and drive, and you should not try to jam others texting and driving.  If you have been the victim of someone texting and driving, you could have a valid claim and should contact an attorney to determine what actions should be taken.

Cat Saves Boy from Dog Attack June 2, 2014

The headline sounds too good to be true, but you can watch the incident here (warning: video may not be for the faint of heart, as it depicts a four-year-old being bitten by a dog, and a cat chasing the dog away).  This incident took place in Bakersfield, California.  The labrador/chow mix dog had escaped from the neighbor’s house and bit the four-year-old with mild autism in the leg while he was riding his bike.  Thankfully, while the boy was being dragged by the dog, Tara the cat came in to save the day and prevent further injury.  The boy was treated for the injury with several stitches and recovered from the incident.

In Wisconsin, the legislature enacted a statute to impose liability on the owner of a dog that injures another person.  Wisconsin Statute 174.02 provides that when a dog injures a person, the owner of the dog is liable for the injury caused by the dog.  If the dog has injured another person in the past and the owner knows of this injury, the owner of the dog is liable for double damages to the injured party.  Also, if the dog has exhibited this pattern of aggression and injury, then a court can order a dog be euthanized.

In short, in Wisconsin, if you or a loved one are injured by a dog, you have a claim against the owner, and if the dog has injured someone or something else, then you have a claim for twice the amount of damage the dog caused.  You should contact a lawyer to evaluate your claim.