jump to navigation

Distracted Drivers February 12, 2009

Posted by Attorney Jonathan Groth in Personal Injury Law, Wisconsin Auto Accidents.
Tags: , , , , ,
add a comment

I’ve emailed comments on a couple list serves about my opinion on what set of facts would allow punitive damages in Wisconsin.  In Wisconsin, the standard is set forth in the Strenke decision.

The majority opined:

In response to the issues presented, we conclude that
a person acts in an intentional disregard of the rights of the
plaintiff if the person acts with a purpose to disregard the
plaintiff’s rights, or is aware that his or her acts are substantially certain to result in the plaintiff’s rights being disregarded. Furthermore, we determine that a defendant’s conduct giving rise to punitive damages need not be directed at the specific plaintiff seeking punitive damages in order to recover under the statute.

I’ve been thinking about this language as it applies to drivers on cell phones.  The National Safety Council has a few studies about cell phone ban laws across America.  According to nsc.org:

Driver inattention is a leading cause of traffic crashes, responsible for about 80 percent of all collisions, according to the National Highway Traffic Safety Administration (NHTSA).

Check out the link and especially the videos of the drivers who are on their cell phones.   I argue that each one of those drivers were very aware of the risks of driving while on a cell phone  (this applies to driving while texting too).  If they were aware of the risk doesn’t it follow that the punitive damages law would apply to their actions?

Is that a bad thing?  Punitive damages are meant, in part, to prevent individuals and corporations from acting in a manner that will cause harm to others.  So, don’t drive while on your cell phone, or buy a bluetooth headset.

  I’d like to know your thoughts.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and Germantown.

If you’d like to submit a question or case please complete a case submission form.

What Your Case Might Look Like? February 10, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law, Wisconsin Auto Accidents.
Tags: , , ,
add a comment

For those of you who have not been through a civil jury trial I recommend checking out Miller and Zois, LLC’s links to an entire auto accident jury trial.

According to Miller and Zois, LLC the facts are:

The case deals solely with the question of who was negligent in the car accident. The plaintiff alleged that a tanker-trailer carrying fuel oil cut him off in traffic, causing him to swerve into the adjacent lane, where he was struck from the rear by another vehicle.  He filed suit against the owner of the tanker truck and the driver of the vehicle that struck him from the rear.  The defendants claimed that plaintiff was responsible for the car accident. The case was tried on the issue of liability only, pursuant to a stipulated verdict agreement.

It’s a great thing to read if for no other reason than to get a feel for what happens.  Now it isn’t exactly what will happen in Wisconsin but it’s close enough.  Also, because damages are stipulated, the length of the trial is a little shorter than “normal.”

Anyway, if you are an injured victim and considering whether to hire an attorney read the transcript and bring those questions to your attorney.  Like I’ve said in earlier posts I really appreciate it when client’s come with questions about the civil litigation process.

In my experience the more a client is “in the know” the happier the client (and lawyer).

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, West Allis, Sheboygan,  Plymouth,  and Germantown.

If you’d like to submit a question or case please complete a case submission form.

Chippewa Falls Dog Attack February 9, 2009

Posted by Attorney Jonathan Groth in Dog Attack Information, Personal Injury Law.
Tags: , ,
2 comments

According to reports a 68 year old woman was attacked by a pack of dogs near her home.  From the report it appears that the dogs acted with a pack mentality.  The four dogs attacked her as she walked along the road.  They then dragged her into a ditch.  She is in critical condition after surgery.

The dogs were a mix of the Labrador and German Shepherd breeds.

This is a good time to review Wisconsin’s dog bite law.   I’ve linked to and posted Wisconsin’s Dog Bite Law (Sec. 174 Wis. Stats.)

When a dog causes injury to a person for the first time (”without notice”):

“the owner of a dog is liable for the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property.”

When a dog owner knows that a dog has caused injury in the past and the dog causes injury again (”after notice”):

“the owner of a dog is liable for 2 times the full amount of damages caused by the dog injuring or causing injury to a person, domestic animal or property if the owner was notified or knew that the dog previously injured or caused injury to a person, domestic animal or property.”

If you have questions about the Dog Bite Law in Wisconsin feel free to contact me at 800-950-9882.  I’d be happy to discuss your situation.

www.jonpgroth.com

 Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Cascade, Lomira, Janesville and Wauwatosa.

Worker’s Compensation in IL February 3, 2009

Posted by Attorney Jonathan Groth in FAQ Personal Injury, Personal Injury Law.
Tags: ,
add a comment

I receive a bunch of worker’s compensation questions.  I don’t handle 1st party worker’s compensation cases.  I do handle 3rd party claims.  

For example, if you are injured at work after falling over a couple cords that a co-worker left on the ground – that is a 1st party claim.  If you are injured at work because a worker from a entirely different company dropped a hammer on your arm – that is a 3rd party claim.   (I actually handled a claim similar to the case…my client was lucky the hammer didn’t hit him in the head). 

Anyway, there are a bunch of sites out there with good info about the worker’s compensation law.  I’m lucky to have some good friends in Illinois who update me on their worker’s compensation law.  

Today I found a blog that discusses Illinois’ workers compensation laws. 

Check it out here.

Snowmobile Safety January 9, 2009

Posted by Attorney Jonathan Groth in Personal Injury Law.
Tags: ,
add a comment

BRP U.S. Inc. recalled some Ski-Doo snowmobiles last year.  Now that we have a bunch of snow in Wisconsin it is time to check your snowmobile (or as Governor Sarah Palin says “Snow Machine”).

Ski-Doo is imported from Finland by the BRP U.S. Inc. company in Sturtevant, Wisconsin.  The Consumer Product Safety Commission has the information and pictures on their website.  The hazard is:

Friction between the fuel hose and the cylinder head cover can cause the hose to pierce. This can cause fuel to leak out, posing a fire hazard.

If you are driving snowmobiles this season be sure to stay safe.  The Wisconsin Association of Snowmobile Clubs has a weekly safety tip.  Check them out and drive safe.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.

Click here to submit a Case or Question.

Injury at Work January 8, 2009

Posted by Attorney Jonathan Groth in Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
Tags: , , , ,
add a comment

I was asked recently about a worker’s compensation question.  For full disclosure I handle only workplace injuries against third parties.  For example, if you are driving a work vehicle and involved in a car accident I would help you obtain compensation for pain and suffering, mileage to the doctor, doctors bills, property damage, rental vehicle and lost wages etc. This claim is against the at fault driver, i.e. the third party.

In addition to the claim against the at fault driver the injured person has a claim with workers compensation insurance.  These types of claims are called first party claims.  I don’t handle these.  But, I work with attorneys across Wisconsin who do a great job.

Anyway, the question was whether an employer can force an employee to sign a contract to waive any worker’s compensation benefits.

This is what I found from Wisconsin’s Office of the Commissioner of Insurance:

An employer subject to the Act may not withhold or
collect any money from employees or any other
person, including independent contractors and
subcontractors, to pay for worker’s compensation
insurance. To do so is illegal. Also, no agreement by
an employee waiving rights to compensation is valid.
[s. 102.16 (3) and 102.16 (5), Wis. Stat.]

I hope this answers your question!

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Wauwatosa, West Allis, Sheboygan,  Plymouth,  and Germantown.

If you’d like to submit a question or case please complete a case submission form.

Let’s Get to Zero January 7, 2009

Posted by Attorney Jonathan Groth in Drunk Driving, Motorcycle Collisions, Personal Injury Law, Wisconsin Auto Accidents.
Tags: , , ,
1 comment so far

The State of Wisconsin is running a serious ad blitz on TV and radio.  The ads talk about the number of deaths and serious injuries that occur daily because of car accidents.  In short the ads talk about cell phones, drinking and not paying attention as bad driving habits that we all can work on.  If we can change our habits there won’t be as many injuries and serious car accidents in Wisconsin.

Their website ZeroInWisconsin.gov says:

Some deaths were caused by speeding while others were a result of drunk driving, or not wearing a seat belt. Tragically, these deaths affect many lives and cause great pain to thousands of people throughout the state. Fortunately, you can help change that number.

There is a bunch of statistics on the page too.   I think I’ve already talked about the death totals from car accidents before.

In short, this is a good time to assess your driving habits and make a New Year’s Resolution to drive more responsibly.  It sounds simple but this is good advice:

By staying within the speed limit, being sober behind the wheel, and buckling up, you can do simple things that can turn more than 500 annual deaths into zero.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and Germantown.

If you’d like to submit a question or case please complete a case submission form.

Unsafe Car Parts from China December 22, 2008

Posted by Attorney Jonathan Groth in Personal Injury Law.
Tags: , ,
add a comment

Is there any good news about products coming from China these days?  The New York Times writes about a few serious safety problems found in auto parts manufactured in China:

Child restraints that may come apart in an impact. Fuses that could catch fire when overloaded. Tires susceptible to tread separation.

A consumer safety organization, the Center for Auto Safety, has a whole page dedicated to recent recalls of products made in China.

This next quote really concerns me.  Like many others I tend to believe that some Chinese manufacturers don’t really look to the long term.  They are only concerned about short term profits.

The executive director of the Center for Auto Safety:

said his review convinces him that too many Chinese companies are unfamiliar with — or don’t care about — safety standards in the United States and thus don’t meet them.

Be sure to check out the recent recalls when you get a chance.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Milwaukee, West Bend, New Berlin and Wauwatosa.

Click here to submit a Case or Question.

Update on Crazy Loophole December 21, 2008

Posted by Attorney Jonathan Groth in Personal Injury Law.
Tags: ,
add a comment

I just blogged about this crazy loophole that Great American Insurance Company is trying to use to get out of paying for a number of wrongful deaths.

The Houston Chronicle’s Lisa Falkenberg wrote an opinion piece about this loophole:

Earlier this week, the Houston Chronicle’s Mary Flood reported that the Cincinnati-based insurer asked a federal court judge to help it avoid a potential $25 million liability in a Houston office fire last year that killed three people. Vocational nurse Misty Ann Weaver lit the fire to hide the fact that she hadn’t met a paperwork deadline.

Now Great American officials are trying to hide from responsibility in the deaths, which isn’t as shocking as the legal argument they’re trying to employ.

Families of the fire victims shouldn’t be compensated for their losses since the deaths were caused by smoke inhalation instead of actual flames, the company argued in a federal court brief.

I can see why the insurance company is trying to avoid paying based on this loophole.  They’ll save a ton of money.  Lisa did a little investigation:

And “fire, lightning and debris removal” were the No. 1 causes for homeowners’ insured losses nationwide at nearly 35 percent in 2006, the most recent year for which statistics were available from the New York-based Insurance Information Institute.

For the sake of the family of the victims I hope Great American Insurance doesn’t win.  Talk about adding insult to injury.

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in Fond du lac, West Bend, Kenosha and Wauwatosa.

Click here to submit a Case or Question.

Crazy Loophole December 20, 2008

Posted by Attorney Jonathan Groth in Personal Injury Law.
Tags: ,
1 comment so far

Does this strike anyone else as outrageous? 

 An insurance company has asked a federal judge to dismiss it from several lawsuits arising from a 2007 office fire because smoke that killed occupants should be considered “pollution,” something not covered by its policy. Great American Insurance Company argues that its policy includes specific exclusions for certain types of pollution including smoke, fumes and soot. The insurer potentially faces $25 million in liability from the fire.  Mary Flood, Houston Chronicle  

Jon Groth is a Wisconsin Personal Injury Attorney handling cases throughout Wisconsin and most recently in West Allis, Sheboygan,  Plymouth,  and  Germantown.

If you’d like to submit a question or case please complete a case submission form.