Michael Paul O'Brien’s Answers

Michael Paul O'Brien

New York Litigation Lawyer.

Contributor Level 5
  1. Auto accident with personal injuries.

    Answered almost 6 years ago.

    1. Peter LaSorsa
    2. Michael Paul O'Brien
    3. Howard Robert Roitman
    3 lawyer answers

    Some points to keep in mind: 1. The other car should have the bulk of liability for failure to comply with a traffic control device. However, you may be partially responsible if the other vehicle's attorneys can show you had an opportunity to avoid the accident but did not try to avoid the accident. 2. The other driver's receipt of a ticket does not prove liability in court. There are different burdens of proof and an officer's opinion as to how the accident happened if he did not witness...

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  2. Dog Bite

    Answered almost 6 years ago.

    1. Daniel G. Romano
    2. Mark M. Bello
    3. Michael Paul O'Brien
    3 lawyer answers

    In many jurisdictions, your liability will depend upon the plaintiff's ability to prove your dog's vicious propensity. This means that the plaintiff will not have a case unless they can show that prior to the 12 year old's bite, the dog had previously bit or acted aggressively toward someone else. Ways to prove this can include another person who was bit or almost bit by your dog prior to the 12 year old's bite, or even a note in your dog's veterinary records indicating a behavior problem....

    1 lawyer agreed with this answer