Skip to main content
Edward Cranston Harper

Edward Harper’s Answers

40 total

  • How liable am I for injury my dog makes to another dog if the owner does not leash her dog and I leash mine.

    New neighbor moved into the apartment downstairs. They, did not allow for dogs to meet on neutral territory even though advised to do so. I have dogs for 6 plus months using the back yard on their own. I leash my dogs in the back yard but they le...

    Edward’s Answer

    It would be my suggestion to do whatever you can to prevent a problem with the neighbors. Put your suggestions in writing that you want to meet with them, and have the dogs get to know each other in a neutral area. You could even get an opinion letter from your vet as to the proper way to introduce canines to each other. Creating a paper trail will go a long way in establishing you were the reasonable one.

    Then, if the neighbors do nothing to help alleviate a problem, and then their dogs are injured, you at least have a defense to their claim you acted unreasonably. However, the law in Washington is the owner of the dog will be strictly liable for the injuries their dog causes.

    RCW 16.08.040 imposes strict liability for dog bites sustained by persons in public and certain other places regardless of whether the dog is known to be vicious before the biting. That statute by its terms, however, applies only to "(t)he owner" of the dog.

    See question 
  • I was cited RCW 46.61.050 "Fail to obey traffic control device" for making an illegal right turn. Can this affect my insurance?

    I made a full stop at a red light before making a right turn. Squad car was approaching the intersection though from a safe (according to me) distance in the direction of my turn. I made a right turn and officer flagged me for making an illegal R-...

    Edward’s Answer

    You should contest this ticket. The prosecutor must provide you with discovery and follow all the applicable procedures in order to get the case before a judge. At that point you can provide the judge with evidence (witnesses, your testimony, photographs, diagrams, etc.) to counter-act what the prosecutor comes up with.

    Often the prosecutor will negotiate with you and offer you a non-moving violation ticket which does not go on your driving record. The 46.61.050 is a violation that ends up on your record and could have a detrimental effect on your insurance rates. Hope this works out well for you.

    See question 
  • I was in a car accident, I was pregnant medicaid paid the hospital bills, the other drivers car insurance Knows medicaid paid

    the bills and wants my social security # and medicaid # because they say they need to contact them to see if they have to riemburse them. Should I give them that info.

    Edward’s Answer

    You should not give out this information without getting the advice of a well-respected personal injury attorney in the Houston area. Check with the trial lawyers association in order to do this. You do not want to give access to the other side without knowing your rights. You have an adversarial relationship with the other insurance company and they will not take steps to protect your interests. Hope this works out for you.

    See question 
  • Should a claim be made if the Dr. who delivered a baby, failed to remove all of the placenta?

    At today's follow up appointment, the Dr. who delivered our child, advised me that some of the placenta was not completely removed. This is over a month since delivery. Surgery is scheduled 6/29.

    Edward’s Answer

    Professional negligence claims can be brought when the standard of care for that particular expert has been breached. Thus, these questions pertain to the specific facts and circumstances this doctor encountered when the placenta was left in. The problem with most medical malpractice claims is not in proving the violation of the standard of care, but determining if the damages will warrant a contingent fee arrangement with an attorney. These cases are very expensive to pursue.

    However, you should start by obtaining all of your medical records and also contacting an attorney in your area who practices in this area of personal injury practice.

    See question 
  • We bought a house at auction recently and have heard from the former owner that we foiled his plan to get his house back.

    It was his "vacation home" and had been abandoned for 9 months. The title search revealed that he had a second on it for about half of what he owed on the first. We bought it for what he owed on the first plus a dollar (minimum bid). Without dec...

    Edward’s Answer

    A non-judicial foreclosure is the key legal method used in our state and does not require court action but does require notice of sale. When the deed of trust contains a provision called a power of sale clause, the trustee can sell the property in order to satisfy the underlying defaulted loan. Requirements are very strict as to the methods of providing notice to all interested parties. It is possible the owner believed he retained a right of redemption which would have been the case if this had been a judicial foreclosure.

    See question 
  • What do i do if they lost something off their truck or ran over something that flew up and hit me?

    i was not too close and was in another lane. im pretty sure it came off his truck, about 90% sure. it deffinetly was metal, can tell from damage to my vehicle. what can i do?

    Edward’s Answer

    In order to recover against another driver you typically have to prove negligence on their part. This requires you to prove they failed to act reasonably under the circumstances and this failure caused you to be injured or sustain some type of damage. Hopefully you will be able to prove what the item was coming off of the truck. Merely running over something would not likely be recoverable in my opinion, unless you can prove they acted unreasonably (see above).

    Good luck.

    See question 
  • If I was involved in an accident (on the clock, on a work-related errand) & my insurance doesn't cover it, is my work liable?

    I was found at-fault due to the fact that my car spun into the other lane of traffic and was struck by the oncoming vehicle (due to rainy weather conditions, not negligence or speeding on my part) and my car insurance is not only insufficient cove...

    Edward’s Answer

    If you injured while working as an employee of another, and the employer has workers compensation coverage, you should be able to recover for your losses. You cannot sue your employer however as a result. To determine if one is an actual employee vs. an independent contract related to what is called an agency-principal relationship that may have been in place between you (agent) and your employer (principal). You should connect with an attorney as soon as practical in order to protect your interests. Your employer should have a liability policy in place which would be responsible for defending them and you for your potentially negligent conduct.

    Good luck.

    See question 
  • Medical Malpractice Deposition for Arbitration, I asked earlier but perhaps in a wrong subgroup, so here I am posting again.

    My brother (one of the plaintiffs in a Kaiser Medical Malpractice/Wrongful death) had showed some Medical Research Data Studies regarding about the Cancer survival rate and negligency at doctor behaviors as he has a solid prestige Biotech backgrou...

    Edward’s Answer

    If you have a binding arbitration clause with Kaiser, there may be the possibility of a motion for summary judgment within the arbitration setting. if you claim your chance of survival went down because of the mistakes of a medical professional, you will need to find some legal precedent for this claim. In many states this will be found in case law, and if a medical expert states this opinion then you will have improved your chances to win the case. However, you will still need medical testimony from an expert to state a mistake was made by Kaiser or one of their professionals initially and then this has to be linked to the reduction of your chances of survival. Hope this helps.

    See question 
  • My car was hit by a neighbor in our parking lot he doesn't have insurance my insurance won't get my car fixed What do I do

    It's going to cost $8,100 to fix the damage on my car how do I go about suing him for this damage

    Edward’s Answer

    It is not clear to me why your own insurance company doesn't pay for the loss. Provided you have coverage for collision damage. The insurance policy is a contract and you can force them to pay. You should review your insurance contract and you can contact the insurance commissioners office in your state. When you have insurance to cover your vehicle, they must pay, minus a deductible obligation on your part. You should not have to deal with your neighbor at all.

    See question 
  • I was involved in a car accident on May 2nd and I was hit from behind and they ran a stop sign and have no car insurance.

    The person who hit me refuses to pay for anything even though they were at fault.

    Edward’s Answer

    As the others have stated, you can sue the at-fault driver for their negligence. This often is required before you bring an uninsured motorist claim which you likely will have to do in order to receive fair compensation. Your insurance company will have to abide by the insurance policy provisions for medical payments for you as well. However, be aware that you have become the adversary as soon as you make a UIM claim.

    See question