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Eric Steven Nelson
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Eric Nelson’s Answers

27 total

  • My dog was bit at doggy daycare. We never signed a liability waiver or contract with day care owner. Who is responsible?

    The daycare owner witnessed the attack and states it was without provocation. My dog was bit on the right side of abdomen and back left leg area. The wounds were severe enough to require immediate medical attention. The vet bills have reached $700...

    Eric’s Answer

    The owner of the dog would be ultimately responsible for any injuries to a person resulting from a dog bite by his or her dog. Without doing additional research, I would assume that the owner of the dog would be responsible for unprovoked dog bites to another dog as well. The dog bite statute reads:

    (1) The owner of any dog which shall bite any person while such person is in or on a public place or lawfully in or on a private place including the property of the owner of such dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.

    The doggy daycare would be responsible if there was some negligence on their part that contributed to the attack. For example, if the daycare knew this was a vicious dog, but put your dog in the same kennel with it anyway.

    Since the owner is willing to pay the bill, I would keep "hounding" the owner of the dog and doggy daycare owner on a daily basis until they pay. As part of that hounding, I would make the threat that you will be forced to obtain a lawyer if it is not resolved right away. It would be better for everyone to resolve this out of court, if possible.

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  • Dog bite at walmart

    There was an animal shelter asking for donations and having gift bags to buy outside of Walmart when we walked in. They had two dogs and we asked if they were friendly and my two-year-old went over to Pet one when they said yes. The dog ended up b...

    Eric’s Answer

    In Washington State where I practice, if a dog bites you, the owner is liable for your injuries. This is called strict liability. You should contact a local attorney in your area to determine if your state has a strict liability law for dog bite incidents. It does appear that you have a clear-cut case against the animal shelter. You may have a claim against WalMart as well, but that is not as clear. At a minimum, I would have an attorney contact the animal shelter to determine if they have insurance coverage for this type of incident, which I assume they would. You could then make a claim with the insurance company. That way, you would not be taking money directly out of the animal shelter's pocket (which seems to be your concern).

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  • Premises liability, but not slip and fall

    I was assaulted on a private property hitting my head, losing consciousness and suffering a seizure. I suffered a brain injury because of the concussion I sustained. I've been looking around for an atty they all say I have a case but they only d...

    Eric’s Answer

    My first question is why won't the attorney who is handling your sister's case willing to handle your case as well? It sounds like she was assaulted in the same incident. If your sister's case is unrelated, then one reason that you may be having problems finding an attorney to handle your case is because it was an intentional assault. When an assault is intentional, usually there is no insurance coverage. If there is no insurance coverage, most attorneys won't take the case. I would need a little more information about the incident to determine if it is a case worth pursuing, such as what type of "private property" were you assaulted on. Was it a business, a person's home, a vacant lot, or something else. I would also need to know who assaulted you. Was it the homeowner, business owner, a random criminal, a friend, etc. I would also need to know more about how the assault occurred and why. My brother is a personal injury attorney in California and has handled many of these types of cases. His name is Brian Nelson (Los Angeles). I can give you his contact information if you want.

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  • I need lawyer for an slip and fall

    I was in Wal-Mart and I slip and fell

    Eric’s Answer

    As the other attorneys mentioned, you have not provided enough information for an attorney to evaluate whether you have a case worth pursuing. Just because you fell in a store does not mean that you have a viable personal injury claim. You should consult with a personal injury attorney in your area. The attorney will need to know details about the incident, such as what you slipped on, how you slipped, where you slipped, whether the substance you slipped on had been there for a while, your injuries, etc.

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  • Can I sue a insurance company without a police report of the accident.

    On jan. of 2014 a school plow truck ran into my vech. It was going backwards on a bus service road onto a public street. No police report was filed due to the numerous slid off the city was having. The insurance co for the plow driver stated t...

    Eric’s Answer

    Police reports can be good to have to substantiate a potential claim by gathering evidence at the scene of a collision, such as witness statements. However a police report is not necessary to make a claim. In your case, since the other driver was backing up, there may be issues as to liability (who's at fault) if the other driver doesn't admit he was backing up, but says you ran into his vehicle. It may end up being a case of your word against the other driver if you do not agree on the facts of what happened. Be sure to contact a personal injury lawyer (through Avvo) in your local area to assist you with your case.

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  • I was involved in an accident where my brakes failed and I rear ended a car. That car then rolled into another car.

    My insurance company said my insurance had lapsed, they didn't notify me or the company my car loan was through.

    Eric’s Answer

    In addition to the other comments, I would contact your loan company and let them know what happened if you have not already done that. They might have some helpful information and they might assist you in obtaining information from your insurance company since they have an interest in the outcome.

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  • WHT should I do

    I got rear ended by kid 16 he fled the scene the police found shortly... the police couldn't find his patents insurance. .. I have full coverage on all my cars except this 1 what would happen if the kids parents don't have insurance my dad has ...

    Eric’s Answer

    If the other driver doesn't have insurance then your options in this scenario (no insurance on either car) are to try to settle directly with the other driver (or his parents) or sue the other driver and get a judgment against him. If you go to court and win (get a judgment) you can then take actions to collect on it, such as garnishment of wages. You may have a difficult time hiring a lawyer to represent you in this case, but it is worth talking to some personal injury attorneys in your area.

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  • My friend got rear ended he was driving on suspended license and my car didn't have insurance in AR can I file a claim

    my car was totaled it was the other guys fault and he did have insurance

    Eric’s Answer

    The facts you didn't have insurance on the car and that your friend had a suspended license are irrelevant to whether the other driver was negligent. Yes, you (and your friend if he was injured) should contact the other driver's insurance company and make a claim. However, I would strongly suggest contacting a local personal injury car-accident lawyer through Avvo to help you with your claims.

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  • Can a company directors license be suspended because a company registered vehicle driven by employee was involved in accident?

    I am a director at Burki Limousine Inc in Virginia. Our driver was involved in an accident while driving a company owned registered car in Virginia The insurance company filed a civil claim against the driver and my company in Maryland. They won...

    Eric’s Answer

    My first question is why were you or your company a no-show after being served with a lawsuit, especially since you have insurance? Were you ever served with the summons and complaint? If yes, did you contact your insurance company? You need to contact your insurance company and get them involved right away. They should provide you with a lawyer and he or she may be able to get the default judgment vacated.
    It is strange that your license was suspended. I can only surmise that the DMV got involved because they did not think you had insurance on the vehicle. However, that is purely a guess. You need to talk to a lawyer in your area ASAP if your insurance company doesn't provide one.

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  • Is it tough to pursue a case against another lawyer/attorney??

    I have reason to believe the attorney for my grandmother's will messed with the will/trust because he was best friends with my uncle, who didn't see my grandmother, didn't even attend her funeral. I have witnesses to prove the will/trust was alter...

    Eric’s Answer

    I would seek the assistance of a probate lawyer who can evaluate whether there was some wrongdoing in the handling of your grandmother's estate. This is assuming there was even a probate, which is where the estate is distributed with court intervention. No matter what, you need a probate lawyer to look at the evidence that you have that the will was "messed with." Before you call a probate lawyer and spend some money on an attorney, make sure that you gather all the facts and documents that show that there was some wrongdoing. The attorney will need all that information, including the names and phone numbers of the witnesses and a short statement of what they know. If a probate lawyer confirms that there was some wrongdoing on the part of the lawyer, then you can contact a legal malpractice attorney through Avvo to pursue that claim.

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