Monthly Archives: January 2018

Biting Commentary – January 25, 2018

Lebherz & Lebherz, Attorneys at Law

-by Christopher Lebherz

Approximately 4.5 million dog bites occur in this country annually, according to the Centers for Disease Control and Prevention. More than half the states have “dog-bite statutes” that hold dog owners liable if their canines cause injury whether or not the dog owners had reason to believe their dogs were dangerous. Most laws cover all kinds of dog-inflicted injuries, not solely dog bites. In other states, the “one-bite rule” makes dog owners legally responsible for an injury if they knew the dog was likely to cause that type of injury. Bite victims must prove that the owner knew the dog was dangerous. If the injury occurred because the owner was negligent in controlling the dog, the owner is liable.

Lebherz & Lebherz, Attorneys at Law, can be your advocate in negotiations or in the courtroom. We are located at Old Bailey Court, 99 Town Hall Square. Please call LEBHERZ & LEBHERZ, Attorneys at Law, at (508)548-6600 to schedule a consultation to review the details of your case.

Noisy Neighbors – January 22, 2018

Lebherz & Lebherz, Attorneys at Law

-by Christopher Lebherz

Neighbors need not necessarily throw noisy parties or play loud music to disrupt the lives of those living close by. In this era of sensitivity to noise pollution, leaf blowers and lawn mowers are perceived as having the potential to create a credible noise problem. The first step in addressing this situation involves talking directly and respectfully to the neighbor making the noise in an effort to arrive at a resolution that both parties find acceptable. If that does not work, the noisy neighbor should be confronted with a copy of the local noise ordinance, with a note that repeats the request to keep the noise down. If this fails, a call to the police may be in order.

Lebherz & Lebherz, Attorneys at Law, can be your advocate in negotiations or in the courtroom. We are located at Old Bailey Court, 99 Town Hall Square. Please call LEBHERZ & LEBHERZ, Attorneys at Law, at (508)548-6600 to schedule a consultation to review the details of your case.

The Make Whole Doctrine – January 12, 2018

Lebherz & Lebherz, Attorneys at Law

-by Christopher Lebherz

When individuals are physically harmed as the result of the negligence of others, the “make whole doctrine” seeks to place the damaged parties back into the position they would have been in before the injury caused by another. Both economic (out-of-pocket) and non-economic (loss of physical and mental well-being) losses are restored through monetary compensation. The term “general damages” refers to non-economic losses such as “pain and suffering.” The valuation of such loss is left largely to the jury’s discretion. “Special damages” are those awarded for compensable harms such as medical expenses and lost wages. These can easily be quantified with the help of bills, pay stubs, and the like. Plaintiffs should give a full accounting of their losses.

Lebherz & Lebherz, Attorneys at Law, can be your advocate in negotiations or in the courtroom. We are located at Old Bailey Court, 99 Town Hall Square. Please call LEBHERZ & LEBHERZ, Attorneys at Law, at (508)548-6600 to schedule a consultation to review the details of your case.

Over Before It Starts – January 7, 2018

Lebherz & Lebherz, Attorneys at Law

-by Christopher Lebherz

The vast majority of civil cases never go to trial either because both sides reach a settlement beforehand or cases are dismissed. A “motion to dismiss” may be filed by a defendant who asserts that the plaintiff has failed to state a viable cause of action. In short, the plaintiff has no case, or has missed the statute of limitations.  Another way to avoid a lawsuit going to trial involves filing a “motion for summary judgment,” typically filed after discovery is completed. This motion is granted when a party can get the court to determine that there is no issue of material fact and the undisputed facts indicate that one party should win the case as a matter of law.

Lebherz & Lebherz, Attorneys at Law, can be your advocate in negotiations or in the courtroom. We are located at Old Bailey Court, 99 Town Hall Square. Please call LEBHERZ & LEBHERZ, Attorneys at Law, at (508)548-6600 to schedule a consultation to review the details of your case.