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Birmingham Alabama Attorney Blog

Dog Bite Cases in Alabama


                Most people in Alabama believe that when it comes to responsibility for a dog's vicious behavior, the plaintiff must prove that the dog has bitten someone before.  That is not true in all cases.  Our Firm has handled dozens of cases involving vicious dogs and it is usually feasible to prosecute the cases by proving that the dog owner violated either the state statute or a city ordinance.

                We recently settled a case where our client was viciously attacked by her friend's dog as she was leaving her friend's house and while still in the yard.  The case was prosecuted under §3-6-1 which governs the liability of the owner of a dog for injuries suffered to a person bitten or injured while upon property owned or controlled by the owner.  In essence, the statute provides that if without provocation a dog bites or injures any person who is on the dog's property, the owner shall be liable in damages.  This also applies if the dog follows a person off the property and bites or injuries that person.

                Many municipalities in Alabama make it illegal for a dog to run at large, (leash law) and also make it illegal to keep a vicious dog unless the dog is securely confined in such a manner as to prevent the dog from biting or attacking a person or another animal. 

                Insurance companies pay out millions of dollars each year for incidents where dogs bite and injure friends, family members, and strangers.  In order to protect yourself from liability as the result of your dog's conduct, keep the dog in a fence or on a leash. 

                Recent cases settled by Yearout & Traylor involving dog attacks include a case where an elderly man was attacked by a pit bull while the man was leaning up against a fence looking at a horse; a six year old boy's ear was bitten off by a German Sheppard as  the boy was chasing a ball in a family members back yard; a young girl was bitten on the face by a Chow while attempted to pet the dog as it was walking through her neighborhood; an older lady was bitten on the hand by a Pit Bull mix as she was walking through a residential neighborhood; a middle aged lady was attacked and bitten on her lower extremities as she walked her dog through a neighborhood in a residential area; and middle aged lady was attacked and bitten on the face and arm by a Pit Bull as she was carrying a small dog through a mobile home park.


Scams, Hoaxes, Viruses, Malware & Spyware

Part I - E-mail Scams

We all get them. We all have even forwarded them. An e-mail arrives with that familiar chime from our pc speakers. It URGENTLY warns of a malicious virus, malware, or scam. Or better yet, you have won the Microsoft® lottery, are the lucky benefactor of a political refugee who is worth 8 billion dollars, among others. Mostly, these warnings are nothing more than e-mail hoaxes and scams.

The good news is that most of these e-mails merely cause lost time. The problem is that others are scams that have genuinely stolen money from good people or have caused pc infections. So, what to do?

  1. Do not randomly forward e-mails that warn of viruses and malware because doing so only proliferates the spam e-mails, which can be as problematic as viruses and malware.

    • I always check to see if the e-mail is legitimate or a hoax

    • Then I reply to the sender and all recipients to inform them about what I found.

    • See Number 5 below for methods of checking e-mails.

  2. Do not forward e-mails that suggest you will become rich by doing so because you won't.

  3. Do not respond to any e-mails that seek your assistance with the transfer or handling of large sums of money. These are scams and the scammers will ask for money before they send you your share of 8 billion dollars. Rest assured that whether you send them this money or not, you will never see your share of the money because it does not exists.

  4. NEVER EVER send personal information over the internet to unsolicited e-mails or to anyone you do not know and trust. Generally, your bank, credit card company, or lending institution will never request pin numbers or CV2 (see below) numbers. What is a cv2 number? Find out here.

    • This also includes your bank account number, your social security number, your pin number, your routing number, your credit card number.

    • Without the pin and/or CV2, options are more limited for the identity thief.

    • For more information about identity theft, click here.

  5. There are multiple methods and websites available to check the veracity of e-mails:

    • Hoax-Slayer® - This site provides information on e-mail hoaxes and scams.

    • Snopes® - the self-proclaimed definitive Internet reference source for urban legends, folklore, myths, rumors, and misinformation.

    • Just Google® it.

  6. If you have any concerns that an e-mail is a hoax or a scam, then treat it as if it is one.

Part II - Viruses, Malware & Spyware

We all fear that our computer, or worse, our server, will become infected with either viruses or malware. So, in an effort to protect against those possibilities, we quixotically engage in Part I. But we also, and more fruitfully, employ other methods. Here are some tools available to assist in that process. All computers should have two critical pieces of software: virus protection and malware detection / protection. The following contains a list of available tools that can be used to assist in the ongoing effort to protect your pc and server:

  1. Anti-virus (free - $100)

    • AVG - AVG has varying layers of protection. The most basic, which is still robust, provided virus protection, link scanner, e-mail scanner among others. AVG also has paid subscriptions which afford additional protections which may include identity theft guard.

    • Kaspersky - another leading virus protection software that comes in free and paid versions.

    • Trend Micro - well known and trusted virus protection.

    • Symantec - well known and trusted virus protection.

    • Some internet providers provide free security suites to their customers.

    • The free versions usually cannot be installed as server editions. In other words, it cannot be installed on your server and then used by computers that connect to that server. If you choose to use a free version in a business environment, then it will need to be separately installed on each pc.

  2. Malware & Spyware

    • AdAware - The free version will scan your pc and remove malware, but it only scans when you tell it to. The paid version will actively monitor your system to prevent infection by malware. AdAware also has an available virus protection in its paid subscription.

    • Spybot - Search and Destroy - This malware product works similarly to AdAware. The free version will not actively monitor your system, but will scan and remove malware at the user's request.

    • Your pc prefers only one virus protection software. Unlike virus protection, your pc does not object to multiple Malware scanners. In fact, the definitions can be different for each so one may catch spyware/malware that the other misses.

    • AdAware and Spybot are both free for personal use, corporate use does require a yearly licensing fee.

    • Also, be aware that programs are available that purport to be anti-spyware and anti-malware, but they are spyware and malware. The lesson, only download from a trusted program and from a trusted site.

Some of these services are free. Others have different levels of protection that range in price from free to approximately $100.00. Obviously, the more you pay the broader the level of protection and each of the above sites will provide information on its product and services. Finally, generally, corporate users require annual fees.

The way to create a safer and more secure pc environment at home and at work is to become aware of the potential dangers, the steps to reduce those dangers, and the ways to verify or debunk scams and hoaxes. So, be careful out there and be sure to integrate into your pc environment protections against infections by viruses, malware, and spyware.

Research Options

There are various methods for legal research. Not that long ago, lawyers would spend endless hours poring over books - cases, codes, treatise, and digests. True legal libraries are currently outdated in their ability to effectively and efficiently provide results, and their consumption of valuable office space. The vast majority of lawyers currently employ, almost exclusively, online resources for legal research.

The big two: Westlaw and Lexis are the two most well known and recognizable online legal resource tools. Both provided extensive resources, including public records, various search methods, access to cases and codes, some form of shepardizing, legal treatise, rules, among others. Both are also very expensive.

Various alternatives to the big two exist for the legal researcher. These options are not usually as robust as the big two, but they are usually a fraction of the price or even free. All provide access to at least cases and codes which as a practical matter will provide the brief writer all of the material that he/she needs to effectively put together the most legal writings. Here is a pro and con analysis of some of the alternatives:

  • Casemaker: available through various state bar associations, usually free of charge.
    • Pros
      • Free
      • Access to cases, codes, including Alabama and Admin, and legislative material
      • Access to Court Rules, including Local Federal
      • Access to Attorney General Opinions
      • Case Check which provides citing references
      • Advanced Fields for filtering results
    • Cons
      • Lack of Shepard's® / KeyCite ®
      • No secondary materials
  • Google Scholar: available from Google®
    • Pros
      • Free
      • Access to Cases and Codes
      • Access to legislative materials
      • Citing References provided under "How cited" tab
    • Cons
      • Available resources are undefined
        • What I mean is that you cannot tell what resources are available for search, where the results come from, or the depth of the resources.
      • Limited date ranges
      • No hyperlink to legislative materials
      • Lack of Shepard's® / KeyCite ®
      • Printing Options
      • No toggling between search terms
      • Limited secondary materials
      • Limited Advanced Fields
  • FastCase
    • Pros
      • Low cost
      • Access to Cases and Codes
      • Access to legislative materials
      • Citation Analysis - attempts to offset lack of Shepard's® / KeyCite ®
      • Dual column printing
    • Cons
      • Lack of Shepard's® / KeyCite ®
      • Secondary Materials
  • Loislaw
    • Pros
      • Low cost
      • Access to Cases and Codes
      • Access to legislative materials
      • GlobalCite® - closest tool to Shepard's® / KeyCite ®
      • Public Records
      • Some secondary materials
    • Cons
      • Lack of Shepard's® / KeyCite ®
      • Secondary Materials

There are obviously numerous ways to conduct legal research, but the days of outrageous prices, especially for access to cases, codes, & legislative materials is at an end. The above list is not exhaustive, but provides some of the issues that I observed when reviewing current option to the legal practitioner.

Other available legal resources:

Versus Law

FindLaw®

Internet Legal Research Group

Municipal Codes

Code of Federal Regulations

YEAROUT & TRAYLOR, P.C.
3300 Cahaba Road
Suite 300
Birmingham, AL 35223
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Telephone: (205) 414-8160
Toll-free: 1-800-226-6116
Facsimile: 205-414-8199