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Dog Bites Against Postal Workers on the Rise in South Carolina

The Greenville News reported on the alarming rise in dog bites against US Postal Carriers:

The postal service’s Greater South Carolina District, which has 995 city carriers and 1,448 rural carriers, has had a “shocking” increase in dog bites in recent months, the agency said……

Harry Spratlin, spokesman for the USPS Greater South Carolina Performance Cluster, said it’s difficult to pinpoint a cause for the rise in dog bites to letter carriers………

“Even small breed dogs have the potential to inflict injuries that can threaten a carrier’s career. Our best approach is to issue an appeal to all dog lovers: please, be responsible owners: control your pets.”

If you have been attacked by a dog, either on the job or off the job, you may have a cause of action against the dog’s owner or keeper.  South Carolina’s law on dog bites is clear:

S.C. Code Ann. § 47-3-110: Liability of owner or person having dog in his care or keeping.

Whenever any person is bitten or otherwise attacked by a dog while the person is in a public place or is lawfully in a private place, including the property of the owner of the dog or other person having the dog in his care or keeping, the owner of the dog or other person having the dog in his care or keeping is liable for the damages suffered by the person bitten or otherwise attacked. …. If a person provokes a dog into attacking him then the owner of the dog is not liable.  (emphasis added).

I have covered this topic in a previous post in more depth. Please click on the link below to learn more about South Carolina’s law on dog bite incidents.

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Who Pays for the Defense Attorney: You or the Insurance Company?

I represent plaintiffs, or those injured by the negligence, ignorance, and omissions of other persons, employers, and corporations,  100% of the time. Conversely that would mean I work against defendant’s that have injured my client. OR DO I? Yes and no.

Actually, I work against defense attorneys that are paid hourly or on retainer by insurance companies. These insurance companies hire defense attorneys to protect them when their insured, or client that pays for insurance, does something wrong.  Understand?

Let’s look deeper. We all buy insurance. We buy insurance up to a certain amount and pay a premium.  That premium is paid to an insurance company to protect our interest if something goes wrong or something bad happens. We usually pay that premium towards a particular amount of coverage to have the insurance company come in and protect us when something goes wrong. Do insurance companies really protect their insureds?

Now let’s talk about insurance companies:

  • Did you know if someone hits you without auto insurance that your insurance company, the company you pay your premium to protect you, stands in place of the person that hit you without insurance?
  • Did you know if a drunk driver hit you and hurt you so badly to require more than your insurance coverage and you were smart enough to purchase UIM, or underinsured coverage, that your insurance company will stand in for the drunk driver and protect them against you stacking that coverage?
  • Did you even know you could stack certain insurance coverages?
  • Did you know that insurance companies pay lots of money for expensive software and research programs that let them know as much about you as possible?- ie Ever watch one of those movies where if it has ever been put into a computer or mainframe system they know? (Those aren’t science fiction movies anymore). Confidential medical records–ha ha. Funny.

Defense attorneys love to point out shiny objects in your past. If you have ever hurt yourself in the past then they will say that was the result of your current injury not the fact that the person they are paid to protect by the insurance company ran their 5,000lb car into your front seat.  In their minds it was most likely a result of the fall you had when you were 3 years old and it just never healed right.  Understand better?

Certain things can not be brought in front of a jury at trial regardless of how relevant they may be to a lay person:

  • I can’t bring into evidence the ticket the highway patrolman gave to the at fault party;
  • I can’t talk about the defendant’s insurance coverage;
  • I can’t even mention the word “insurance”;

Ironically, defense attorneys get paid by the hour and don’t care how quickly the case moves. Remember they get paid by the hour. Would you rush a project that paid you by the hour or would you work at it so long as you could? Also, it helps the premium you pay build interest and that interest to make them money while they stall on giving you any money. Funny isn’t it?

If you remember nothing else, remember this:

Insurance companies don’t make money paying you money, they make money keeping it away from you.

Now, who do you think pays for that defense attorney? You or the insurance company?

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Answers for Costly Prescription Medication

The Greenville News had an interesting article entitled “Medicine Too Costly for More Patients”. The article stated:

The national recession is forcing more people to seek help getting their medications or to leave the drug store without their prescriptions once they learn what they’ll cost.

The article referenced the Partnership for Prescription Assistance as an option for those without insurance or health benefits.  However, I found some of the most helpful resources to be in the comments part of the article.

  • Kladywrote: “CVS, WalmartTarget and Walgreens all have a generic program in which you can receive a 90-day supply for $9.99 as long as your medication is on the list. The list has about 300 medications on it, so there is a good chance that doctors would prescribe something off of this list if you ask.”  (My research showed that Walmart & Target actually offered $4 generic drugs and Target had the most consumer friendly website)
  • Isuheidiwrote: “AnMed Health pharmacies also offer more than 230 generic drugs for only $5. You can find a list of the $5 medicines at anmedhealth.org.”

The rest of the comments debate the health care industry and the pharmaceutical industry. Another time and place for that article.

The South Carolina Commission for Minority Affairs has a list of all the Free Medical Clinics by county. Some of the relevant ones are pasted below:

  • Anderson
    Anderson Free Clinic
    414 North Fant Street
    Anderson, SC
    864- 226-1294

  • Greenville

    600 Arlington Ave.

    Greenville, SC

    864-232-2989

  • Oconee

    Rosa Clark Medical Clinic

    210 S. Oak Street

    Seneca, SC

    843-237-2672

  • Pickens

    Pickens County Free Medical Clinic

    303 Dacusville Highway

    Easley, SC

    864-855-7936

 

 

An aside: I find it to be quite racist that the SC Commission of Minority Affairs thinks only minorities need Free Clinics. This listing should be on all the public health and community related websites paid for by SC gov.

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Life Is a Lot Like Running

I am NOT an avid, amateur, or competitive runner. I do not read Runner’s World on a regular basis. However, I do like to get out there on a beautiful day and exert some energy, get rid of some stress, and challenge my body to stay healthy.

Recently I have enjoyed getting back out on the streets and trying to increase my stamina. My left knee still gives me some grief but I enjoy the pain and struggle that running provides. I am the type of runner that enjoys running in the South’s 90+ degree weather and torturing my body. Sure there are the health nuts that think that is not healthy but neither is binge drinking/smoking/excessive eatingtomfoolery so let me pick my own poison.

I enjoy physically participating in the real life challenge of getting over the next obstacle in front of me. In Greenville, it is not that difficult to find hilly terrain to have a challenging jog. Lately, I have struggled with the hill coming from North Church Street, headed South towards the intersection of S. Church Street and University Ridge. It wouldn’t be so bad if it wasn’t the last leg of my run.

That hill has taught me some things:

  • If I dread doing it, I’m not going to push myself to complete it;
  • If I stop before I get to the top, I lose the discipline to start back up and finish the task I set out to perform;
  • If I look too far ahead because of the distance that lies before me, I lose hope in my struggle and often times fail to complete it;
  • If I put my head down and focus on one step at a time it’s a lot easier; and
  • When I do blow past the top and turn the corner towards home, I feel like I can conquer the world!

 

A little “Eye of the Tiger” Rocky style to help those on Friday run out of their offices.

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Size Does Matter: Motor Vehicle Impact Results

The Insurance Institute for Highway Safety (“IIHS“) is an independent, nonprofit, scientific, and educational organization dedicated to reducing the losses — deaths, injuries, and property damage — from crashes on the nation’s highways. ** ...wholly supported by auto insurers.

The IIHS’ reported in their Special Issue on Car Size, Weight, and Safety:

  • “Reflecting Newton’s laws of motion, the results confirm the lesson that bigger, heavier cars are safer.”
  • SIZE-“When a car crashes into a solid barrier, the outcome depends in part on the size of the front end.  If one car’s front end is long enough to crush twice as much as another car’s in a barrier crash at the same speed, its restrained occupants will experience half as much force as the people in the smaller car because it takes them twice as long to stop.
  • WEIGHT- “When two cars going the same speed crash front to front, the outcome depends in part on the cars’ relative weights. The heavier car will push the lighter car backward during the impact, which means the velocity change of the heavier car will be much less than that of the lighter car.  If the lighter car weighs half as much as the heavier car, the forces on its occupants will be twice as great.”
  • PHYSICS-“Dictate crash outcomes.” The poor performance of all three micro and mincars in frontal impacts with midsize cars isn’t surprising. It reflects the laws of the physical universe, specifically principles related to force and distance.”
  • “The greater the change in velocity, the greater the forces on the people inside and the higher the risk of injury.”

It amazes me when I talk to insurance adjusters and they do not reference the research they pay for. I know the title and article imply common sense but that is not what insurance companies use in negotiating claims.  They like to talk about property damage as a direct correlation to injuries.  Obviously their own research proves them wrong. Imagine that!

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