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Questions Answered by Tyler Young
1 Answer | Asked in Animal / Dog Law for Indiana on
Q: Do i have a case? 2 stray dogs killed 8 of my backyard chickens and injured 3.

I recovered 4 bodies, the other 4 are missing, presumed dead. I kept the dogs safe until owners could claim them. I have several photos of my flock pre attack, post attack, and of the dogs as well as piles of feathers in our yard. The owner offered no compensation, even when I asked. We... Read more »

Tyler Young
Tyler Young answered on Sep 14, 2020

Most likely you have a claim for the value of the animals. Indiana likely has a small claims court option for you. I recommend looking into small claims courts in your area. This will be an inexpensive and relatively fast option for you to find some recovery.

1 Answer | Asked in Animal / Dog Law for California on
Q: Can an animal shelter put down a chipped dog when the owner has been in contact?

My poor baby was taken to the animal shelter while I was away by an ex bf as he was watching her. He had no right to do that. She wasn't abandoned he was mad at me and took her to hurt me. She was chipped. They called my ex husband and never called me. My chip company never emailed me either... Read more »

Tyler Young
Tyler Young answered on Sep 14, 2020

I am a dog owner and can only imagine the heartache you're feeling about this. I'm so sorry.

First, I recommend that you chat with a CA attorney. Most states classify dogs as property. Typically someone in your situation won't have many remedies. That said, CA may be...
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1 Answer | Asked in Personal Injury for Kansas on
Q: Can a member of a church be sued for an accident or injury that occurs on church property

Our church is trying to determine what kinds of incorporation and insurance we need

Tyler Young
Tyler Young answered on Sep 1, 2020

Yes. There are any number of situations where individuals and the church might have liability for an injury that occurs on church property. Cases of sexual assault are a classic example. Some churches were found labile for some sex assault cases where the churches knowingly placed predators in... Read more »

3 Answers | Asked in Personal Injury for Tennessee on
Q: Who is responsible for any persons hurt by a utility line down on the road that they have drove over?

I was injured by a power line while on the back of a motorcycle it was layed across the road brought down by a tree.

Tyler Young
Tyler Young answered on Aug 4, 2020

That's so scary. I hope you're doing okay. That's certainly a life-threatening situation.

There are dozens of possibilities of people or entities who could have responsibility for the wire on the ground. For example, did someone hit a pole with a vehicle? Did the utility...
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4 Answers | Asked in Personal Injury for California on
Q: Person A, a neighbor, caused a horse to bolt by shooting a firearm, killing or injuring person B. Is person A liable?

It is an unincorporated area of the county. Shooting guns is legal. Question is in regards to civil law, is person A liable for the death or serious injury of person B?

Tyler Young
Tyler Young answered on Aug 3, 2020

That's such a sad story. What a crazy situation.

We all have a duty of "reasonable care." In cases that don't settle, juries ultimately determine what is "reasonable." I don't think it's unreasonable to expect people to shoot shotguns in rural...
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2 Answers | Asked in Personal Injury and Insurance Bad Faith for Washington on
Q: The guy that ran me over his dad has insurance it's umbrella insurance for the hole family..its 2 million policy

Now would that cover the son while driving a uninsured truck or can I sue him

Tyler Young
Tyler Young answered on Aug 3, 2020

You can always make a claim against someone who hits you with a vehicle. If I'm understanding your question correctly, I think your asking whether the father (and therefor his insurance) might also cover your injuries. The answer is "maybe." You need a lawyer to help you figure... Read more »

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1 Answer | Asked in Personal Injury and Car Accidents for South Dakota on
Q: Daughter cited for failure to yield. Other driver cited for invalid license for 2nd time. He hit her. Whose at fault

My daughters view was obstructed by vehicles parked illegally at intersection. She slowly proceeded into intersection for a clear view to her right. Didn't see vehicle so continued thru and got t-boned by driver heading west. She was heading north and was nearly thru before getting hit. Both... Read more »

Tyler Young
Tyler Young answered on Jul 31, 2020

Your question is a classic comparative fault question. First, your daughter who was the passenger may have a claim against her sister (collectable from her liability insurance) and the other driver. You should talk with an attorney about her rights.

However, South Dakota has a difficult...
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2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Washington on
Q: Is a commercial driver who kills a pedestrian while driving on a suspended license usually issued a citation?

My son was struck and killed by a commercial truck whose driver's license was suspended in "the 3rd degree". My son was a pedestrian, and granted he was no in a crosswalk. But shouldn't the driver of the truck at least have been issued a citation for driving on a suspended... Read more »

Tyler Young
Tyler Young answered on Jul 31, 2020

I am so sorry about your son. I just became a dad and can't imagine how difficult it would be to lose a child.

What the police or prosecutors decide to do to the driver of the truck criminally has minimal, if any, impact on your potential wrongful death claim. I've seen dozens of...
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2 Answers | Asked in Personal Injury for Florida on
Q: How do you fight concurrent causation in personal injury

urrently being sued for damages from a car accident. However, the plaintiff was involved in a separate accident two days later. Most of her diagnoses came after the second accident

Tyler Young
Tyler Young answered on Jul 29, 2020

First, you should turn this over to your auto insurance company. They handle defense of the cases and pay any settlement or judgment.

Second, if you don't have insurance, you should hire an insurance defense attorney (likely by the hour) to help you defend the case. This likely...
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1 Answer | Asked in Personal Injury, Civil Rights, Communications Law and White Collar Crime for Utah on
Q: Do I need a personal injury lawyer and a civil rights lawyer when Suing multiple health providers?

Looking for an attorney to help me pursue my complaint, by suing multiple people and/or health providers whom may be able to assist me by giving a discount or payment plans? Maybe even PRO BONO? The information I have obtained is very sensitive so please email responses to:... Read more »

Tyler Young
Tyler Young answered on Jul 27, 2020

You need a medical malpractice / personal injury attorney. If there are civil rights components to your case, often a an injury attorney can assist you with that as well.

Medical malpractice tort reform laws in Utah make it nearly impossible for non-lawyers to navigate the litigation...
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1 Answer | Asked in Animal / Dog Law and Personal Injury for Indiana on
Q: If my 2 year old dog bit someone that grabbed her by the collar to stop her running off, am I liable?

My daughter opened the front door when her friend came over and our dog almost ran out the house. The adult who was dropping off my daughter's friend grabbed the dog's collar to stop her getting out and apparently the dog bit her. The woman left and did not say she was bitten until almost... Read more »

Tyler Young
Tyler Young answered on Jul 25, 2020

I can only answer your question with certainty based on Utah law, but in most states yes, you are strictly liable for the actions of your dog. Strict liability means that regardless of fault by you, or any knowledge that your pet might bite someone, by simply owning a pet you are responsible for... Read more »

1 Answer | Asked in Personal Injury for New Mexico on
Q: Will a pool owner be liable if I teach swim lessons from their pool. I have insurance and a waiver for parents to sign

My parents own a pool and I would like to teach other children private swim lessons in it. I will carry swim instructor insurance through thimble up to 1,000,000 in coverage and have a legal waiver created by a lawyer that each parent of the child will have to sign. I want to make sure my parents... Read more »

Tyler Young
Tyler Young answered on Jul 6, 2020

First, thank you for asking a responsible question. Many people don't ask these questions until after an event which might expose you and others to liability.

The answer to your question varies greatly depending on how an injury occurs. What if your student falls on the side of the...
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1 Answer | Asked in Civil Litigation, Insurance Defense and Personal Injury for Washington on
Q: How often does a previous injury affect an auto-injury case? Without offering information about a previous injury.

I have a 5-year-old medical bill in collections from a previous injury that is in close proximation [on my body] (but not exact) to this auto injury I just had. Will this show up somehow and affect a possible case? It was in another state that I don't have a policy in or residency in.

Tyler Young
Tyler Young answered on Jul 1, 2020

Good question. Your issue is a common one in most personal injury cases. A reputable injury attorney knows how to deal with this.

You are only entitled to make a claim for the injury that was "caused" by the wreck in question. Whether that means a completely new injury or...
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1 Answer | Asked in Car Accidents and Personal Injury for California on
Q: I need to know if I can fight an accident during an unsafe change lane from another driver.

a driver stop in front of me to change lanes, when I was turning right and non traffic conditions,

when ahead it was a sign, merge to the left , another sign ahead lane end merge to the left.

she stopped without signal in a continuous traffic. I was behind the big truck turning right .

Tyler Young
Tyler Young answered on Jun 30, 2020

You're asking a classic comparative fault question. Yes, you can make a claim for your damages if you feel the other driver was at fault. But a jury may have to decide the answer to that question. The insurer may take the position that because the other driver was in front of you that you... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Medical Malpractice on
Q: can i sue company for not having pretrial information that I requested and had to file without?Case was dismissed

I was led to believe the insurance company that insures the Dr I was suing was performing the pretrial she asked for signed consent forms etc she was investigaing as far as I knew , so when the time came to file I asked and she never responded so I filed to hopefully save my timing to file.... Read more »

Tyler Young
Tyler Young answered on Jun 29, 2020

It appears your case originates in Georgia and you should ask a GA attorney your question. My response is based on Utah law, but most states do something similar to Utah. I'm also unclear as to the posture (or procedural stance) of your case so I'm making some assumptions in my answer.... Read more »

4 Answers | Asked in Personal Injury and Admiralty / Maritime on
Q: I was in a boat fire in Nov 2018 .the insurance contacted me but I haven't heard from them again

Progresive contacted me. I was in the ICU burn until in a coma for a month and in there longer. I suffer from al kinds of stuff now

Tyler Young
Tyler Young answered on Jun 25, 2020

You need an attorney. Insurance companies nearly always contact injured people to gain information about potential claims. That said, their reasons for contacting you aren't necessarily because they intend to pay you anything. Your claim is large enough that there are too many pitfalls of... Read more »

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5 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Telling the short story and I am mostly trying to find out if the truck was at fault.

There are 2 traffic lanes going North bound and 2 traffic lanes going South bound with a legal turning lane to make a left (no light to make turn) . I was in a car on the passenger side waiting to cross the 2 on coming lanes of North bound traffic. There is a traffic light slightly down the road... Read more »

Tyler Young
Tyler Young answered on Jun 17, 2020

Possibly. A jury would make that determination. States have different comparative fault laws, but most states have a framework that would allow a jury to determine if the driver of the vehicle you were in has fault, or whether the truck has fault. A jury could determine either have fault or one... Read more »

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4 Answers | Asked in Car Accidents, Civil Litigation, Libel & Slander and Personal Injury for Washington on
Q: A friend who is 17 of my daughters was driving her car and began excessively speeding real fast and there were 5 people

In the car and they all were pleading with him to slow down over and over but he refused to listen and he flipped the car and my daughter almost died and her friend was also hurt is it his responsibility to pay for damages?

Tyler Young
Tyler Young answered on Jun 17, 2020

Yes, it is "his" responsibility to pay for damages he caused. But he likely has insurance to cover some of your daughter's injuries. Believe it or not there may be multiple other insurance policies that could kick in to pay some of your daughter's damages. It is critical,... Read more »

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5 Answers | Asked in Personal Injury for California on
Q: In a Premise Liability Case, can a Homeowners Insurance Company be sued for more than the policy’s liability limit?

Slip & Fall Case. Plaintiff is the tenant. Defendant is the landlord. Landlord admits he knew about, & agreed to hire someone fix a broken drain ASAP but definitely prior to a planned bday party a few weeks later. He kept forgetting & the tenant slipped & fell on pooled water that... Read more »

Tyler Young
Tyler Young answered on Jun 17, 2020

Your case is against the building owner or property manager, not their insurer. However, the insurer, by contract, defends the case and pays the judgment; with a few nuanced exceptions. I agree with Mr. Light's answer above but I will explain in a slightly different way. You can sue for... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: What to do when the other driver wants to sue after an accident?

Hi, my boyfriend got into an accident while driving my car. He also has his own insurance. My boyfriend was determined at-fault and the other driver wants to file a lawsuit against both me and my boyfriend. Both my boyfriend and I have insurance of our own and we both pay premium. On top of asking... Read more »

Tyler Young
Tyler Young answered on Jun 17, 2020

You and your boyfriend have a contractual obligation with your auto insurance companies to notify them about the wreck. So you should report the claim. They should handle it from there.

If the other driver refuses the policy limits of insurance in a settlement, the insurance companies...
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