May 6, 2015

Arkansas Dog Bite Law

Arkansas dog bite law states that an owner or a person having custody of a dog has a duty to use ordinary care to keep his/her animals from running at large when he/she knows or reasonably should know that such animals are likely to cause injury or damage to others. Arkansas Model Jury Instruction 1601. Further, a person who keeps a domestic animal with knowledge of its dangerous tendencies does so at his/her risk and is liable for injuries and damage caused by the animal. Arkansas Model Jury Instruction 1602.

Against this backdrop, and pursuant to the plain language of these accepted Arkansas jury instructions, an owner and/or a person in custody of a dog may be held liable for injuries caused by an animal. This liability can be twofold. First, an owner or custodian may be held liable under a theory of strict liability for injuries inflicted on a plaintiff if (1) the animal was of a vicious species; or (2) the animal, although domesticated, had dangerous tendencies which were known to the owner. However, an owner or custodian need not have actual knowledge of an animal’s dangerous tendencies or propensities. Notice may be actual or constructive.

In addition to a theory of strict liability, Arkansas law allows a cause of action for ordinary negligence in dog attacks. Most often, this negligence claim will lie when dogs are maintained in violation of a local leash or confinement law. However, negligence can be found in many different ways. In order to prove a prima facie case of negligence, the injured person need only show that under the circumstances the dog owner failed to exercise ordinary care to control or restrain.

Arkansas has a statute of limitations for dog bites. Cases involving dog bites must be filed within a three-year time from the date the injury occurred. If you have any questions, consult with an Arkansas dog bite lawyer. The Pfeifer Law Firm handles many dog bite cases and has an experienced dog bite attorney who can answer your questions. Call us today for a free, no-pressure consultation at 501-374-4440. We are here to help.

March 4, 2015

Arkansas Medical Malpractice

Medical malpractice is defined as:

In treating a patient, a medical care provider must possess and apply with reasonable care the degree of skill and learning ordinarily possessed and used by members of his/her profession in good standing, engaged in the same type of service or specialty in the locality in which he/she practices, or in a similar locality. A failure to meet this standard is negligence.

Medical malpractice happens every day. Doctors and nurses make mistakes that sometimes result in devastating outcomes. A few primary types of medical malpractices cases we handle include:

Childbirth Injuries:

• Failing to anticipate complications arising from the baby being too large or complications from a tangled umbilical cord;
• Failing to properly respond to indications of fetal distress;
• Improper use of a vacuum extractor or forceps;
• Failing to perform a cesarean section when necessary.

Medication Errors:
• prescribing too much of a prescription medication;
• prescribing too little of a prescription medication;
• prescribing the wrong medication.

Anesthesia Errors:
• the failure to properly monitor the patient’s vital signs while under anesthesia;
• giving too much anesthesia;
• improper intubation.

Surgical Errors:
• puncture of internal organs;
• operating on the incorrect body part;
• failure to give blood when needed, resulting in death;
• a surgical instrument being left inside the body.

Delayed diagnosis or Misdiagnosis:
• Failing to timely diagnose a medical condition, ultimately causing unnecessary serious harm or death, that could have been successfully treated;
• Incorrectly diagnosing a medical condition, causing serious harm or death.

Medical malpractice presents itself in many different ways. There are many other ways not listed here that a person can be harmed by medical malpractice. If you or someone you know has been injured due to the negligence of another and you have questions, please call an experienced medical malpractice attorney at the Pfeifer Law Firm. You may call us at 501-374-4440 and speak to a medical malpractice lawyer for free or contact us online.

February 23, 2015

Airbag Recall

Recently Honda, Toyota, and Chrysler have recalled an estimated 2 million vehicles to attempt a second repair for defective airbags that may inflate inadvertently while the vehicle is running. This recall includes some Dodge Viper, Acura MDX, Honda Odyssey, Jeep Grand Cherokee, Pontiac Vibe, Toyota Avalon and Toyota Corolla models made between the years 2002 and 2004. NHTSA advised all vehicles that are a part of this recall for faulty air bags have already been included in a previous recall for faulty air bags, but the attempted fix to repair the defective airbags only corrected the problem approximately 85 percent of the time.
In the first recall, the faulty electronic control unit was only partially replaced. In this second recall the entire unit will be replaced, which is made by TRW Automotive Holdings Corp of Livonia, Michigan. The fix will be made available to affected cars by the end of 2015. The NHTSA is recommending that any person with a vehicle which was included in the first recall to have their vehicles repaired, then return to the vehicle’s dealer for a second repair, if necessary.
If you have questions as to whether your vehicle is involved in this recall, visit, then enter your vehicle information

January 4, 2015

Interesting Facts I Recently Read That You Might Want to Know About Car Accidents

1. If you are talking on your cell phone when driving, your chance of being involved in an accident is increased by 400 percent.

2. According to surveys conducted, male drivers are responsible for twice as many motor vehicle accidents than female drivers.

3. Of the following accidents, side impact accidents, rear-end accidents, head-on collisions, and rollover accidents, the rollover ranks highest for deadly accidents.

4. Individuals aged 16 through 20 are more at risk of being injured in an accident or being killed in a car crash than other age groups.

5. Approximately 40 percent of fatal crashes involved alcohol. That percentage increases by 75 percent if the accident takes place between the hours of 12 a.m. and 3 a.m.

6. Approximately 15 school-aged children are killed each year by school buses in pedestrian accidents. These fatalities usually happen between the hours of 3 p.m. and 4 p.m. on school days.

7. The majority of car accidents occurs within two to five miles from home.

8. Being involved in a car accident is the most common source of injury and also the most deadly.

9. Sports cars and – believe it or not – hatchbacks are the highest prone cars for being in an accident. Vehicles with bigger engines are at a greater risk of being involved in an accident.

10. 300,000 teenagers are injured in car crashes each year. In the U.S., 5000 teenagers die yearly. On average, that equates to 14 teenagers a day.

11. Every state has a seat belt law.

December 13, 2014

Texting While Driving

In Arkansas, bus drivers are prohibited from using cell phones while driving. A bus driver is allowed, however, to use a cell phone if the school bus is off the road safely and the parking brake is engaged. When our children are in the care of school personnel, it is reasonable to expect that he or she would be practicing safe driving habits.

According to recent news reports, an investigation was launched regarding a video produced by a student showing a Lake Hamilton school bus driver texting while behind the wheel driving. I read that the superintendent said that the situation was being dealt with as a confidential personnel matter and he would not disclose whether the driver was going to be disciplined for her act of poor judgment.

There are reports in other states of bus drivers texting while driving. In Connecticut, a school bus driver was caught texting while driving. The ensuing investigation revealed that the driver sent and received 1,068 text messages while she was operating her school bus in a one-month period. A Florida student used her cell phone to capture video of the school bus driver texting while driving. At the end of the student’s video, it shows the driver making a sudden move to grab the steering wheel as the bus appeared to drift into another lane of travel.

Texting while driving is dangerous for everyone involved. When texting while driving involves school personnel responsible for children’s safety, action needs to be taken immediately to ensure that this stops and that our children are safe.
We are role models for our youth. Practice safe driving habits at all times. Your good example could save lives. The Pfeifer Law Firm has handled many texting while driving accidents cases. The injuries caused by these accident could have been avoided if the driver of the other vehicle would just put down their phone and practice safe driving habits.

December 3, 2014

Reasonable Accomodation Under the Americans With Disabilities Act

In Casteel v. Charter Communications, Inc., No. C13-5520 RJB (W.D. Wash. Oct. 23, 2014), a federal judge in Western Washington denied the employer's motion for summary judgment under the Americans with Disabilities Act despite the fact that the employee has been unable to work since July 2009.

The employer hired Mary Casteel in September 2007. In November 2008, she fell ill and was diagnosed with fibromyalgia. She requested and was granted intermittent leave under the FMLA or Family Medical Leave Act. In July 2009, Casteel was diagnosed with a form of cancer and started chemotherapy. She requested a medical leave from July 14 to August 15 to undergo treatment. Her doctor certified that her anticipated return date was August 15. She was not able to return on that date and her doctor extended her return date. Because the company’s policy was not to grant more than two 30-day leaves in a twelve-month period, the employer terminated Casteel’s employment.

While it is true that indefinite leave is not a reasonable accommodation,
Casteel suit, alleged that Charter violated the ADA by not granting her additional unpaid leave as a reasonable accommodation. The employer filed for summary judgment on Casteel’s ADA claim. The employer argued that the only accommodation that existed was an indefinite leave, which is unreasonable. The District Court denied the motion and
pointed out that employer did not attempt to clarify whether a February 2010 return date provided by her doctor was incorrect or speculative. The District Court ruled that the employer could not only rely on its maximum leave policy to terminate employment without considering whether a reasonable accommodation would be appropriate. Because there was a dispute concerning whether granting additional leave would have been a reasonable accommodation, the the District Court refused to dismiss Casteel’s claim as a matter of law. In addition, the Order noted that if an additional leave would have been a reasonable accommodation, the ADA places the burden on the employer to show that an accommodation would be an undue hardship.

This is a very interesting case and hopefully other courts will analyze the ADA in a similar fashion.

October 15, 2014

Arkansas School Bullying Law

Do you know of someone who is or has been bullied at school? The psychological effects are sometimes lifelong. School bullying statistics show that an alarming one in four children are bullied regularly in the United States. With advanced technology, texting and computers are also used to bully and harass kids. We have all seen in the news and read in the newspaper of someone who took their own life as a result of being bullied. No child should have to suffer through this type of abuse. You can make a difference by talking with your kids and making sure they understand what bullying is and that it is wrong. Talk with your children and help them to understand how damaging bullying is and encourage them to be nice to the children who are being bullied. Your child could make a difference in that’s child life. Monitor your child’s text messages and Facebook accounts. If you see that a child is being bullied, step in and be proactive in making it stop. Don’t assume that someone else will take care of it. If you know this is happening to a child, be the hero and make it stop.
According to experts, here are some signs that YOUR CHILD may be the victim of bullying:

1. Unexplained scrapes, cuts, bruises.

A tenth of students being bullied admitted to being pushed, tripped, shoved or spit on by a peer.

2. A change in appetite.

Teenagers usually eat well. If your child loses suddenly loses his or her appetite he or she may be the victim of bullying.

3. An unusual amount of sick days from school.

A survey conducted in 2011 by the U.S. Departments of Justice and Education found that 5 percent of 12-year-olds to 18-year-olds admitted to missing school because of intimidation issues from another child.

4. Personal belongings come up missing.

Money, electronics, jewelry or toys missing? If your child is usually responsible and is all of a sudden missing items or coming home with his or her belongings being damaged, he or she could be being bullied at school.

5. Declining grades.

If your child loses interest in hobbies, social gatherings or activities he or she was once passionate about, you may want to ask questions about why that is.

6. Harming themselves.

Bullying victims sometimes self-harm because they have feelings of worthlessness. This may include cutting themselves, pulling out their hair, or suicide attempts.

7. Isolation.

If your child was once social and has become withdrawn, he or she may be trying to avoid intimidation.

8. Avoidance.

If your child is missing the school bus, skipping classes, or asking you to take him to school, has changed his or her route to school or home from school, or is requesting to change schools, there is an issue. If they do not want to talk about it with you, this is also an indication that something is not right.

9. Loss of sleep.

Being bullied is an extremely stressful situation and loss of sleep may be the body’s way of dealing with this stress.

10. Being excluded from social activities.

If your child once enjoyed social activities with their friends at school, but now you find him or her secluding themselves and not wanting to be with others, talk to them.
If you feel there may be a problem with your child or a friend of your child, don’t let it go. They may be reluctant to talk at first, but with your support and friendship, they will hopefully confide in you. Talk to school officials or others if you suspect bullying.
If the bullying continues or causes injury to your child, it may be prudent to speak with an Arkansas lawyer to discuss if something can be done to stop the problem or remedy the situation. I also urge parents, students and school employees to read Arkansas Code § 6-18-514 – “Antibullying policies.”

September 26, 2014

Hit-and-Run Accident law in Arkansas

Hit-and-run accidents are more common than most of us may think. These types of accidents occur for various reasons, such as the driver having no insurance, the driver being involved in legal issues, the driver leaving the scene out of fear or the driver is intoxicated. Nearly 30 percent of drivers in the United States are uninsured. For this reason, it is important that you carry uninsured and underinsured motorist coverage on your insurance policy, so that you are protected in the unfortunate case that someone who does not have auto insurance or has minimal coverage hits you.

Here are some helpful tips if you suffer a hit-and-run accident:

1. Get details quickly before the driver gets away. Get the license plate number, make and model of the vehicle, color of the vehicle, and any information about the driver that you observe; 2. Call the police and file a report; 3. Get medical treatment if you are injured; 4. Call your insurance company; and 5. Contact a car accident lawyer.

If you are the victim of a hit-and-run, get details quickly. Try to get the license plate number, or as much of it as possible, and call the police immediately to report the accident and give them your location. If you have passengers in your car at the time, ask them to get as many details of the vehicle as they possibly can, before the vehicle gets away. Details such as make, model, vehicle color, and driver information will be extremely helpful to law enforcement. Getting the color of the vehicle that hit you will not only be important to law enforcement when they attempt to locate the automobile, but your insurance company will also need this information if you make a property damage claim through your insurance policy to help them determine what damage was caused by the hit-and-run accident and what damage, if any, was previous damage to your vehicle.

You will need to file a report with your local police department. Calling to report the accident to the police is not sufficient. Your insurance policy will require you to file a report with the police department.

Go to your local emergency room or your family doctor as soon as possible if you feel that you are injured. It is important to seek treatment immediately if you are hurt so that the insurance company will not try to blame your injuries on something other than the wreck. If you wait a while to seek treatment, this gives the insurance company the opportunity to blame your injuries on other activities you may be involved in or another injury you may receive that is unrelated to the accident.

Call your insurance company. Your adjuster will be able to tell you or your lawyer what coverages your policy holds, if you don’t already know. In order for your insurance company to pay for any damages, you must carry a certain coverage called collision coverage and/or uninsured property damage coverage. These coverages have a different deductible and requirements, so talk with your attorney about the details. Usually, an attorney will recommend that you get a few estimates to repair the damage done to your vehicle. Doing this immediately after the accident will speed up the process of getting reimbursement from the insurance company to get your vehicle repaired. You may be asked to make your vehicle available for an insurance adjuster to come to your home or place of business take pictures. Different insurance companies handle the property damage part of the claim differently. Therefore, it is important to have your car accident lawyer explain to process to you. If you or a loved one has been involved in a hit-and-run accident and would like to talk with an experienced hit-and-run car accident attorney, please call The Pfeifer Law Firm at 501.374.4440. We will answer any questions you may have at no charge. You may also contact us online for a free initial consultation.

August 1, 2014

Arkansas Boating Accidents

Unfortunately boating accidents happen, and when they do they are often serious. Arkansas has 600,000 acres of beautiful lakes and over 90,000 miles of streams, creeks and rivers. Many of us love spending time boating and fishing, but it’s important to remember boating safety when you’re out on the lake. In an Arkansas 2013 the year-end-report , it was reported that boating accidents declined from the year before, but they still happen far too often.

Simply paying closer attention while you’re on the water could prevent many accidents. When you are operating a boat or watercraft on the lake, you don’t have as much control as you do when you’re behind the wheel of a vehicle, therefore it is important not to put yourself in situations where you might need to stop quickly or change directions quickly. Many accidents happen when excessive speed is involved and the driver loses control. Unfortunately alcohol also plays a large part in the amount of boating crashes that happen.

There are so many forms of entertainment on the water. Whether you are swimming, jet skiing, tubing, wakeboarding, skiing, or simply on your boat enjoying the weather, you must always be paying attention to your surroundings. Drivers have to be aware and watch for other boats and watercraft at all times, as well as swimmers. Jet skis can be a lot of fun and a great form of entertainment but can cause serious injury or even turn deadly when used in the wrong fashion. My family and I were on the lake this past summer and observed two jet skis driving at excessive speeds in a figure 8 pattern when one driver got too close to the other jet ski and they crashed. The driver was thrown from his jet ski and was injured. This is just one example of how quickly a good time can turn devastating. Boating accidents happen in various forms, from hitting other boats, to colliding with jet skis, to running onto shorelines. Most can be avoided if the driver was simply paying attention to their speed and their surroundings.
If you are interested in learning more about boating safety or taking classes on boating safety, visit and you can sign up for classes or familiarize yourself with boating laws and responsibilities. If you were born before January 1, 1986, you are not required to obtain a certificate in boating education, but it is always a good idea to educate yourself. If you were born after this time, you must have the appropriate certification to legally operate a boat or watercraft.
Enjoy the rest of the summer, and be safe out there. Please contact an Arkansas boat accident lawyer if you or a family member suffer a boating injury.

July 30, 2014

Arkansas Pedestrian Accidents

Pedestrian accidents are on the rise. In the past week there have been several pedestrian accidents in the news. Downtown Little Rock is one of many places in Little Rock that pedestrian accidents are becoming more of an issue than ever before. The downtown area is a very highly populated area during rush-hour traffic times, and with more people on foot as they walk to their cars a after a busy workday, coupled with the pedestrian traffic of tourists visiting our beautiful city, it is more important than ever to slow down, put our cell phones down as we drive, and pay attention to the traffic lights and crosswalks. Pedestrians should feel safe when they enter a crosswalk. Taking our eyes off the road for mere seconds could have devastating results. As we all know, there are many times when pedestrians cross the street in areas where there are no crosswalks, so we can’t assume that just because there aren’t crosswalks in our path of travel that there will be no pedestrians stepping in front of us.

It is known that most injuries from pedestrian accidents usually occur in cities. However, fatality pedestrian accidents are distributed evenly between cities and rural areas. Most fatalities involve males above the age of 25, and the majority of injuries involves males ranging in age of 5 to 14 years. Most pedestrian accidents happen during daylight hours.

It is important that we are aware that pedestrian accidents are becoming more frequent. When you are behind the wheel, please be aware at all times of your surroundings. Your attentiveness just might save a life.

July 3, 2014

Log Truck Driver in Deadly Accident in Arkansas

A Log Truck Driver in a deadly accident had his probation revoked. According to news accounts, the truck driver admitted to the police that he used meth before a wreck that occurred in Clinton, Arkansas. The reports indicate that it is still undetermined when the meth was used and if it was a cause of the log truck overturning.

The truck accident injured multiple people and killed two construction workers. The initial reports indicate that a tire blowout was the cause of the wreck. It seems that the investigation is still ongoing and the Arkansas State Police are looking at other possible causes. In truck accident case the cause of the wreck is initially undetermined. It is important to look at all possible causes such as tire failure, driver fatigue, reckless driving or intoxication.

Truck accidents cause serious injury and often result is death for the victims. It is important that truck drivers obey all traffic laws and DOT regulations to make Arkansas highways as safe as possible.

March 13, 2014

GM Auto Defect Recall

GM has recalled 1.6 million vehicles due to a serious product defect. The following are models being recalled by General Motors:

2005-2007 Pontiac G5 Sold only in Canada
2005-2007 Chevrolet Cobalt Sold only in Canada
2005-2007 Pontiac Pursuit Sold only in Canada
2003-2007 Saturn Ion
2006-2007 Chevrolet HHR
2006-2007 Pontiac Solstice
2007 Saturn Sky

If you own one of these vehicles, GM asks that you remove all the keys from your key chain and take the vehicle to the nearest dealer immediately. These vehicles have been recalled due to a malfunction defect with the ignition switch, causing the key to move or switch into the “off” mode. When this happens, the engine and electrical systems shut down and air bags fail to deploy. GM has said that heavy key chains or jarring may cause the switches to move out of an "on" position. There have been several deaths related to this recall. GM may have known of this issue with the ignition switch as far back as 10 years ago, yet they did nothing.

An analysis reports over 260 complaints were made to NHTSA over the past 11 years.

In Wisconsin, three young girls were involved in a serious crash when the Cobalt vehicle they were driving slammed into a tree in 2006. The auto crash occurred after the ignition switch in the Cobalt they were driving switched off, locking up the steering. Lawsuits claim that General Motors knew of this ignition defect in 2004, but never recalled these vehicles.

In 2009 a TV station in Raleigh, North Carolina reported that a 2007 HHR stalled on a railroad track. The driver quickly restarted her vehicle and was able to move her vehicle from the tracks, but stated it was a problem that kept recurring. The driver stated that she had taken her vehicle to the dealership for repair five times and the problem was not resolved.

There have been reports to NHTSA by two different owners of the HHR models that air bags did not deploy in a front-impact crash.

This recall affects an estimated 1,367,146. vehicles sold in the United States.

If you, or someone you know, have been affected by this General Motors recall and have questions, call an experienced product recall or product defect attorney at 501.374.4446 or contact us online for a free consultation.

Most importantly, if you are driving one of these GM recall vehicles, please take it to the nearest GM dealer as soon as possible. Remove the key from your key chain before driving it. If you are unsure if you are affected by this recall, call your GM dealer and ask if your vehicle is part of this GM products defect recall.