Orange County Personal Injury Lawyer - dog bites - Most Commented

Dog Attacks on Dogs

IB Contributor — Sat, 09 Dec 2006 14:00:00 GMT

I receive inquires regarding dogs attacking dogs such as the following, a few times a week.

While walking my pregnant Yorkie on a leash, she was ripped out of my arms and brutally killed by a large, unrestrained dog. My Yorkie suffered a horrible, horrible death. This is the most brutal and traumatic event I have gone through and there doesn't seem to be any protection or justice for my pet. (paraphrased)

Dogs are "personal property" under the law and are treated as any other personal property we may own. When property is damaged or destroyed due to the fault of another person, our laws generally provide that the negligent party is responsible for the repair or replacement of the damaged property. For example,

If I negligently cause an auto accident and damage your automobile, I will be responsible for the damages I have caused to your auto. Therefore, I am responsible for the cost of repairing your auto to its pre-accident condition or paying the fair market replacement cost of your automobile.

Following that same reasoning, if instead of my automobile causing damage to property due to my negligence, my dog causes damage to property (another dog) due to my negligence, I am responsible for the damages my dog has caused. I am responsible for the repair or replacement of the damaged property. In the case of an injured dog, I would be responsible for any resulting medical expenses. In the case of my dog killing another dog, I would be responsible for the reasonable replacement cost of the dog. If the deceased dog was pregnant and the puppies did not survive, then the damages would include the value of the unborn pups.

Negligently injured people have a right to recover financial compensation for "pain & suffering". Property, including dogs, do not have such a right. No matter how much suffering a dog may have endured in a negligent and horrible attack, neither the dog or its owner, are entitled to any compensation for "pain & suffering".

Theocratically, under the laws of California, it may be possibly to make a case for "negligent infliction of emotional distress". Under this theory, the deceased dog's owner could demand compensation from the attacking dog's owner for the emotional distress suffered in experiencing the event, fearing being attacked and watching the attack.
Under California law, dog owners are strictly liable for attacks on people (there are exceptions). This means that if you are attacked by a dog, the dog's owner is responsible for all resulting damages, with very few exceptions. Generally, if the attacking dog's owner owns a home, his/her homeowner's insurance will cover all damages up to the general liability limit of the policy.
Please do not accept this very cursory overview of this subject as the complete or last word on the subject. There is much more law and theory that I could add. Please do not attempt to use this information as the full spectrum of information to be taken into account in dealing with the subject matter or your particular circumstance. If you have a legal questions or a claim to pursue, get a full consultation. The best personal injury law firms and the better law firms that specialize in dog bite or dog attack cases will provide an in depth, no cost to you, consultation. If you have questions or need some guidance, email or call us. We provide no cost, no obligation consultations to injured people and the family of deceased accident victims nearly every day.

Originally posted at InjuryBoard by IB Contributor

How's this for irony?

IB Contributor — Sun, 10 Jun 2007 00:01:29 GMT

Court Hearing to Save Pitbull a Day after Pitbulls Attack Tustin woman and Maul her Dog

Early Wednesday morning, two female pitbulls snatched a poodle from the arms of an elderly woman in Tustin and mauled the little dog in front of her eyes, in her front yard, according to an article in The Orange County Register.

On Thursday morning, a Westminster woman's attorney begged an Orange County Superior Court judge to spare her pitbull who had allegedly bitten her friend's daughter, causing the 23-year-old woman to have reconstructive lip surgery, according to another article posted on the Register's Web site.

These are two separate cases and incidents of course. But both tell us the same thing. Pitbulls are vicious dogs and must be treated as such.

In Tustin, Nan Haacker, a woman in her 70s, was taking her poodle, Wolfgang, for a routine morning walk. She was accosted by two female pitbulls as she existed her front door. She clutched the little dog close to her as the two pitbulls looked at her menacingly. The pitbulls then lunged at Haacker and started biting her on her arms and knees. Eventually, the pitbulls got their kill - the little poodle. Haacker was left with a broken heart and bloodied hands.

Officials say both dogs had collars, but no tags. They believe that the owner of the dogs must live close by. Animal control officials were able to catch both pitbulls after scouting the area for hours. Both were sent to the Orange County Animal Control Agency where they will be kept quarantined. If their owner does not claim them in 10 days, they will be euthanized, officials said.

Meanwhile in the county courthouse Thursday morning, 53-year-old Sheri Moody argued that her pitbull, Brutus, deserves to live although the city of Westminster determined that he is a "vicious dog" and must be euthanized. Moody is basically appealing that decision while the pitbull is being held at the Orange County Humane Society. Moody's attorney told the judge that the dog does not deserve to die and what happened was either "a freak accident" or happened because the dog was somehow provoked.

We've represented hundreds of dog bite victims and guess what breed of dog has caused the majority of serious injuries? Pitbulls! Pitbulls and rottweilers have been the culprits in nearly 80% of the dog bite cases we have handled in the last five years.

As lawyer continually handling serious dog attack cases for the last 29 years, there is no question that these breeds are dangerous. Several cities around the nation are considering enforcing bans on these specific breeds of dogs. And I bet each of them has their own list of reasons for singling out these two breeds of dogs.

If you or a loved one has suffered injuries or have been attacked by a vicious dog, contact us for a free, confidential consultation and a discussion of your options.

Originally posted at InjuryBoard by IB Contributor

Vallejo Pit Bull Bites Child; Kills Dog

Chrissie Cole — Wed, 19 Sep 2007 16:45:02 GMT

A pit bull is being held in quarantine at, Solano Animal Control, after killing another dog and biting a child at a Vallejo Park, on Wednesday.

Two groups of children were playing at the park when the dog attacks occurred, according to Vallejo Animal Control and witnesses. One minute they are playing and the next they were screaming. The pit bull grabbed a smaller dog from the arms of a young girl. The dog, a Maltese, was dead on arrival. The little girl suffered a dog bite to her left hand, according to Vallejo Animal Control.

Vallejo Animal Control showed up within minutes. Officials are expected to review the case and determine the fate of the dog.

The kids were walking the pit bull for a family friend when the attack occurred.

For more information on this subject, please visit our section on Dog Bites.

Originally posted at InjuryBoard by Chrissie Cole

Dog Bite Punctures Toddler's Eye

Chrissie Cole — Sat, 11 Aug 2007 22:33:51 GMT

A two-year-old boy was hospitalized after suffering a dog bite that punctured his left eye on Tuesday.

The boy, whose name was not released, was taken to Terre Haute Regional Hospital and then transported by helicopter to Methodist Hospital in Indianapolis. As of late Tuesday, his condition was unknown.

The boy was attacked by the dog when his mother was house-sitting while the homeowners were in California, according to police. The boy put his hand in the food bowl of the homeowner's Great Dane and the dog bit his hand.

As the responsible party for the dog at the time of the accident, the mother ordered the dog be quarantined until officials were able to confirm that his shots were up-to-date, police said.

The accident is not being considered a criminal matter by police.

For more information, please read our section on dog bites. If you or someone you love has suffered a dog bite, you can contact one of our personal injury lawyers for a free consultation by using the form located on the right.

Originally posted at InjuryBoard by Chrissie Cole

Woman Suffers Pit Bull Bite

Christina Cole — Sat, 19 May 2007 21:13:50 GMT

An elderly woman suffered serious injury to her right arm, on Thursday, when she was attacked by pit bull terrier that had bitten her in the past.

The attack occurred while the victim was visiting the dog owner's home. It appears the bite was unprovoked whilst the women were chatting in the living room during her visit.

The victim was transported to Memorial Hospital in Santa Rosa by ambulance where she was admitted. Animal Control took possession of the dog taking him to the animal shelter.

The five-year-old pit bull has a prior history of biting and attacking another dog and the same woman.

There was an abatement in place which prohibited the dog from being walked without a leash and muzzle, and stipulated that at all other times he had to be confined to his property.

This marks the second vicious attack in one less than four weeks. On April 29, two Rottweilers attacked a 7-year-old boy who lived across the street from the dogs. The boy, is slowly recovering.

Originally posted at InjuryBoard by Christina Cole

Officers kill pitbull after attack

IB Contributor — Thu, 10 May 2007 19:22:19 GMT

Two pitbulls attacked an Idaho man Tuesday morning, biting him more than 30 times before they were shot at and subdued by local animal control officers, according to a news report posted on KTVB News' Web site.

Officers shot and killed one of the dogs and took another one to the Idaho Humane Society, the article says. Peter Olson said he was attacked by the dogs when he came out of his house to drop off some mail in his mailbox at about 5:30 a.m.

Just then he heard the dogs barking and looked up thinking it was his neighbor's lab. But then he noticed two pitbulls headed his way. In fact, they were coming straight for him. Olson told the TV station that he tried facing the two animals hoping they would back away. When they didn't he started swinging his lunch box. But that didn't stop them either. Then, Olson said, the animals lunged at him grabbing his legs.

He yelled for help over and over. But when he realized no one could hear him, he knew that he simply had to continue fighting for his life.

"I reached up and actually I remember grabbing one by the lower jaw in his mouth I have two puncture wounds that probably came from that, those two or those two, the other one," he said.

Olson was able to get back to his garage door, punched in the code and work his way inside, eventually making it to safety. At the hospital he learned he had nearly 30 bites. He says he's glad it happened to him instead of the kids who live nearby.

"This was a whole jaw print, at the hospital, you could count every tooth from the top of the saw and the bottom of the jaw," Olson later said. He doesn't believe the dogs are from his neighborhood, but says he is not too sure about that. Olson is going house to house with a picture hoping someone will recognize the animals.

This is exactly the kind of scary incident that can very well happen with pit bulls, whether they are your own animals or those that belong to a neighbor or someone else. Several U.S. cities are considering legislation banning pitbulls because they have proved themselves to be a dangerous breed of dogs. It will be interesting to see the type of legislation that comes out of that debate - and rest assured, it will turn out to be a quite a debate.

At Bisnar|Chase, we've been convinced beyond doubt that these are dangerous dogs. We've seen the horrible injuries. We've referred many clients to plastic surgeons because of the severity of their wounds. If you or a loved one has been injured by a dangerous dog or because of a negligent dog owner, contact us to find out about your legal options.

Originally posted at InjuryBoard by IB Contributor

Dog attack-and-run

IB Contributor — Fri, 30 Mar 2007 15:43:51 GMT

Christine Hyatt might want to blame Helen Keller for the near fatal dog bite inflicted on Maddy (short for Madeline), her family's miniature dachshund, because Helen Keller is credited with bringing the first Akita into the United States in 1937. And, it was indeed an Akita that not only brutally attacked Maddy, the valued family pet, but who also left Christine Hyatt with her arm in a sling and her finger heavily bandaged after it was necessary for her to seek a plastic surgeon for her injuries .

According to a popular internet Dog Owner's Guide a.....properly trained Akita will learn to tolerate other animals and not go looking for trouble, but the owner must never forget the dog's inherent drive to be the top dog at almost any cost.

However, Christine Hyatt also might want to blame the Newport News and their first dog park "Fido Field" for her and Maddy's injuries. According the the Newport News Department of Parks, Recreation and Tourism the dog park, which has only been open for a year, Fido Field is a 1.5 acre facility that is surrounded by a 5-foot fence with a double gate entry, and there is 1/8 of an acre fenced within the park that is reserved for small dogs (20 pounds or less) . These facts are especially important when you realize how and where Christine and Maddy's injuries occurred.

Christine and her family visited Fido Field for a family day and to exercise Maddy when from out of nowhere an Akita attacked Maddy, grabbing Maddy by the neck. According to Christine, "By the time we turned around, the dog already had my dog, the neck in his mouth."

Maddy lost a lot of blood and is sporting a tube in her neck and bright orange bandages wrapped around most of her 'minature' body after her encounter with the Akita.

According to the article, owners with problem dogs are responsible and liable for their dog's behavior, but that will hardly help Christine because the Akita's owner and the dog disappeared immediately after the attack. Maybe the better question is why did the park let an Akita, who weighs between 80-100 pounds, depending on gender in the specifically designated park area for small dogs less than 20 pounds? Miniature Dachshunds weigh around 20 pounds, and she didn't stand a chance against the Akita.

But, that isn't even the end of the story!! Even though the park rules indicate that owners must purchase an annual pass and owners must also 'show proof that their dogs are licensed and up-to-date on their immunization record', if the Akita and her owners cannot be found Christine will have to undergo the long, painful process of treatment for Rabies. That consists of six shots over a 28-day period.

Originally posted at InjuryBoard by IB Contributor

It's no walk in the park, when it's full of dogs

IB Contributor — Tue, 27 Mar 2007 01:49:55 GMT

According to some Washington DC moms, a walk in the part isn't, when the park is full of dogs. One DC mom indicated, "I speak for many of the mothers who are petrified by the dogs that roam Kalorama Park, off-leash". Dogs bite!! Dogs that are off-leash violate DC law . This mom and others like her don't want to be named, and they are afraid to speak out because they worry they will be harassed the next time they take their family to the park.

Apparently, this ongoing feud between dog owners and the DC dog-free citizens, has been going on ever since some proposed DC rules have been released, which govern the creation and use of so-called 'dog parks'. According to some, the delay in the promulgation of rules have left dogs and their owners to act carte blanche, with "no rules" what so ever. Citizens scream that their once lovely parks with beautiful plazas are being destroyed, and they argue that the Department of Parks and Recreation must act immediately in response to health concerns.

The moms say that the result of all of this turmoil is that many ordinary citizens, who are fearful of the many dogs that roam the parks, are just not going to the park-and that doesn't seem to be fair!

Maybe the DC moms should try what San Diego tried? Robin Kaufman, of San Diego, worked for five years to open a two-acre, off-leash, park in the Rancho Bernardo area. Robin works as a go between for the dog park and the public, working closely with the city's Parks and Recreation department with a goal of making the off-leash area run smoothly. Even with this type of cooperation, dog owners must realize that if 'man's best friend' goes wild it could cost them in the pocket!

In most states, the owner of a dog has various types of liability ($$) for injuries caused by their dog, if it bites someone. In California, a dog's owner is "strictly liable" for dog bite injuries, even if they did not know their dog had dangerous propensities.

According to a popular internet site, Dog Owner's Guide, more than one million people are bitten every year, and that doesn't count the large number of bites that go unreported. Experts have reported that dog bites account for one percent of all emergency room admissions to hospitals-costing $30 million annually, in health care costs .

The point is-Don't let your dog-gone dogs go dog-gone wild!!! Dog bites can kill or maim!

We are seeing a rise in dog attacks and bites in "dog parks". Be carefully of your small dogs and yourself when in a dog park.

If you need a consultation regarding a dog attack issue, contact me.

Originally posted at InjuryBoard by IB Contributor

Man Looses Hand In Pit Bull Attack

IB Contributor — Thu, 15 Feb 2007 16:29:41 GMT

Pair of dogs viciously attack 59 year old man.

Two pit bull dogs ripped apart a man's left hand and badly mauled his right arm before bystanders were able to beat the dogs away in Memphis, Tennessee this week, according to an Associated Press report. Doctors had to amputate the man's left hand. They saved his right.

"I couldn't believe I wasn't dead," James Chapple said from his hospital bed. "I was kicking and screaming at them to let me go, but they kept dragging me -- they had my hand and wouldn't let go."

Chapple, 59, was walking home from the bus last week when the dogs ran out from an auto repair business and attacked him. The dogs were captured by Memphis Animal Services who will euthanize them, authorities said.

What should we, as a society, be doing about the growing number of deaths and catastrophic injuries that this one breed of dog is causing? Simply holding the negligent dogs' owner legally responsible isn't enough. Mr. Chapple will not get his hand back. We need preventative measures rather than compensation.

A Google search for "dog attack prevention" yields a long list of websites devoted to preventing attacks by dogs. There are a number of dog attack prevention publications for sale such as Melvin MeKenzie's, Fear No Dog: Simple Self-Defense Techniques, which apparently employee simple marshal arts techniques and whatever objects are available to deter a dog attack. Had he known, I am sure Mr. Chapple would have put such techniques to good work.

How about if we outlaw the breeding and importing of pit bulls? We allow pit bull owners to keep their dogs as long as they are spaded or neuter. Should Pit bull owners be held strictly liable for all damages the dogs do with very few exceptions. they be required to carry liability insurance or post a sizeable bond to ensure their ability to respond to damages, much like our auto insurance requirements.

Originally posted at InjuryBoard by IB Contributor

Boy Mauled By Neighbor's Rottweilers

IB Contributor — Sun, 21 Jan 2007 19:18:30 GMT

A 9-year-old boy is in hospital and in need of plastic surgery after being attacked by three of his neighbor's Rottweilers, that chased him into his home, according to a BBC News report.

The dogs, a neighbor's pets, were supposed to be secured in the neighbor's kitchen, but somehow escaped from the house and attacked the boy.

The child, who suffered more than a dozen bite wounds to his face, back, arms and legs, may possibly need plastic surgery, the news report said. One of the Rottweilers has been put down.

This is the third in a string of dog attacks - read Pit-Bulls and Rottweilers - in England in recent months. On New Year's Day, 5-year-old Ellie Lawrenson was mauled to death by her uncle's Pit-Bull Terrier. And last year 5-month-old Cadey-Lee Deacon died after being attacked by two Rottweiler guard dogs.

In California a dog's owner is strictly liable for bite injuries their dog causes. There are exceptions but very few. This means if your dog bites someone, you are legally at fault. Homeowners' insurance companies pay out over a billion dollars in dog related claims a year.

Keeping a Pit-Bull Terrier or a Rottweiler as a pet is like keeping a lion or tiger as a pet. Keeping one of these dogs is putting the entirety of your assets on the line for a pet. Over 70% of the dog attack cases we have handled have involved Pit-Bull Terriers and Rottweilers. We have handled so many dog attack cases that we have special protocols for assisting the victims, suggesting plastic surgeons, collecting evidence, calculating damages and producing demand packages for presentation to the offending dog owner's insurance company. Some of the plastic surgeons will wait to get paid until the injured person resolves their case if we vouch for the client and their case.

Here is a Web site that offers a lot of prevention tips, including how to read a dog's body language, www.doggonesafe.com.

We provide victims of dog attacks in depth, no cost, not obligation consultations and guidance.

Originally posted at InjuryBoard by IB Contributor