Oakland Personal Injury Lawyer Blog

Recently a Denver news anchor was bitten on the face by an Argentine mastiff. The dog had been saved from an icy reservoir the day before. The newsperson was interviewing two safety officers while petting the dog's head. She then made the tragic mistake of putting her face near the dog's head. The dog jumped towards her and bit her on the mouth. She was taken to the hospital where she underwent plastic surgery on her mouth. Her face required 70 stitches to repair. Apparently, she will require future surgery as well. The obvious safety point to remember here, which we often forget, is to never put your face near the head of a dog. Dogs bite about 4.5 million people each year. The most frequent victims are children, ages five to nine. Households with two or more dogs are five times more likely to be bitten than those living without dogs at home. With this in mind, I have outlined some safety tips to help prevent these kinds of injuries. The CDC has the recommended the following safety precautions:

• Before bringing a dog into your house, consult a professional as to which breed would best fit your home
• Avoid dogs with histories of aggression if you have kids
• Spend time with a dog before buying or adopting
• Spay/neuter your pet
• Don't play aggressive games with your dog, like wrestling
• Properly socialize and train your dog, teaching it submissive behaviors

For children, the CDC gives this advice:

• Do not approach an unfamiliar dog.
• Do not run from a dog or scream.
• Remain motionless when approached by an unfamiliar dog.
• If knocked over by a dog, roll into a ball and lie still.
• Do not play with a dog unless supervised by an adult.
• Avoid direct eye contact with a dog.
• Do not disturb a dog that is sleeping, eating or caring for puppies.
• Do not pet a dog without allowing it to seen and sniff you first.

California dog owners are responsible for injuries caused by their dogs, even if they have taken responsible steps to prevent the injuries from occurring. By virtue of the fact that one owns a dog, he becomes strictly liable for any injuries caused by his pet biting someone. California Civil Code section 3342 states that the owner of a dog is liable for damages suffered by anyone bitten in a public place or lawfully in a private place, including the home of the dog owner. If someone is bitten by your dog, they can file a claim for personal injuries against you. As the owner of the dog, you would be responsible for the person's medical bills, loss of earnings, and for their pain and suffering associated with the bite, and any disfigurement caused by the injury. As an Alameda dog bite attorney, I have represented numerous clients who have suffered very serious and permanent injuries caused by dog bites. By following the safety tips described above, we can all do our part to help reduce these serious and sometimes fatal injuries. Resources: Denver TV anchor bitten on face by dog has 'mouth stitched shut', Herald Sun, February15, 2012 Dog Bite Prevention, Centers for Disease Control and Prevention

A five year old Fremont girl was recently attacked by a German Shepherd causing her serious personal injuries. She was with her parents visiting friends when the dog, without provocation, bit the girl on her ear, severing the tip of it. She was taken immediately to the hospital. Reportedly, the dog had a prior history of other aggressive behavior and biting incidents. Local authorities euthanized the animal.

The law regarding incidents such as this is clear. Civilly, the owner of a dog is strictly liable for personal injuries caused by his animal. California Civil Code section 3342 states that the owner of a dog is liable to anyone who is bitten by their dog in a public place or lawfully in a private place, regardless of whether the dog had previously bitten anyone else. In other words, California places the responsibility for personal injuries caused by dog bites squarely on the dog owner. The owner is responsible for all damages caused, regardless of whether the owner was negligent in owning, training or otherwise watching over the animal.

In addition to the owner of the dog, others may also be legally liable for dog bite attacks. For example, a landlord may be liable if one of his tenants' dogs bites someone under certain circumstances. If the dog had dangerous propensities, or had previous aggressive behaviors, and the landlord either knew or should have known of the dog's history and failed to take reasonable precautions to protect the public against the dog, the landlord can also be held responsible for the personal injuries caused by the dog.

Dog bite attacks are generally covered by the owners' homeowner's insurance or renter's liability insurance. The insurance carrier is responsible for all medical expenses, costs of plastic surgery, scar revisions, and other reasonable and appropriate medical treatment. Additionally, the insurance carrier would be required to reimburse for any lost wages caused by the attack, and for general damages for pain and suffering. The pain and suffering component of the claim is often the largest component of the settlement, as there is often permanent physical scarring and emotional trauma as well.

Dog bite attacks where there is scarring should not be settled for at least one year following the injury. The reason for that is that it generally takes one year for the scar to completely heal. At this point, a well qualified plastic surgeon can evaluate what type surgery, if any, would best ameliorate the scar. A report can also be obtained at this point fully documenting the need for any and all future treatments and the costs thereof.

As a Fremont personal injury lawyer who has represented numerous dog bite victims over the years I know how traumatizing these attacks can be. I also know the importance of getting top notch medical care and retaining the best plastic surgeons to properly evaluate these injuries. If you have been bitten by a dog, you should know your legal rights and be treated by a plastic surgeon who is attentive to the needs of dog bite victims in order to be fairly compensated for your personal injuries.

Resource:

Oakland Tribune, Dog bites, injures 5-year-old Fremont girl, April 28, 2011

On January 11, 2011, a fifth grader was walking down the street in Vallejo when he was attacked by a pit bull. The pit bull had been under the control of a friend of the owner when he went after the young boy. The dog bite took a large piece of flesh out of the young boy's arm. Police are investigating whether the dog was intentionally let go, as claimed by the boy, or whether it escaped accidentally.

As an Alameda personal injury lawyer, the question arose in my mind, whether pit bulls are any more likely to bite and harm individuals than other breeds of dogs. It turns out the Center for Disease Control did a twenty year study to specifically address that question. The study covered the years 1979 through 1998. It looked at 25 different breeds of dog. The pit bull and the rottweiler were responsible for 67% of the dog bite related fatalities investigated, with the pit bull causing the most deaths.

The study seems to vindicate what we already intuitively know--Some breeds including the pit bull are simply more dangerous than others. Knowing this, shouldn't owners of such animals be required to take special precautions to protect the public from their dogs to prevent attacks like those against the young Vallejo boy? Shouldn't landlords and other property owners be held accountable for personal injuries when they let their tenants keep dangerous dogs on their premises, knowing they are more likely than other dogs to cause serious, and sometimes fatal injuries?

Victims of dog bites should know their legal rights. They may have legal recourse against the owner of the dog, and others such as landlords and property owners where the dog resides.

Resources:

ABC News, Pit bull attacks 5th grader, police won't treat as crime, January 12, 2011

CDC Special Report, Breeds of dogs involved in fatal human attacks in the United States between 1979 and 1998, September 15, 2000

According to the Centers for Disease Control and Prevention, nationally there are over 300,000 dog bite injuries per year. It is estimated that there are 17 deaths annually from dog bites. National estimates for hospitalizations associated with dog bites exceed 5,000 per year. The cost of dog bite claims has been on the rise.

The number of people admitted to the hospital for dog bites is related inversely to age. The younger the dog bite victim, the more likely the bite would require admission to the hospital. According to the American Veterinary Medical Association, children are the most frequent victims of dog bites. After children, the elderly and then postal workers are the most likely to attacked by a dog.

As an Oakland dog bite lawyer, I have seen how dog bite injuries can be disfiguring and permanent in their effects. Dog owners must be aware of the proper precautions to take to prevent their animals from biting others. Proper training, keeping the dog on a leash, not rewarding aggressive behaviors, and not keeping your dog penned up for long periods of time can help. The Center for Disease Control provides other tips to help reduce dog bites.

Dog owners who do not prevent their dogs from biting others are strictly liable for harm caused by their animals. Dog owners are monetarily responsible for pain, suffering, scarring, disfigurement, and economic losses such as medical expenses, and lost earnings which are caused by dog bites. You should know your legal rights if bitten by a dog.

Resources:

United States Postal Service, Dog Bites on the Rise in Sunnyvale, July 29, 2010

National Center for Injury Prevention and Control, Hospitalizations for Dog Bite Injuries

On September 29, 2010, A San Jose postal worker was attacked by two dogs, a pit bull and a German Shephard. The two dogs broke through a fence and then bit the postal worker several times. The letter carrier was later hospitalized for his injuries.

As a San Jose personal injury lawyer who has represented a number of postal workers, I have seen first hand the devastating effects of numerous dog attacks. The Postal Service reports that over 3,000 of its employees were attacked by dogs and suffered serious bites in 2007. According to the American Veterinary Medical Association, children, the elderly, and Postal workers are the most frequent victims of dog bites.

In California, the law regarding dog bites holds a dog owner strictly liable if their dog bites anyone. This is true even if the dog escapes from one's backyard or is on a leash. Therefore, in this San Jose dog bite attack, the owner of the dog will be responsible for all of the postal workers, medical bills, time off work, and compensatory damages for pain and suffering. The value of such claims is going up every year, and most recently averaged over $24,000.00 per claim.

Dog bites can leave permanent physical and emotional scars. If you have been bitten by a dog, you should know your legal rights. If you own a dog, you should take all necessary precautions to keep your dog enclosed in your home, and on a leash when you are out walking with it.

Resources:

United States Postal Service, Dog Bite Awareness, May 14, 2009

KLIV News, Postal Worker Attacked by Dog, September 29, 2010

I remember from my days of high school Latin, the term "Cave Canum"-- Beware of Dog. It appears the problem hasn't gotten any better since the old days of Rome. The Center for Disease Control calculates that there are 4.7 million dog bites per year in the United States. Of these over 800,000 result in the dog bite victim requiring medical care.

If your dog bites someone, generally your homeowners insurance will cover such a claim. A recent study by the Insurance Information Institute finds that the average cost of dog bite claims has increased to $24,840.00. Of course, many claims are settled for much more if the injuries result in permanent scarring, disfigurement or death. Each claim is different depending upon the severity of the dog attack and the harm to the victim.

In California, dog owners are strictly liable for injuries caused if their dog bites someone. This means that the owner is liable even if he is not negligent. Therefore, if you own a dog you should take all steps necessary, such as using a leash at all times, to prevent your dog from biting others. If you are bitten by a dog, you should know your legal rights in California. As an Oakland personal injury lawyer, I have seen the tremendous harm that can be caused when a dog viciously attacks some. If you have suffered a serious dog bite, you should review my article "What are Your Rights if Bitten by a Dog?"

Resource:

Insurance Information Institute, August 2010

A young seven year old Oakland girl was bitten in the face by a pit bull yesterday. A few days back a young boy in Walnut Creek was mauled and killed by a pack of five pit bulls. It seems every year or so there is another horrific dog mauling in the news. Is it the fault of the dog or the owner?

Over 300,000 dog bites result in emergency room treatment every year. It has been estimated that the medical cost of these dog bites, including hospitalization, doctors fees, and other related costs total over $164,000,000.00. These are just the economic costs.

As an Oakland personal injury attorney, I have personally seen the long lasting effects of a serious dog attack. The scarring from a dog bite can remain a life long memory of a terrifying attack. The psychological impacts of such attacks can be devastating if not dealt with by appropriate medical and psychological healthcare providers. If you have been bitten by a dog, you should obtain appropriate medical care and know your legal rights.

If you own a dog, you owe a special duty to the public to keep the dog on a leash. Almost every California County has a leash law--so it's your legal duty to do so. If you are a landlord and your tenants have dogs, you can be responsible for dog bites if you knew or should have known of the dog's dangerous history.

These serious dog bites can be prevented if we all take proper care of our animals. Remember, it's an animal. If we own a dog, we are the ones responsible for making sure it doesn't seriously injure someone. Let's not place the blame on the dog.

Resources

Oakland Tribune, July 26, 2010, Pit bull bites 7-year-old Oakland girl in the face

National Center for Injury Prevention and Control, Hospitalizations for Dog Bite Injuries