Wednesday, May 15, 2013

Elderly Amputee Dies After Dog Attack




I am still doing the research on SC dog bite law. But in California, when a dog attacks, the owner and controller of the dog is strictly liable for the attack. Some states have a one bite rule. So let's see how this pans out. The facts are as follows: A South Carolina 80 year-old double amputee has died from injuries suffered during an attack by four dogs that drug the elderly man from his wheelchair, according to authorities.

Major John Garrison spokesman for the Dorchester County Sheriff’s Department said that on May 8th Carlton Freeman of Harleyville was riding in his motorized wheelchair when he was attacked by the canines. Garrison said an incident report states that Freeman said he was drug from his wheelchair during the attack. The attack occurred in a location approximately 50 miles northwest of Charleston, South Carolina. Freeman said in the report the dogs were biting him and pulling on his clothes. Freeman died on Sunday from the injuries sustained during the dog attack.

Tuesday Coroner Chris Nesbit stated the elderly man had both legs amputated at the knee from an injury that happened years before. The coroner said in a statement that Freeman had bites and lacerations over his entire body and he said he was surprised the elderly man lived as long as he did. He said it was sad, but was even worse because Freeman was “basically helpless during the attack, since he was a bi-lateral amputee.”

According to Maj. Garrison officers were able to capture three of the four dogs, which were taken to the animal shelter. He said officers are still trying to locate the fourth dog involved in the attack. Three of the four dogs were owned by a woman that lived in the neighborhood, according to a police report that also stated blood was found on the dogs.

Police have not made any arrests in the dog attack and death of Mr. Freeman. Authorities said this is the second fatal dog mauling in the county in a little over 12 months, with the first attack in 2012 involving a 2 year-old child that was pulled from a baby swing by the family dog, while the baby’s father was asleep. The child was killed and dismembered in the attack.  

Resources: http://www.kctv5.com/story/22258080/sc-amputee-80-dies-after-being-attacked-by-dogs

Tuesday, July 17, 2012

People Injured in Two Dog Attack While Walking

July 17, 2012 - According to reports several people were injured when attacked by two dogs, while walking in Whittier. According to authorities the dog bite attack occurred at approximately 3:00 p.m. in the 76000 block of Greenleaf Avenue in Whittier, Monday.

Police said three pedestrians were attacked by the two dogs, with one being an 11 year old by that had serious injuries to his arm and a woman was bitten on the buttocks. According to Los Angeles Animal Control Officer Mireya Martinez, both of the dogs were captured and were transported to Downy Animal Care facility, where they are being housed.

Animal Control Officer Martinez said that the dogs do not appear to have been socialized and the owner most likely kept them in the backyard as watchdogs. He said this can cause animals to become aggressive.

The owner was sited with fines for code violations and the owner could face civil lawsuits by the victims. Martinez said that the fate of the dogs has not been determined and both dogs will be tested for rabies. He said animal control officers are investigating if there have been other complains of attack by the dogs.

Friday, July 13, 2012

Victims Of Dog Bite Attacks Can Recover Damages

Statistically speaking, a dog attack is far more likely to involve a person that you know, than a stranger. Although we are personal injury lawyers in different cities, over on Google+ Jonathan Rosenfeld and myself were recently discussing the inherent hesitancy associated with pursuing dog bite claims the dog owner and dog bite victim are friends. In most jurisdictions, as long as the dog is owned by someone outside of the victims household, the victim can assert a claim against the owner under their homeowners insurance policy.

Being a victim of a dog attack can be a frightening and painful experience. To make the situation worse, most dog attacks occur at home, usually meaning the dog owner is someone you know. Regardless of whether the dog belongs to stranger or even a relative, there are often large costs involved that need to be taken care of.

Damage Considerations In Dog Mauling Cases


A victim of a dog attack will need to look at several areas when pursuing reimbursement for the damages caused by the attack. This can seem harsh when it is a friend or relative but if their dog is at fault, they should be the ones to pay for the damages. Many dog bites are covered under home insurance policies, but if not, victims may need to pursue a civil suit. Some damages that victims may need to recover are:

  • Medical expenses. In 2008, the average hospital stay for a dog bite victim was $18,200. This is no little matter and the dog’s owner is responsible for these expenses if they are found at fault. It is not just the initial visit that needs to be taken into consideration but also follow-up visits and therapy that are required as well. This may include medical care for worsening an existing medical condition.

  • Loss of income. If the victim is unable to work due to the injuries, they may be able to recover lost wages. This also applies to future income losses if the injuries will prevent the person from returning to work in the same capacity.

  • Pain and suffering. Although real, pain and suffering are intangible and are ultimately up to either a jury or insurance company to decide what is fair compensation. A generic way to calculate pain and suffering is to multiple the medical damages by up to four times. Considerations will be made for the age of the victim, how the attack occurred and what hardships the victim had to endure after the attack.

  • Disfigurement. The victim of a dog bite attack can recover monetary damages for resulting scars

  • Other damages. If the dog has bitten someone before, sometimes the victim will receive what are termed multiple damages due to the dog’s previous issues. Also, dog owners may be subject to punitive damages if their behavior in controlling their dog is deemed reckless.


How To Proceed With A Dog Bite Claim?


If you are the victim of a dog attack, in most cases the first course of action is to contact the dog owner and ask them to cover the damages, either themselves or through their insurance company. Most homeowners, renters and car insurance policies cover dog attacks, however not all do and not all breeds. Some insurance policies may not cover what they consider to be “aggressive” breeds such as pit bulls or may not cover a dog that has bitten before.

If the damage is large or if the owner is unwilling to pay up, getting a lawyer on your side is probably the best move. They will be able to negotiate on your behalf with the owners and insurance companies. Most likely you can settle without having to go to court, but if it comes down to facing a jury, your lawyer will know the best way to proceed.

No one wins in a case of a dog attack. Regardless of damages recovered, the pain and trauma of going through the ordeal are rarely worth it. Dog owners need to do everything in their power to prevent dog attacks from occurring and all people should use precaution when around dogs that are not theirs. However, if an attack does happen, victims have rights and need to be compensated for their losses.

Jonathan Rosenfeld is a Chicago personal injury lawyer at Rosenfeld Injury Lawyers. Jonathan's office is the sponsor of Chicago Dog Bite Injury Lawyers www.chicagodogbiteinjurylawyers.com which is good resource for dog bite victims anywhere.

Rosenfeld Injury Lawyers
33 North Dearborn Street, #1930
Chicago, IL 60602
(888) 424-5757
www.rosenfeldinjurylawyers.com
Resources for dog bite claims:

http://www.dogsbite.org/pdf/2008-ed-visits-inpatient-stays-dog-bites.pdf

http://doglaw.hugpug.com/doglaw_085.html

Sunday, June 10, 2012

Mom and Son Attacked by Three Dogs---Police Killed the Animals

June 8, 2012 - According to reports in the news and at the Newport police, a mother and son were attacked by three dogs in Newport Beach. According to the Newport Beach Police Department officers responded to a report of a dog attack at approximately 5:30 a.m. at the Marriot Newport Coast Villas on East Coast Highway, in Newport Beach.

Newport Beach police spokeswoman Kathy Lowe, said that the woman was a guest at the hotel and was walking toward her car when she was attacked by the dogs, from behind. The woman’s son ran toward the dogs to help his mother and was bitten in the attack, suffering puncture wounds, Lowe said. Lowe said the dogs were described as pit bulls and after the initial attack left the woman and her son alone. Newport Beach Police officials said that the officer arriving on the scene was forced back into his car, and the three dogs aggressively attacked the police car. Officers canvassed the area in search of the pack of dogs, with the help of Animal Control, who intended to restrain the dogs.

Newport Beach Police officials said the officers and Animal Control were unable to capture the pit bulls and due to their aggressive behavior the officers obtained authorization to fire at the dogs. Newport Beach Police officials said the officers were concerned, since this is an area frequented by joggers, bicyclists, golfers and other people.

The woman and her son were transported to an area hospital with non-life-threatening injuries, police officials said. Lowe, said that there were no officers injured in the dog bite attack and that there have been no earlier reports of the dogs roaming the area. Police are attempting to locate the owners of the dogs. Source: 5000 Birch Street Newport Beach, CA 92660 (949) 891-0278 www.ehlinelaw.com

Wednesday, June 6, 2012

Dog Bite Attacks Spike in 2011



Dog bites do not garner a great deal of press unless a death is reported from the attack. Insurance companies are the ones who are well aware of the impact of dog bites, they pay outrageous sums every year in dog bite claims.

Eddie Martinez, a spokesman for State Farm Insurance reported that the company paid Almost $110 million in dog bite claims alone in 2011. Martinez stated that the payments were the result of more than 3,800 dog bite claims against the insurance company. The 2011 number of claims is a significant increase over 2010's payments. State Farm paid on 3,500 claims and roughly $90 million in 2010. State Farm is diligently working to determine the cause of the spike in dog bites and claims.

Loretta Worters, a spokeswoman for The Insurance Information Institute said that dog bite claims were markedly increased in 2011 over the 2010 numbers. The overall total for claims in 2011 was $479 million compared to 2010's payoffs of $413 million. California, the most populated state in the U.S. had the most claims in 2011. California claims accounted for more than 50 percent of the total dog bite claims in all 50 states. California payments saw an increase of more than 30 percent over the 2010 numbers.

The Centers For Disease Control and Prevention stated that statistically more than 4.7 million people are bitten by a dog every year. Children are the most commonly bit by a dog accounting for more than 50 percent of all dog bites. The average year results in approximately 800,000 people requiring medical attention for a dog bite. The average yearly death toll for a dog bite is 16.

Senior citizens are the second largest segment of the population to be at risk for a dog bite. U.S. Postal workers are third in line for being a victim of a dog bite. Los Angeles based spokesman Richard Maher stated that mail carriers experienced 5,600 bites in the previous two years. A postal worker in California was attacked in March of 2012. She died a few days later after suffering from complications due to the attack.

Los Angeles and San Diego top the list of the cities with the most dog bites reported on mail carriers. Mail carriers in Houston and Cleveland round out the top four cities with the most dog bites reported by the U.S. Post Office.

This article is written by an independent author. Goldberg & Osborne, a Tucson, Arizona personal injury law firm, has not reviewed or edited any of the information, written or implied, on this article and shall not be held responsible for any incident that may arise from the use of the information provided.

Monday, May 28, 2012

Toddler Seriously Injured in Pit Bull Attack

May 28, 2012 - According to reports a toddler was seriously injured in a pit bull attack Monday in Norco. According to California Fire Officials the pit bull attack occurred at approximately 9:30 a.m. in the 600 block of 6th Street. Authorities were called to the scene after a 19 month old girl was attacked by a pit bull her mother owns. According to the babysitter, Elizabeth Peak the dog attacked from outside of the front door, while she was watching the child in her home. Peak said the toddler wandered outside and dropped a water cup near the dog. Peak said this is when the pit bull grabbed the toddler’s leg and Peak said she grabbed the toddler and began kicking at the dog. Hoping the dog would let go of the child. According to Parks this is when Larry Gordon a neighbor came to their assistance. Gordon said he began beating the dog with a stick, but it would not let go of the toddler, so he prided it’s jaw open and called the babysitter to get the little girl. Gordon said the babysitter panicked, when she saw the attack. Gordon said he asked how badly the toddler was injured, since she had clothing that was covering the wounds and Peak said it was bad. Paramedics arriving at the scene of the Norco dog bite attack transported the toddler to Corona Regional Medical Center. Authorities said her condition is unknown. Riverside County Animal Control officers confiscated the pit bull, according to authorities. Source: Ehline Law Firm PC 655 North Central Avenue #1780 Glendale, CA 91203 USA +1.818.485.2311 www.ehlinelaw.com

Saturday, May 26, 2012

Toddler Attacked by Pit Bull in Manzanita Park in Anaheim

May 25, 2012 - According to reports a two year old toddler was bitten in a pit bull attack, in Manzanita Park in Anaheim. According to Anaheim Police officials a 2 year old girl was bitten by a pit bull while at Manzanita Park in Anaheim on Thursday afternoon. Police said the owner of the pit bull was a family friend and had taken the dog off of its leash at the park. According to the girl’s father Tyler Johnson the dog began behaving aggressively and he picked his daughter up to keep the dog away from the toddler. The pit bull caught the girls leg, according to her father and was taken to Anaheim Regional Medical Center, with a minor cut to her leg as a precaution. The Orange County Animal Control quarantined the dog for 10 days prior to determining if any other action need to be taken. Learn more from Ehline Law Firm PC.

California Dog Bite News

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About Me

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I am an attorney. I am one of approximately 64 attorneys who became lawyers on the California State Bar Law Office Study Program. I litigate serious injury lawsuits as well as driving under the influence cases in California cities like Marina del Rey and Huntington Beach. I litigate serious injury cases like car accidents causing burn injury, brain injury, wrongful death.

Dog on a Leash

Dog on a Leash
Even while on a leash a dog can attack