On February 8th,  a news anchor from Colorado was bitten by a rescued dog on live television.  The NBC news anchor, Kyle Dyer, was bitten in the face and later received 70 stitches and had her mouth stitched shut so that she could heal, according to Good Morning America/Yahoo News.  Since the incident, a plastic surgeon grafted skin from Dyer's lower lip to build her a new upper lip.  She has already undergone two procedures and this summer a plastic surgeon will decide whether she needs any more surgery.  The dog, an Argentine Mastiff name Maximus, spent time in quarantine at the Denver animal shelter but has since been returned to his family.

See the news story, video and photographs HERE.

Dog bites like the one captured on live television occur quite often and they often have devastating consequences.  Although Dyer has taken her unfortunate experience in stride, she has already undergone two medical procedures and may have to endure a third.  When all procedures are complete, it is still very likely she will have noticeable, permanent scarring.  What is perhaps most disturbing about the incident is that the owner of the dog was sitting right next to Dyer, with Max on a leash, when the bite occurred.  Had the bite occurred in California, the owner would be strictly liable for the injuries and damages Dyer sustained, perhaps subject to a reduction for Dyer's carelessness, if any.  Since the incident, some have criticized Dyer for the manner with which she rubbed the 85-pound dog under the chin while moving her face closer to kiss the dog.  

Compensation for the victims of serious dog attacks should be an important concern for all Californians.   When someone is bitten and seriously injured, the dog’s owner should be held accountable for all of the injuries and damages suffered.  An Orange County dog bite attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.   He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been the victim of a serious dog bite?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.

A 7 year-old girl, Shay Sisson, was attacked and her face mauled by a neighbor’s pitbull in Simi Valley.  According to KTLA News, the attack occurred on April 25th and after weeks of recovery, Shay’s scars are still healing and her medical bills are piling up.  The Sisson family has indicated some of the surgeries that Shay will need in the future are not covered by insurance because they are considered “cosmetic” in nature.  Those interested in helping this little girl and her family can email Brandi Hitt at: Brandi.hitt@ktla.com.

See the KTLA story, photographs and video HERE.

The owners of the pitbull that attacked Shay, absent extraordinary circumstances, are liable for all of the injuries and damages occasioned by the attack.  This includes the cost of future surgery as well as the pain, discomfort and scarring associated with any subsequent procedures.  Any civil claim brought on behalf of Shay, presumably by an adult family member, can only be resolved with the court’s approval, to ensure any such settlement was in the best interests of the child.  However, injuries like those depicted in the KTLA photographs carry a substantial value, and it is unknown whether the neighbor’s homeowner’s insurance would be sufficient to fully compensate Shay for all that she has gone through and will need in the way of further medical care.

Compensation for the victims of serious dog bites should be an important concern for all Californians.  When a victim is attacked and badly injured, the dog’s owner should be held accountable for all of the injuries and damages sustained.  An Orange County personal injury attorney with experience at handling such dog bite cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a dog attack?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to a KTLA news report, a pit bull mix and a boxer mix are in the custody of animal control officials after severely mauling a 71-year-old woman and two men at a park in Wilmington yesterday.  The attacks happened near Wilmington Park Elementary School on the 1100 block on Coli Avenue shortly after students were dismissed for the day.  Alfredo Ramos, 35, and his 71-year-old mother-in-law, Rita Torres, said they were attacked by the two dogs as they were returning home from picking up his son and another child from the school.  The two dogs, a male pit bull terrier and Akita mix and a boxer and American bulldog mix, were reportedly roaming free on the sidewalk at the time of the attack.  The dogs then ran to a nearby park where they apparently attacked another man sitting on a park bench.

See the full KTLA story and photos HERE.

Under California law, a dog owner is strictly liable when their animal attacks someone, whether the attack occurs on or off the owner's property.  In other words, dog owners are liable for attacks even if they were not negligent.  In this regard, California Civil Code Section 3342, provides in part:

The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner ...when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner...

In spite of this statute, a dog owner may defend a dog bite claim on the grounds that the victim assumed the risk of injury by provoking the attack or was somehow comparatively negligent in their conduct.  In the story above, there is no suggestion any of the victims provoked these vicious attacks or in some way assumed the risk of their injuries.

Compensation for the victims of serious or fatal dog bites is an important concern for all Californians.  When a victim is attacked and badly injured or even killed, the dog’s owner should be held accountable for any injuries and damages sustained.  An Orange County personal injury attorney with experience at handling such dog bite cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a dog bite?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

The Associated Press reported today that a 9-year-old boy and a Time Warner cable employee have been honored for their quick actions after a pit bull attacked a 3-month-old baby inside an upstate New York home last month. The Saugerties Town Board on Wednesday presented awards to Skyler Sprague and 33-year-old Dave Dargan for their bravery during the attack at the home of the woman babysitting the infant, Jordan Bonelli.  A pit bull belonging to the babysitter's son attacked the babysitter as she held the infant just as Dargan arrived for a routine call. Dargan jumped on the dog and held it down while Skyler called 911.  Police soon arrived and fatally shot the dog.

Jordan was hospitalized for serious bite wounds, but his mother told the Daily Freeman of Kingston that her son is expected to make a full recovery. See the full story HERE.

If this attack had occurred here in California, the owner of the pit bull would be strictly liable for the injuries sustained by little Jordan.  California's dog bite statute, Civil Code Section 3342, has been recognized as imposing a duty of care on every dog owner to prevent his or her dog from biting persons in a public place or lawfully in a private place.  Under the statute, the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.  Simply stated, the statute is designed “to prevent dogs from becoming a hazard to the community” by holding dog owners to such a standard of care, and assigning strict liability for its breach.

Compensation for the victims of serious or fatal dog bites is an important concern for all Californians.  When a victim is attacked and badly injured or even killed, the dog’s owner should be held accountable for any injuries and damages suffered.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 20 years of experience handling personal injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a dog bite?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.

According to news reports, a 67 year old man died Sunday from injuries he suffered when the family dog mauled him October 14th, at his nephew's home in Murrieta. Edward Mitchell reportedly dropped something in the backyard and then struggled over the object with the dog, which became aggressive.  The dog apparently lunged for Mr. Mitchell's neck and also attacked his arm and groin.  According to a family member, she had to tranquilize the dog twice as it charged at police officers.  There may have been a history of someone playing roughly with the dog, she said.  Paramedics treated Mr. Mitchell at the home for severe bleeding and a bite to the neck, Murrieta police Lt. Dennis Vrooman told reporters.  Mr. Mitchell was admitted to a convalescent home for follow-up care, and later returned to the home, where he died Sunday.  The dog was euthanized just after the attack.

http://www.pe.com/localnews/stories/pit_bull_attack.13c45023.html

While this particular dog may have had a history of showing a vicious propensity, the law does not require such evidence before imposing liability on the dog owner.  In California, a dog owner is liable the first time it bites someone, and no evidence of negligence need be presented. This is known as "strict liability".  Defenses can be raised on behalf of the dog owner, however, such as the negligence of the dog bite victim.  Any comparative negligence on the part of the victim can be used to offset the liability of the dog owner, but such defenses are rarely utilized or successful.  In the case above, the owner of the dog (presumably the victim's nephew) would be liable for the attack and the death of Mr. Mitchell.  While the precise circumstances still need to be determined, it would appear the victim was simply in the back yard trying to recover something he inadvertently dropped.  It would not seem likely Mr. Mitchell could be faulted much, if at all, for what occurred.  His surviving family members likely possess a valid claim for wrongful death, assuming the victim was not the dog's owner.

Compensation for the victims of serious or fatal dog bites is an important concern for all Californians.  When a victim is attacked and badly injured or even killed, the dog’s owner should be held accountable for any injuries and damages suffered.  An Orange County trial lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 19 years of experience handling personal injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a dog bite?

• Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above.  This posting should not be construed as legal advice or an opinion on the merit of any particular matter.  A consultation is the best way to obtain an assessment of your potential case.