San Diego Injury Law Blog

Each year, San Diego County Animal Services investigates approximately 6,000 California dog bites are reported each year by local residents and visitors. These incidents can be costly—physically and financially. The average cost of a dog bite injury treated in a hospital emergency room is $274. Severe injuries can result in thousands of dollars in treatment and surgery costs, not to mention pain and suffering for victims.

This is a reality some San Diego dog bite victims know all too well. For example, a forty-year old man from Mountain View suffered severe injuries after a neighbor’s pit bull attacked him, biting him on the arm, side, and back. The attack on Paul “Mario” Todd, Jr., was the fourth dog attack in a recent spate of incidents in San Diego this summer. The victims also included a one-year-old in Chula Vista and a woman walking her dog in Grant Hill. Another victim, an elderly woman who was attacked by two pit bulls while collecting her morning newspaper, lost her leg and was also in danger of losing her arm.

In the U.S., approximately 4.7 million people are bitten by dogs each year and 800,000 of those bitten require medical treatment. In some states, the “one bite” or the “first bite free” rule prevails, meaning that a dog owner will not necessarily be civilly liable to the victim. Under the “first bite free” rule, a dog bite victim may have to prove that a dog is dangerous or vicious and that its owner kept the animal after knowing of the dog’s dangerousness or vicious nature before being able to recover for injuries.

In other words, states that follow the “one bite free” rule can leave some victims vulnerable. Even unprovoked attacks can leave dog bite victims without compensation for their personal injuries. It is often difficult, though not impossible, for victims to prove specific previous misconduct on the part of dog owners. Even if they can show all that is required to recover, it always requires more time and expense on the part of the victim before receiving compensation for their injuries.

Fortunately, under California’s strict liability dog bite statute there are no “free” bites. Our California personal injury lawyers know that the law protects dog bite victims by permitting them to recover for their injuries, regardless of a dog’s past bite history or viciousness. That means dog owners may have to pay for injuries their pets cause to others.

Continue reading "The First Bite Isn’t Free: California Law Provides Protection for Dog-Bite Victims" »

Many local residents have added a pet to their homes, with dogs increasing in popularity
across our area. Most families ensure that their animals do not pose risks to others and takes steps to prevent dog bites. However, even with precautions, San Diego dog bites continue to strike with surprisingly frequency. When that happens it is vital that the victims be compensated for the losses they suffer as a result of the accident.

In California, as in many other states, dog owners are strictly liable for the actions of their animals. This is true even if the animal had no previous history of bites and regardless of whether the owner was aware that the dog posed a bite risk. Strict liability is a legal principle that applies in injury cases like this and affects the requirements that must be met for a victim to recover for their losses following an injury.

In a regular “negligence” case a plaintiff must show that another person owed them a duty, and that they duty was breached causing injury. In those cases, therefore, a plaintiff must specifically show that the other person acted in an unreasonable way. Strict liability cases are a bit different. In these cases the plaintiff generally does not have to specifically show that the other person acted unreasonably. In these cases, the other party is required as a matter of law to pay for the losses caused by the conduct whether reasonably tried to prevent the bite or not. Therefore, because California dog bite lawsuits are considered strict liability cases, the individual who is bitten can almost always recover damages for the losses they suffer. By providing for this form of remedy for dog bite victims, the state has logically decided that paying for a dog bite is a responsibility of a dog owner, no matter what the circumstances.

The risk of dog bites continues to affect many local decisions in our area. For example, the Imperial Beach Patch reported late last month on disagreement about a proposed leash-free dog beach. Some opposed to the proposal told stories about encounters with dangerous dogs on the beach leading to broken bones, bruises, and bites—often caused by irresponsible dog owners. Opponents to the proposal explained that the San Diego County Department of Animal Services reports that about 2,700 San Diego dog bites strike each year. They argue that unleashing animals on a popular beach area would create too much risk.

However, others argue that the owners of the thousands of licensed dogs and their animals in the area need a place to interact without the need to be on a leash. The dog beach proponents suggest that the animals are rarely aggressive when at a dog beach playing with one another. They believe that a trial period should at least be allowed so that the feasibility of the beach option can be evaluated.

Continue reading "San Diego County Dog Bite Risk Influences Dog Beach Debate" »

The owners of the two pit bulls who attacked and maimed 75-year-old Emako Mendoza have been arrested. The San Diego County Department of Animal Services have arrested the Alba and Carla Cornelio in connection with the attack, but it's not clear what crimes they will be charged with. The two women were booked into Las Colinas Detention Center. Bail was set at $900,000 for the daughter, Carla Cornelio, and according to news accounts, the mother, Alba, was "not eligible for bail." The authorities clearly view these crimes as serious with such a high bail. Probably because the two dogs that attacked Ms. Mendoza were responsible for another attack on a person last Christmas.

This was without a doubt one of the most egregious dog attacks in San Diego history. Ms. Mendoza suffered near-fatal bites, and treatment for her injuries had included the amputation of her leg. Though the attack was two weeks ago, she remains in critical condition at Scripps Mercy Hospital.

The dogs that attacked Ms. Mendoza have both been euthanized, but that is of little solace to Ms. Mendoza's husband, who has stated that he intends to bring a civil action against the dog's owners. "I hope these people have plenty of money because I am going to sue them for plenty," he said. But the reality is these folks probably don't have the money or the insurance to adequately cover the damages suffered by this family.

Continue reading "Dog Owners Arrested After Vicious Attack" »

Here's another terrible story involving a pit bull attack. A morning trip to the driveway of her Paradise Hills, San Diego home turned into a true horror story for 75-year-old Emako Mendoza who, while out picking up the daily newspaper, was attacked by two pit bull dogs. The bites she received in the attack were so severe that her left leg was amputated below the knee, and still remains at risk of losing her other leg and an arm.

“She’s in a terrible amount of pain. She’s so fragile to begin with. She just can’t handle this pain,” her husband of 53 years told the San Diego Union Tribune.

The dogs came from the yard of her neighbor, Alba Cornelio, who apparently escaped through a hole in the neighboring fence. Cornelio was some kind of pit bull breeder who, after this attack, had a litter of pit bull puppies confiscated. The two dogs involved in the attack were properly euthanized, and Cornelio is no doubt telling authorities that the dogs never showed any sign of aggressive behavior before the attack. It fair to say that in nearly every case of a dog bite handled by Walton Law Firm, the owner of the attacking dog claims the attack was totally out of character.

News accounts state that no complaints against the dogs were on file, but the investigation continues.

Continue reading "Amputation Required After Pit Bull Attack in San Diego" »

If you ever wondered how many dogs attacked postal workers in major American cities this was your lucky week. The U.S. Postal Service released statistics this week that highlight the U.S. cities that are the most dangerous to letter carriers. Letter carriers in Houston had the most to fear. Last year 62 letter carriers were attack by dogs in Houston, but San Diego wasn't far behind. Tied for second with Columbus, Ohio, San Diego mail carriers were attacked a total of 45 times by dogs. Overall, though, letter carriers got off easy compared to the 4.7 million Americans who suffer dog bites each year, mostly children.

The one dog attack case that got the most attention last year involved U.S. Postal worker Hao Yun "Eddie" Lin, who was attacked by a lunging Rottweiler in Oceanside. While jumping out of the way, Lin fell to the ground, striking his head on the curb. He died a few days later.

The Postal Service reports that injuries caused by dog bites / attacks cost it nearly $1.2 million last year, which doesn't include the pain and suffering and workers compensation expenses.

Susan Johnson, an Postal Service safety manager, to the San Diego Union Tribune that local mail carriers run into a lot of unrestricted dogs and lax owners. All letter carriers carry pepper spray, and keep track of dogs who express aggressive behaviors. Overall, almost 5,700 postal workers were attacked by dogs in 2010.

Click here to read the U.S. Postal Service press release.

Continue reading "San Diego Ranks Second Nationally for Dog Attacks on Letter Carriers" »

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Two pit bull terriers were confiscated and quarantined on Tuesday after they attacked and severly bit and elderly woman while walking in the Menifee neighborhood where she lives. Witnesses say Lona Bishop, 86, was attacked early Tuesday morning on Buckwheat Road in the southern part of Menifee.

Witnesses say that Bishop was badly hurt, and had large bites on her wrist and upper arm. A relative of the victim told the North County Times that the victim was taken to Loma Linda Medical Center where she will require surgery.

Neighbor Chris Aery said he was getting ready to leave the home when he heard his dogs barking in an unusual manner. He went outside he could hear Bishop screaming for help. He ran to help, and used a golf club that Bishop was carrying to chase the dogs away.

The dogs were confiscated by the Ramona Humane Society Animal Shelter because there were no records that the animals had been properly vaccinated. According to reports, the owner of the dogs lives in Oxnard, and was visiting his father, Pete Morales, who also lives on Buckwheat Road.

Aery told reporters that the pit bulls have been a problem along Buckwheat Road for quite some time, and that recently a new litter of puppies were seen on the property.

Walton Law Firm handled a very similar case to this recently when an elderly woman from Carlsbad was attacked by roaming English Bulldogs. She too suffered cuts to her arms, and also suffered a broken wrist. A lawsuit was brought against the owners of the dogs, and a settlement was obtained on behalf of the victim.

Source: North County Times

The accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including dog attacks / bites, auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 or (866) 607-1325 for a free consultation.

A postal worker died last week after suffering blunt head trauma while on his postal route in Oceanside. According to reports, Hao Yun "Eddie" Lin of Poway was walking his route at the 500 block of Stanley Street when he encountered a large dog, possibly a Rottweiler. While it's unclear what exactly happened next, it appears that in his effort to avoid the dog, Mr. Lin fell and struck his head, causing the fatal head injury. Sadly, Mr. Lin leaves behind three young children, including a 4-month-old daughter.

Both the Oceanside Police and the San Diego Humane Society are still trying to figure out exactly what happened. Lin's wife told the North County Times that she was frustrated with the pace of the investigation, and wants answers. She said that she is aware that the dog jumped on her husband and that the dog attacked another letter carrier years earlier. It is reported that the dog was euthanized at the owner's request.

As to legal liability, assuming the dog caused the death, the owner of the dog will be held strictly liable to the family under California's dog bite statute. Under the law, there are very few defenses. If a dog causes injury - even if the dog is being playful - the owner will be held liable. A dog bite is not required for liability purposes.

This is, obviously, a very serious case. Hopefully the owner of the dog was responsible enough to maintain some kind of insurance policy that covers acts such as this. These young kids lost a father who, by news accounts, was totally devoted to his family.

Source: North County Times

The accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including dog attacks / bites, auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (760) 571-5500 or (866) 607-1325 for a free consultation.

RIVERSIDE - This appears to be a story about an careless mother visiting the apartment of an unfit dog owner, resulting in a horrific attack on a six-month-old child According to reports, Point Loma resident Carrie McKinney left her baby in a carrier on the floor in her friend's apartment, then left the toddler alone with a pit bull and pit bull mix dog. When the two adults heard screaming, then came into the room of the toddler and found the dogs attacking the boy. Sadly, it appears that the dogs, which were apparently biting at the child's diaper, bit off one or both of his testicles.

According to Willa Bagwell of Animal Friends of the Valleys, an organization that provides animal control for the Murrietta area, both dogs were involved in the attack. According to Bagwell, this is the first time in over 20 years that she has seen such a serious dog bite injury on a small child. She was stunned that such a small child would be left with such large dogs, which were estimated to be 70 and 60 pounds respectively.

The owner of the dogs signed a release to allow animal control to euthanize the animals, which was apparently done yesterday.

Bagwell didn't mince words about the attack. "It was very negligent," She said. "We're just all praying for this poor baby. It's such a tragedy. And what's sad is that it was so preventable."

Source: The Press Enterprise

The Temecula accident and injury lawyers at Walton Law Firm represent individuals who have been injured in all types of accidents, including dog attacks / bites, auto accidents, worksite injuries, pedestrian injuries, construction accidents, property injuries, and malpractice matters. Call (866) 607-1325 for a free consultation.

A 56-year-old man who had just finished a jog suffered serious dog bites to his forearm and hands when two wandering pit bull-mix dogs attacked him near his home. According to the North County Times, the dogs had a history of aggression, and even a history of biting.

According to the victim, Tom Atkinson, he had just finished a jog on Rock View Glen in Emerald Heights when he noticed the two dogs growling at a neighbor's dog, which was on leash. As he approached the neighbor to talk, the two dogs attacked. He fought back, and the dogs eventually ran away.

The Escondido Animal Control responded to the attack and impounded one of the dogs, which was placed on a 10-day quarantine. Officials said that one of the dogs had another reported bite incident in the past 36 months.

Under California's dog bite law, the owner of the dogs faces strict liability, and even the threat of punitive damages because of the prior bite. Under strict liability, the owner is presumed liable for the attack and the subsequent injuries, which would include any economic damages suffered by Atkinson (medical bills, lost wages, etc.), and a reasonable sum for the pain, scarring, anxiety, suffering, and inconvenience the attack has caused.

Source: North County Times

Based in North San Diego County, the San Marcos office of the Walton Law Firm represents individuals and families in personal injury cases, including car accidents, dog bites, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call (760) 571-5500 for a free consultation.

Three-year-old Omar Martinez died in his back yard yesterday when the family's pit bull attacked him. At approximately 3:00 p.m., 911 dispatchers received a call that the boy was not breathing at a home on Goshute Avenue in Apple Valley after being attacked by the dog. When sheriff and firefighter's arrived, the boy's grandfather opened the gate to let them in the yard, but the dog got aggressive with the firefighters, who were forced to retreat back to their vehicles. A sheriff deputy at the scene also tried to enter, and when the dog again became aggressive, the officer shot and killed it.

When rescuers finally got to the boy he was unresponsive. The boy was transported to St. Mary Medical Center where he was pronounced dead at 4:41 p.m. According to a witness, the boy and his father were playing in the backyard with the dog. When the father went in the house, the dog attacked the boy, biting him in the throat. It is unclear why the dog bit the boy, and the Sheriff's Department said there were no previous reports of an aggressive dog at the residence.

Source: San Bernardino Sun

The Walton Law Firm represents individuals and families throughout Southern California in cases in personal injury cases, including car accidents, dog bites, medical malpractice, motorcycle accidents, uninsured motorist claims, defective products, construction accidents, slip and fall injuries, dog bites, and insurance disputes. Call (866) 607-1325 for a free consultation. Temecula personal injury.

Every year we get two or three phone calls from dog owners whose dog has been killed in an accident, or by another dog. These callers are understandably upset, and sometimes distraught, and want those who caused the death punished to the fullest extent of the law.

Without exception, these animal lovers are aghast when I tell them that the State of California views their beloved pet as nothing more than property, and that the most damages they could receive in a civil action is the "replacement value" of the dog. That's right, if your German Shepherd Champ has been your trusted companion for a decade, with you through thick and thin, and is killed due to someone else's negligence, in California you would be limited to what it would costs to buy another 10-year-old German Shepherd; probably no more than a few hundred bucks.

The Supreme Court of Vermont is going to decided whether a family dog should be treated merely as property, or something more, such as a member of the family. The case to be decided involves a couple from Anapolis, Md., whose dog Shadow wandered into a man's yard and was shot dead. The man pleaded guilty to misdemeanor animal cruelty and paid $4,000 to cover medical expenses and burial costs, but Shadow's owners are unhappy. They think the life of Shadow, who was like a family member, is worth more, and that they should be able to recover for the emotional damages they have suffered since his loss.

The family's attorney David Putter told the AP that unlike a piece of property, dogs "love you back." There is a relationship there, something that can't be replaced just by a visit to the store.

The court is not expected to issue a ruling until next spring.

Source: AP

The accident and injury lawyers at Walton Law Firm LLP represent individuals and families who have been injured in all types of accidents, including car accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, construction accident. Call (866) 607-1325 for a free consultation.

Clayton Snow, an 11-year-old middle school student in Vista, was viciously attacked by two Rottweilers while walking home from school last Friday. Snow suffered approximately 40 bites on his arms, chest, hand, and stomach, causing wounds that required dozens of stitches to close.

According to witnesses, it was truly a horrific scene. A kindergarten teacher from Hannalei Elementary School told the North County Times that saw the attack, and jumped out of her car to go and help. She and another woman tried to shield the boy from the dogs, but the dogs would simply go around them and continue to attack the boy.

"I turned around, and he's face down on the pavement," Smith said. "And they've ripped his pants and underpants off, like around his ankles and they're dragging him, and I thought, I'm going to watch this boy die."

The owner of the dogs has voluntarily surrendered the dogs to the North County Humane Society, where the dogs will be put down.

Snow is recovering well, his mother told the paper, but her concerns are less about his physical wounds and more about his mental state. He apparently his having nightmares about the attack.

As someone that has represented numerous dog bite victims, it is usually the psychological effects of the attack that causes the most harm, not the bites themselves. I once represented a water delivery man that received a relatively small bite while delivering water in San Marcos. The wound was small, and healed quickly, but the psychological impacted really caused a disruption in his life. He could hardly work for several months after the incident.

The owner of the dog, who will now face legal liability, told the paper he was sorry about the incident. He said his dogs were trained at obedience school.

Source: North County Times

The North County dog bite lawyers at Walton Law Firm represents individuals who have been attacked by dogs of all breeds. Attorney Randy Walton was recently consulted by the media on dog bite law. All consultations are free of charge, and completely confidential. Call (760) 607-1325 or complete our online questionnaire.

A woman was discovered laying unconscious and bleeding severely from her arms in National City last night after being attacked by three mastiffs. According to a witness, the woman was walking near the 2700 block of Granger Street when the dogs came out nowhere and knocked her to the ground. The witness called 911, and the victim was rushed to the hospital. Her current condition has not been reported.

This dog attack comes just days after the Marine Corps announced its ban of dogs with aggressive temperament, including pit bulls, Rottweilers, and wolf hybrid dogs. Under the new policy, families moving onto base housing may not bring those breeds. Families who currently live on base with one of those breeds can obtain a waiver if they can show their dog does not pose a risk or harm. The policy was motivated by the death of a 3-year-old boy who was fatally bitten by a pit bull at Camp Lejeune, N.C.

In the National City attack, Animal Control has seized the dogs, which will likely be put down.

Source: San Diego 10 News

The dog bite attorneys at the Walton Law Firm represent individuals all over San Diego County who have been injured by dogs. If you have a question about a dog bite matter and would like a free consultation, please call (866) 607-1325 or fill out an inquiry form online.

Based in San Diego’s North County, Randy Walton and Scott Barber represent individuals all over San Diego County in matters of personal injury and wrongful death. Whether you live in Escondido or El Cajon or Chula Vista, or anywhere else, Randy and Scott can help you obtain monetary justice for the injuries you have suffered.

Personal injuries, or course, can arise in a variety of circumstances, but usually occur due to car accidents, construction mishaps, dog bites, slip-and-fall incidents, medical malpractice, nursing home abuse, or assault and battery. For over a decade our attorneys have been handling claims on behalf of injured people, and all cases are taken on a contingency fee basis. That means that we do not earn a fee unless there is a monetary recovery.

For more about our firm visit our website at www.WaltonBarber.com.

Home and hospital visits are available, and consultations about cases are always free.

The Court of Appeal, First District, has held that a property owner who allows a construction worker to bring a dog, a pit bull in this case, onto his property can be held liable if the dog bites another worker. Salinas v Martin (August 28, 2008) First District, Division One, Case No. A119733.

Paolo Martin owns a residential property which was undergoing extensive renovation. Stephen Salinas was a sub-contractor on the project. Mr. Martin had given the contractors and sub-contractors complete access to the premises during the renovation process. At the same time, Mr. Martin had hired gardeners to maintain the landscaping. The gardeners had two dogs, a pit bull and a pit bull mix which Mr. Martin knew about and had given them permission to have with them on the premises and to run free in the fenced-in back yard. On a weekend, Mr. Salinas went to the job site to retrieve some scaffolding when he was attacked and bitten by the pit bull.

The trial court granted summary judgment to Mr. Martin, holding him to the same standard as a residential landlord who must have actual knowledge of a dog’s dangerous propensity before he or she can be held liable. The Court of Appeal reversed, holding that Mr. Martin, although not living on the property during the renovations, had not surrendered possession and was frequently at the home. As such, the Court of Appeal held him to the usual standard for a homeowner who allows a dog on their property, i.e. whether there was a reasonable foreseeability of harm. In this case, the Court of Appeal held that it was foreseeable that the pit bull would attack another worker and thus Mr. Martin could be held liable.

The San Diego dog bite attorneys Walton Law Firm LLP represents persons who have been bitten or attacked by dogs. Please see our website if you have any questions or would like a confidential and free consultation.

San Diego’s Fox 6 News visited Walton Law Firm on Thursday to interview Randy Walton about the liability of dog owners whose dogs are involved in biting incidents. The interview was prompted by a vicious attack on a Spring Valley woman who was seriously injured by a large dog while walking in her neighborhood.

In California, Walton told Fox 6 News, the law is clear. If someone owns a dog, and that dog bites a human, the owner if the dog is strictly liable.

Walton, who deals with dog bite cases frequently, says it doesn’t matter whether or not the dog displayed aggressive behavior prior to the attack. He says there were over 2000 dog bite cases in San Diego County last year and he believes there may have been many more that weren’t reported. “Because people don’t report them that frequently, if it’s a dog that they know,” Walton says.

To read the full story or see the video report click here.

The dog bite attorneys at Walton Law Firm represents individuals all over San Diego County who have been injured by dogs. If you have a question about a dog bite matter and would like a free consultation, please call (866) 607-1325 or fill out an inquiry form online.

Walton Law Firm has handled many cases involving bite injuries caused by dogs, but none were more sympathetic than one we just settled. Our client was an elderly woman in her 70s who was attacked by two bulldogs has she walked her small poodle around her complex. The bulldogs knocked her to the ground, and bit her and her poodle repeatedly before help could arrive. She suffered numerous puncture wounds and a broken arm. We recently represented another victim in Escondido.

The San Diego County Department of Animal Control was called to investigate, and ultimately ruled that the bulldogs were considered dangerous and placed in quarantined. The "dangerous" label placed on the dogs stunned their owners, who, like most owners involved in dog bite cases, testified that the dogs showed no previous propensity for harm, and were nothing more than lovable pets up until the time of the attack. Because of the dangerous findings, the Animal Control placed several onerous restrictions on the dogs, and the owners opted to have the dogs euthanized. It was tragic event all around.

According to statistics, there were 2,277 dog bites last year in San Diego County, but the actual numbers are more likely twice that amount, as most bites occur on people who know the dog's owner personally and fail to report the event. Yet despite the large number of bites, only 17 dogs were euthanized because of dangerous behavior.

The Animal Control offers the following dog safety tips:

● Do not approach or play with an unfamiliar dog.
● Do not run from a dog or scream. Remain motionless.
● If knocked over by a dog, roll into a ball, lie still and cover head and face.
● Do not disturb a dog that is sleeping, eating or caring for puppies.
● Disregard stereotypes about dangerous breeds.

For more information about dog attack cases, call Walton Law Firm LLP at (866) 607-1325.