February 17, 2010

Escondido Dog Bite: Jogger Bitten Near Own Home

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 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.

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Posted In: Dog Bites , Escondido Accident , Personal Injury

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January 11, 2010

Pit Bull Kills Child in Riverside County

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.

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Posted In: Dog Bites , Riverside Personal Injury , Wrongful Death

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December 18, 2009

Value of Dog Companionship to be Decided by Court

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.

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Posted In: Dog Bites , San Diego Personal Injury

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November 5, 2009

Dog Bite Law: Rottweilers Attack 11-Year-Old Vista Boy

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.

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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.

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Posted In: Dog Bites , Personal Injury , Vista Accident

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October 11, 2009

Dog Bite: Dog Attack Seriously Injures National City Woman

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.

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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.

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Posted In: Dog Bites , Personal Injury

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October 30, 2008

San Diego Personal Injury Lawyers

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.

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Posted In: Auto Accidents , Dog Bites , Medical Malpractice , Pedestrian Accidents , Personal Injury , San Diego Car Accident , San Diego Personal Injury , Trucking Accidents

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August 29, 2008

Dog Bite: Absentee Owner Can Be Liable If THey Allow Dog On The Premises

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.

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Posted In: Dog Bites

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June 6, 2008

Media Consults Walton Law Firm on Dog Bite Case

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.

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Posted In: Dog Bites , Personal Injury

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May 30, 2008

Dog Bites a Major Problem in San Diego County

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.

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Posted In: Dog Bites , Personal Injury

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