California Personal Injury Blog - Property Owner's Liability (Slip & Fall) - Most Popular

Man Shoots Dog During Attack of Neighbor, 80

Chrissie Cole — Sat, 08 Sep 2007 22:00:18 GMT

Officials are investigating the shooting death of a dog following a dog attack of an 80-year-old man.

The man was walking in front of his home when a mixed breed, reportedly bolted out of the house and attacked him. One of the neighbors heard the chaos and ran outside armed with his pistol. While the dog was still attacking the man he fired one gunshot, according to Claremont Police. The dog disengaged from biting the man due to the gun shot.

The man suffered dog bites to his chest and side. He was transported to Pomona Valley Medical Center for treatment and released. The dog's owner took him to the veterinarian where he died.

The neighbor who shot the dog said the animal was attacking the man at the time, but the dog owner denied it and said the man with the weapon overreacted and put her 12-year-old daughter in danger.
"The dog was on the ground. There was no more danger, and the guy came out of his house with a gun and right behind my back, at close range, shot and killed the dog as my daughter was reaching for him," she said.

The gun used in the shooting is registered, and is now in police custody, police said.

Originally posted at InjuryBoard by Chrissie Cole

Pit Bull Fights off Master's Would-be Attacker

Rick Patterson — Sun, 10 Feb 2008 16:28:37 GMT

One would think that it would be a pretty safe bet that a would-be attacker would shy away from attacking a dog owner when she is in the company of her pit bull. One would think.

Last Thursday in Troutdale, Oregon, a man attacked a 19-year-old woman when her pit bull came to her rescue. The pit bull bit the attacker who swiftly left the scene and the woman. The man responsible for the attack is said to be between 25 to 30 years old, 5-foot-10 and 170 pounds. Now there's a case of biting off more than you can possibly chew.

Originally posted at InjuryBoard by Rick Patterson

Toddler Mauled To Death By Uncle's Pit-Bull Terrier

IB Contributor — Sun, 07 Jan 2007 22:58:57 GMT

Pit-Bull Terriers and Rottweilers should be treated like a loaded gun.

On New Year's Day, a 5- year-old Ellie Lawrenson was mauled to death by her uncle's Pit-Bull Terrier while staying with her grandmother.

Tragic and frightening as this death was, what's scarier is that the girl's uncle was warned by authorities about his dog's dangerous behavior six months earlier. Had he heeded that warning, a young child's life would have been saved.

Over 70% of the dog attack cases we have handled have involved Pit-Bull Terriers and Rottweilers. When the number of attacks by Pit-Bull Terriers and Rottweilers are

compared to the small percentage of dogs that these two breeds make up in America, you get an idea of how really dangerous these two breeds are. About 18% of our dog attack cases involve Huskies and the Alaskan breeds.

With these statistics in mind I believe every Pit-Bull Terrier and Rottweiler should be considered extremely dangerous and treated appropriately, like a loaded gun. That includes landlords being held responsible for the harm these animals cause when they are kept on the landlord's property, just like the maintenance of any other dangerous condition. If you are a landlord and your tenant keeps a Pit-Bull Terrier or a Rottwieler on your premises and that dog bites or attacks one of my clients, you'll suffer the same fate a few other landlords have that thought they were insulated.

According to the U.S. Center for Disease Control, about 800,000 people are bitten by dogs each year. Half of these are children. The issue hits even closer to home when we see that California is ranked first in the nation in fatal dog attacks. Insurers nationwide pay out more than $1 billion in claims related to dog bites annually. One-third of the money paid out through homeowners' liability claims are related to dog attacks.

Of those injured, 386,000 require treatment in an emergency department and about a dozen die. The rate of dog bite-related injuries is highest for children ages 5 to 9 years, and the rate decreases as children age. Almost two thirds of injuries among children ages four years and younger are to the head or neck region. Injury rates in children are significantly higher for boys than for girls.

The CDC gives important suggestions for prospective dog owners:

Â· Consult with a professional (e.g., veterinarian, animal behaviorist, or responsible breeder) to learn about suitable breeds of dogs for your household. Dogs with histories of aggression are inappropriate in households with children.
Â· Spend time with a dog before buying or adopting it. Use caution when bringing a dog into the home of an infant or toddler.
Â· Spay/neuter virtually all dogs (this frequently reduces aggressive tendencies).
Â· Never leave infants or young children alone with any dog.
Â· Properly socialize and train any dog entering the household and seek immediate professional advice if the dog develops aggressive or undesirable behaviors.

For more information about dog bites, visit the www.cdc.gov or the American Veterinary Medical Association's Web site at www.avma.org.

For prevention ideas and model policies for control of dangerous dogs, please see the American Veterinary Medical Association (AVMA) Task Force on Canine Aggression and Human-Canine Interactions: A community approach to dog bite prevention.

If you are a dog owner please remember your responsibilities to yourself, your family and your community. If you are a landlord, do not allow dangerous dogs to reside on your property. If you or a loved one is a victim of a dog attack, call me to determine your rights, and your options. We can help you with identifying skilled and available plastic surgeons as well as paying for medical expenses and the collection and preservation of evidence.

Originally posted at InjuryBoard by IB Contributor

Slip and Fall in Parking Lot Results in Award of $390,000

David Rowell — Thu, 18 Oct 2007 17:31:37 GMT

Robert Yusem slipped on ice in a parking lot in a Pennsylvania industrial park in 2000, and suffered serious injuries, including fractures of his elbow, arm and ankle. It's taken seven years, but a jury recently awarded Yusems and his wife $390,000 in damages based on a claim of premises liabilty. In his "slip and fall" lawsuit, Yusems argued that the defendant parking-lot owner carelessly allowed water from rain spouts to drain onto the parking lot and driveway, and allowied ice and snow to build up, creating a hazard. The jury obviously agreed.

For more information on this subject, please refer to the section on Premises Liability / Slip & Fall.

Originally posted at InjuryBoard by David Rowell

Northern California Tiger Attack Akin to Dog Bite?

Larry Knapp — Fri, 18 Jan 2008 06:44:21 GMT

Finally the media has printed an article that purports to report an admission on the part of on of the victims in this awful tragedy. Prior to this article, all we really had were reports of accusations from talking heads that had no reliability. This latest article however,

states that the decedent's father has reported that one of the Dahliwal boys admitted to him that they had been standing on the wall and waiving at the tiger prior to the attack.

Now that we have that bit of evidence, what does it really affect? A tiger attack is like a dog attack. The owner is strictly liable for the damages caused by the attack. There should be no question about the owner's responsibility for the injuries in this case either.

The jury is also allowed to consider the comparative negligence of the person or persons attacked. However, is that what we have in this case? Does the public really believe that this is the first time zoo officials were aware that people go to their facility and make fun of the animals? Kids making faces at whatever is on the other side of the cage. Perhaps that is why the acceptable standards for containing a tiger require a much taller wall than the San Francisco Zoo was using.

For more information, please refer to the section on Premises Liability / Slip & Fall.

Originally posted at InjuryBoard by Larry Knapp

Meniscal tears and trauma

Laura Mackie — Tue, 14 Nov 2006 17:49:31 GMT

Slip and fall accidents commonly result in injuries to the knee which can be debilitating and costly. Whenever a client presents with a knee injury, their physician will usually proceed with treatment consisting of ice, wrap, motion, and anti-inflammatory medication. However, if the client is diagnosed with a meniscal tear, treatment may be much more involved.

A meniscal tear is a tear in the meniscus. The meniscus is a shock-absorbing structure in the knee. There are two menisci in each knee, one on the inside (medial) and one on the outside (lateral). The meniscus is made of fibro-cartilage and collagen. Since about 4/5th of the meniscus has no blood supply, it cannot heal a tear. The meniscus functions as a shock absorber for the knee, serving to distribute impact and load.

Most injuries to the meniscus are caused by trauma, usually compression and twisting of the knee. A torn meniscus may or may not cause symptoms. The injuries that do not cause symptoms are usually small tears located in the back of the knee. Symptoms may include a "popping" sound at the time of the injury, pain, tightness, swelling within the knee (more often referred to as 'water on the knee') or tenderness in the joint. In some cases, the diagnosis can be confirmed with an MRI (magnetic resonance image).

However, if the knee locks up and is painful, the physician may determine that surgery is necessary to remove the damaged meniscus. Surgical treatment involves using a small microscope to look at and treat the tear. Arthroscopic surgery is usually done within a few days in order to relieve pain and prevent long term stiffness. The procedure involves inserting an arthoscope into the knee to examine the meniscus tear. If the tear involves the vascular portion of the meniscus, it will be repaired by passing sutures across the tear. If the meniscus is not repairable, a microscopic shaver is used to remove the torn portion. The goal is to leave the joint surfaces smooth.

Originally posted at InjuryBoard by Laura Mackie

Swimming Pool Hazards: Is your Pool Accident Prone?

Edward Smith — Thu, 01 Feb 2007 02:52:57 GMT

Do you have access to a swimming pool? Are you a regular user of the pool? Or do you own one? If your answer to any of these questions is yes, then you ought to pay heed to the swimming pool hazards that disguise themselves in every part of the pool.

Most of the equipments related to the pool can become a potential source of danger-whether it is the all-important diving board, or the lack of designing with safety markers in the pool. Take care to eliminate swimming pool hazards and be at ease with the pool. Failing it, you or other pool users could meet with pool related accidents and could result in the threat of litigation if pool is the venue of an accident caused by negligence.

What Are The Hazards To Swim Against

First, deal with the pool proportions. Even if you have a perfectly designed pool, but forget to indicate water depth, you are in troubled waters indeed! Accidents are a possibility when a diver fails to judge the water depth, dives straight and fast from a height, and heads into the pool bottom, head first. When you plunge into water, you hit it at a velocity of 15 feet/sec. If the pool is deep, it serves as a brake to slow you down. Your velocity decreases at 12-15 feet. Hence, an absolute safe pool for diving is the one that is 18-20 feet deep, and not one that is shallow.

Similarly, pool curves or contours, with their gradual slope to the bottom, prevent accidents! They too, like the water depth, act as a brake to the diver's trajectory through the water. Conversely, inadequate pool curves and contours could result in severe accidents.

The absence of pool markings is another potential cause of swimming pool accidents. Pool markings provide a visual reference to the divers for estimating the water depth and profile of the floor and absence of such markings is a death trap for divers. Protruding ladders, water pipes, and other things inside the water are further invitations to serious injuries.

Also, check for the equipment with which a swimming pool is fitted, such as ladders and diving boards. Whether you have an in-ground pool or an aboveground one, always make sure that the ladders are in proper condition, secured tightly with no loose hinges. Please make sure that no ladder is with step that is cracked or broken.

The absence of a trained lifeguard around the pool premises to detect, if a person is going down while swimming is another major cause of pool accidents and fatalities. Not many people know that the drowning victim's first impulse is not to shout, but to use every ounce of energy to keep him/her afloat and breathe in oxygen. Only a trained eye can detect that a person thrashing about in the water may not be enjoying himself soundlessly, but is actually trying his best not to drown! Thus a trained lifeguard who can perform rescues, use life-saving cardiopulmonary resuscitation (CPR) processes, and warn of possible dangers around the pool area, is the real asset around a pool.

Originally posted at InjuryBoard by Edward Smith

Plan to Tighten Dangerous Dog Law Abroad

Rick Patterson — Thu, 24 Jan 2008 17:07:05 GMT

The safety of people as it pertains to dog bites has long been a concern here in the U.S. and abroad. Recently, in Scotland, a new law to control dogs deemed to be dangerous has been in the Scottish Parliament.

Alex Neil, a member of the Scottish Labor Party (SLP) wants courts to impose "dog orders" for dangerous pets. The proposed "dog orders" would ensure dogs were micro-chipped and kept under strict conditions.
The "dog orders" would not be breed specific. Neil believes that the emphises should shift from "breed to deed." Many people are against the deed v. breed proposal given the propensity of some breeds for violence.

Currently, there is a Dangerous Dogs Act in place. However, Neil is not impressed with the loopholes in that particular Act. For example, just last month, a Rottweiler killed a baby boy in West Yorkshire. Yet, Rottweilers are not included in the Dangerous Dog Act. Of further concern is the fact that dog bites in Scotland have doubled in the past ten years. Neil is hopeful that switching the focus from breed to deed will take care of the current loopholes.

Originally posted at InjuryBoard by Rick Patterson

Tatiana Tiger Not Taunted?

Larry Knapp — Sat, 19 Jan 2008 06:22:09 GMT

O.K. the experts say that yelling and waving hands at a tiger likely wouldn't be enough to provoke it to attack. Even throwing rocks wouldn't necessarily cause the cat to leave its home and track down a taunter. You would have to hit it in the face or poke it repeatedly. Urinating

would provoke it, too.

While there is no evidence that the boys involved in the tiger attack hit the cat in the face or poked it or even urinated it, it is possible that a jury would assign them a portion of fault for waving and yelling. That's called comparative fault under California Law and even thought the owner of the Tiger is strictly liable for the injuries it inflicted this comparative fault element could be significant. The reason it is significant is because the jury in a civil case is first asked to determine how much the damages are to the plaintiff. So, for example in this case let's say the damages are $1,000,000.00. In a separate question the jury is asked what portion of fault, if any, does the plaintiff have for the attack. If the jury is convinced that the plaintiff brought the attack on themselves they could assign 99% comparative fault. The judge would then reduce the $1,000,000.00 by 99% leaving $10,000.00. That's a huge reduction.

For more information on this subject, please refer to the section on Premises Liability.

Originally posted at InjuryBoard by Larry Knapp

Dog Bites North Carolina Child

Shannon Weidemann — Thu, 16 Aug 2007 18:30:55 GMT

A family pet bit a child in Four Oaks, North Carolina and the child needed to be hospitalized for the injury. It is unknown why the dog bit the child. The director of the local Animal Services office says that the bite was "pretty bad."

No other details were immediately available about the age or condition of the child, who was attacked by a pet English bulldog, Wilkinson said. Wilkinson said the child was airlifted to a trauma hospital in the Triangle.

The dog had a current rabies vaccination and is being kept in quarantine. The incident is being investigated by the authorities.

Originally posted at InjuryBoard by Shannon Weidemann