Southern California Injury Law Blog

There have been two vicious pit bull attacks in the last two weeks here in Orange County and other similar attacks throughout California this past summer. Is it the heat, the breed or have these dog owners been fooled in thinking these dogs are really good pets?

In the most recent case a three year old was mauled by her family’s pit bull in her own backyard. She is still in the hospital recovering from puncture wounds to her face and neck and several other lacerations. This young girl from the Orange County community of Fullerton was left to play alone in the backyard with the dog. In most cases, the owners always emphatically state, “this dog has never shown aggression before”. We have heard such statements in our cases before as a dog bite specialist.

In another vicious attack, in Dana Point Harbor, two dog owners were walking their dogs when the pit bull attacked and killed a terrier. Animal control declared the pit bull a "vicious animal" according to statute and the owner ultimately surrendered the dog to be euthanized.

California state law is clear that if you own a dog, you are responsible for its behavior. If you have been the victim of a dog attack, don’t hesitate to call a California dog bit attorney.

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Posted In: Dog Bites

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Laguna Hills City Council recently honored four men who courageously saved a woman from probable death from a vicious mauling of three bullmastiff dogs.

It was last December when one of the men, Ed Barnard was standing on his front lawn. According to city reports, one of the dogs bit him but he was able to tear him away. While on his phone to call emergency services for his wounds, he heard a woman screaming. Barnard and his neighbors came after the dogs with shovels and sticks to distract the dogs.

By the time they reached the women, the three dogs had nearly ripped off her arm and she almost died. Another man, Jim Warren used his body as a shield to cover the woman until the others distracted the dogs away. The 61 year old woman underwent over 8 hours of surgery but is now recovering. The men described the incident as a very traumatic and intense situation.

These four courageous men are indeed heroes!

If you own a dog in the state of California and Orqange County, you are strictly liable and responsible for its behavior and you are also liable for the personal injury if it bites someone.
Call experienced California personal injury attorneys if you have been injured by a dog bite.

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Posted In: Dog Bites

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Cypress Police Department in Orange County are calling the dog bites from its own police dog an accident, but the 22 year old woman that was bitten has filed suit through her attorney.

The dog bite happened in the early morning hours of August 16th, 2008. Police officers were searching a neighborhood for an armed robbery suspect. The police asked the homeowner if they could search the surrounding property and garage. The homeowner agreed, but had f a guest sleeping in the garage. When the officers and dog entered the garage, they found Alicia Quinonez, 22 sleeping. Quinonez was startled awake and may have kicked or swiped at the dog, that fact is disputed at this point. She was taken to a nearby hospital with severe bites to her right leg.

Her attorney claims that a police dog should be have been better trained. The city is now conducting a full investigation. Whether a governmental official or private citizen, a dog owner is responsible for the behavior of his/her dog. When ever someone ifs bitten wrongly, a California personal injury attorney specializing in dog bite cases can provide a meaningful evaluation of your right to bring a claim.

James Ballidis is an attorney practicing in Orange County California and specializes in Dog bite and personal injury claims.

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Posted In: Dog Bites , Injuries

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Doug and Vicki Perry were happily walking their dogs through their normally quiet Anaheim neighborhood one day when suddenly and brutally they were attacked by a sole pit bull. The couple recalled that the pit bull literally “came out of thin air” and attacked both them and their dogs.

Motorists pulled to the side of the road, neighbors heard the loud screams for help and eventually the pit bull had to be beaten and stabbed to release the tight grip. At one point, Doug Perry ran into a house to grab a knife to help defend against the vicious dog. In the end, both dogs and the couple had been seriously injured in the chaos.

The Anaheim police department is now looking into aggressive behavior complaints by this pit bull dog earlier in the week. If this is correct, then the dog owner could be facing criminal charges. In California, the owner will face civil liability because of our dog bite statutes.

If you own a dog in the state of California you are responsible for its behavior, and if it is a breed that has a propensity for violence, California has a strict liability statute that hold you responsible even if the dog had never attacked another before.

If you have been injured or bitten by a dog and have incurred an injury, don’t hesitate to contact an experienced Anaheim California Dog Bite attorney as soon as practical. We can help maximize your recovery and also make sure that the dog owner is held fully accountable.

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Posted In: Dog Bites , Injuries

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A California man, Eric Quek, is considering his options after a horrific attack from his neighbor’s dog left him fighting for his life with serious injuries to his body. Mr. Quek and several of his neighbors had been complaining to animal control about their neighbor’s pit bulls and how they were often fearful walking on their own property. These dogs literally terrorized this neighborhood.

Quek was just spraying weeds on his small farm when the four dogs saw him and at once they ran towards him and started attacking. He fought them off with his pruning tools but he was no match for four adult pit bulls. Fortunately his other neighbor saw the attack and scared the dogs away. Quek spent several weeks in the hospital with serious personal injuries but luckily survived.

Even though animal control eventually put down three of the four dogs, the forth dog was said to have been transferred out of state to another home. It is doubtful the new owner would know anything about this dog’s past behavior.

If you’ve been attacked by a dog, don’t hesitate to contact a California dog bite attorney who specializes in personal injury. They will explain to you your rights in the situation and proceed if necessary. Call us for a free consultation at 1 888 752-7474.

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Posted In: Dog Bites

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Avoiding a dog bite can be a precarious effort. If you run, you entice the dog to chase you. If you yell and scream in an attempt to intimidate the dog, you can actually frighten the dog and in so doing may instigate an attack. If a dog is barking or growling at you, it may be attempting to show you aggression or fear. Are these attacks avoidable?

In our client’s case, attack could not be avoided. The dog had escaped the backyard of the neighbor' s house, and had attacked our client' s dog. When our client attempted to separate them, he was attacked as well. Although he received a $325,000 settlement, for the injuries he had sustained, an after-the-fact settlement still means our client was a victim.

Several dog experts in recent years have proposed methods for avoiding an attack by a dog. However, those methods have been met with mixed results. As alluded to earlier, if you attempt to out run the dog you will likely be brought to the ground from behind and sustain more serious injury. There are several things you can try however that will minimize the possibility of an attack.

1. Don't look the dog directly in the eye. By avoiding direct eye contact, you minimize your appearance of aggression to the dog. Many times you will see the dog become more passive attitude you can move away from each other slowly yet effectively.

2. Don't run at the dog. As a personal injury attorney I have seen a number of cases where a client has attempted to scare the dog by running at it. While the dog may initially begin to turn and flee, in the confusion of the moment more typically the dog circles and attacks from a different direction. Instead simply remain still and if you can't relax. By relaxing, the dog's primal instinct seems to improve its disposition.

3. Some experts have suggested that you show dominance by screaming or yelling to establish authority. Clients that this personal injury attorney has represented has not seen not as effective tool. However, it may be worth your while to appear larger than you are by standing tall in a wrecked, using your code to make your appearance wider and by standing your ground at least until an attack is imminent.

It is an attack is unavoidable, protect yourself with your hands and legs. Injury to these extremities is more readily resolved in significant biting her thrashing of the torso neck or other vulnerable areas. If you've been attacked by a dog, feel free to contact us for a free consultation at 1 888-752-7474. As an expert attorney dedicated to representing dog bite victims, we will provide you with competent and experienced representation that will maximize your damages award.

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Posted In: Dog Bites , Injuries , Insurance Disputes

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A local trial here in Orange County is raising the debate, once again, among dog owners and their responsibilities. In this case, a woman in Westminster faces up to one year in jail for her pit bulls aggressive behavior and personal injury attack on a postal carrier. The women had a long history of keeping aggressive animals. In fact just last June, another one of her dogs just attacked a visitor in her home. When do the rights of a dog owner supersede the rights of a person not to be attacked in a home, neighborhood and park? How often do we need to hear that a pit bull is a great pet dog for children?

Every 40 seconds in the United States someone seeks medical attention for a dog bite. Of the 4.7 million people afflicted by dog bites each year, about 800,000 needs to seek professional medical attention. Moreover, in 77% of these cases, the victims often are kids. Tragically the head and face is frequently the target, leaving damaging scars and emotional trauma, as well as personal injury.

Here in California the law is quite clear regarding liability in dog bite cases. If you are a dog owner and your dog bites someone, regardless of provocation, you are liable. As with most laws, there are some exceptions such as cases involving a trespasser or veterinarian.
If you or your child has experienced any type of personal injury in a situation involving a dog bite, don’t hesitate to contact an experienced firm such as Allen, Flatt, Ballidis and Leslie. They have previously handled many cases and have the experience to solve yours in a professional manner. California state law has special provisions for a dog bite that occurs where children under 5 are involved. Get an experienced personal injury attorney on your side!

In another case that ultimately went to the California Supreme Court, last week a Superior Court Judge charged Marjorie Knoller with murder and sentenced her to 15 years in jail. The facts of the case were very bizarre and disturbing. Ms. Knoller, the dog owner, knew her dogs were genetically predisposed to being vicious and the dogs had recently displayed violent behaviors against other neighbors. During the 10 minute incident where her neighbor was mauled to death back in 2001, she did nothing to stop her dog or call 911 for help. To make matters worse, Ms. Knoller blamed the dead women for the attack. Very disturbing indeed.

Whether you own a Presa Canarios, like in the above case or a tiny little poodle, every dog owner should know that any dog can bite in certain circumstances. Pit Bulls, Rottweiler’s, German Sheppard and Dobermans all have aggressive tendencies. In fact over 44% of all dog bites come for German Sheppard. Before purchasing a breed, make certain you know as much as you can about the dog’s behavior and make sure it fits well with your family situation.
If you have children, it’s important that they know correct behaviors if there is a dog in the household or if they encounter one in the neighborhood. A great booklet with great discussion topics for you and your family can be found at the American Veterinary Medical Association, http://www.avma.org/animal_health/brochures/dog_bite/dog_bite_brochure.asp.

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Posted In: Dog Bites , Injuries

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Nancy Matthews was walking with her two children one day in her San Diego neighborhood when she was viciously attacked by two boxers. These types of stories used to be a rare occurrence, but now we seem to hear about attacks more frequently. In fact, every 40 seconds, someone in the United States seeks medical attention for a dog bite. Unfortunately, the death rates of dog attacks are on the rise.

In an average year, over 4.7 million people get bit by dogs and 800,000 people are sent to an emergency room with more severe bites. Most of the attacks are in the facial/head area

Continue reading "DOG BITE PREVENTION TECHNIQUES CAN PREVENT A TRIP TO A CALIFORNIA LAWYER" »

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Posted In: Dog Bites

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A recent article in the Los Angeles Times reported that the City of Costa Mesa paid an unusual sum to settle a claim of wrongful killing of a family dog, $225,000. This represents a sizable amount if considered alone, even for a family pet loss. Some crime victims have not received such a high settlement or verdict for wrongful death claims of their family members. Here is a video on prevention.

So why did the City of Costa Mesa pay so much?

Continue reading "Recent Dog Slaying Gets Owner $225,000." »

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California statutes require a vehicle owner carry at least $15,000 of insurance. With the rates of insurance escalating, many people carry the minimum insurance; an amount set more than 25 years ago and unchanged since that time.

You and your family can protect themselves from uncompensated injury and damages. Obtain uninsured motorist coverage. It is very inexpensive, sometimes only several dollars per 6 months and if the other driver does not have insurance or minimum insurance, you are able to use your uninsured motorist coverage. This way you and your family are protected from that person who does not carry sufficient insurance or has no insurance at all.

If you need help with an uninsured motorist claim, call an experienced lawyer in california that can help with your case.http://www.allenflatt.com/lawyer-attorney-1129430.html

While 20 years ago $15,000 would protect a larger portion of the population when an accident occurred, it is hardly enough in cases where someone is significantly injured. An emergency room hospital visit, ambulance and MRI can be as high as $5,000 to $7,000. Therefore $15,000 is going to be inadequate under such circumstances.

So what should a person do if they are faced with what may be minimum insurance and who wants to give a percentage to an lawyer? You should! Let me show you how a qualified personal injury lawyer adds value.

First any lawyer that is faced with a minimum policy case must consider whether it is ethical to collect the full fee, particularly if the injuries are severe. If an lawyer does not at least discuss your concerns at the initial meeting, then you should consider looking for a more qualified lawyer.

There are a number of ways to gain additional recovery than the car owner’s accident insurance policy. FOUR are the most often uncovered:

FIRST: The driver’s insurance should be thoroughly investigated. For instance does the driver have an excess policy? Is the driver carrying other types of insurance? Does the owner of the vehicle have an excess rider that covers persons driving their car? We have routinely uncovered more insurance than was first told to our potential clients, by asking the correct questions early in the case.

SECOND: Was the other driver in the “Course and Scope of any employment”. This is a specific term of art and does not simply mean that the person was on the clock at the time of the accident. If the other driver uses his car to transport materials or go to outside appointments, even if he or she is not going to a specific appointment at the time of the accident, the employer may be responsible since the employer benefits from having the employee driving his or her own car. Transporting tools on a construction job, or salesman who have samples in their car are all successful examples of coverage established by us in cases where there was originally thought to be no or little insurance.

THIRD: Does the driver of the other car have any assets that should be considered before letting that driver out of any claim? Many people own homes outright and can contribute to a settlement or judgment by taking a long-term loan on their home. The choice is always that of the client, but the client should be told of all locatable assets before deciding that they do or do not want to pursue more recovery.

FOURTH: Do you have underinsured motorist coverage? This is coverage that you purchased, (inexpensively by the way if you check your bill) that you might claim against if your claim exceeds the other driver’s coverage. As long as the accident is not your fault, you are entitled to make a claim without your rates being altered. California statutes require however that you collect the full amount of any other insurance from the other party before you are entitled to make an underinsured motorist claim and you must carry greater uninsured motorist coverage limits than the other driver’s insurance limits.

Even in the most dire of circumstances, we have had great success getting more money into the pocket of the client than the doctors or hospitals by advising of limits of insurance and negotiating the reduction or elimination of those medical bills hovering over a client.

You should always consider a personal injury lawyer whenever you are facing trouble because of limited insurance. We are almost always able to get greater sums into the pocket after all is said and done than the client would be able to do. Feel free to call us at 1 888 752-7474 for a free, no pressure, consultation.

Yours truly Jim Ballidis

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Posted In: Car Accidents , Dog Bites , Insurance Disputes , Motorcycle Accidents , Truck Accidents

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