COVID-19 - Walton Law Firm

Child Dog Bite Cases Rise During the Pandemic

North County Injury Lawyers — Sat, 12 Dec 2020 02:40:58 GMT

Dog bites in Oceanside can result in serious and deadly injuries, and wounds can be particularly severe when children are bitten. While nobody wants to think about a family dog biting a child and causing a severe or even fatal injury, many dog bite incidents involve family pets, and the animal attacks are unexpected. According to a recent study published in The Journal of Pediatrics, dog bite incidents affecting children have “surged” during the COVID-19 pandemic, resulting in hospital visits and serious injuries while families are grappling with other health concerns and risks. We want to say more about the study and recent dog bite incidents impacting younger kids in Oceanside and throughout Southern California.

Sheltering at Home Has Meant More Time With Family Pets

Unfortunately, although sheltering at home can have some health benefits since children and adults are at less risk of being exposed to the coronavirus, in-home injury risks rise. When families have one or more dogs in the house, the more time a child spends at home, the higher the possibility of a dog bite case. And just as families engaging in social distancing practices are trying to remain at home while experiencing significant anxiety, family pets are also experiencing higher stress levels. All of that tension in a household can be risky. According to the new study, adults and children alike are experiencing higher levels of stress due to the COVID-19 emergency, and “canine companions can be particularly susceptible to these stresses.”

Indeed, as children are at home “24 hours a day, 7 days a week,” and parents and caregivers are undergoing substantial stress, the authors of the study report that “dogs may be experiencing ‘emotional contagion,’” which is “a state in which companion dogs mirror the emotions and the stress levels of their human caregivers.” As a result of all the tension among adults and children alike, and the emotional contagion of family dogs, “these unique circumstances can increase the likelihood of adverse interactions between children and their dogs.” And in fact, recent data has suggested as much.

More Time at Home During the Pandemic Has Resulted in More Child Dog Bites

Children’s visits to emergency departments due to dog bite injuries have increased by three times the typical rate, and incidents of child dog bite cases have remained high as the pandemic has persisted. Children between the ages of 5 and 9 are particularly susceptible, and it is important for parents and other caregivers to recognize these risks and to take steps to reduce the likelihood of a dog bite.

The authors of the recent study in The Journal of Pediatrics emphasize that parents and guardians always need to supervise children when they are with a dog, even if it is a family pet. Younger children, in particular, may not know how to behave safely around a dog and might unintentionally behave in a certain way that leads an otherwise loving animal to bite.

Contact an Oceanside Dog Bite Lawyer

If you need assistance filing a claim for a dog bite injury, one of our experienced Oceanside dog bite lawyers can help you. Contact the Walton Law Firm to learn more about the dog bite cases we handle and how we can provide you with more information about dog bite injury compensation.

San Marcos Hotel Negligence in the Era of Coronavirus

North County Injury Lawyers — Sat, 19 Sep 2020 01:05:39 GMT

If you are planning to stay at a hotel in San Marcos or elsewhere in Southern California, you should be able to expect that the hotel will maintain the premises in a reasonably safe manner, and that you will not be exposed to unreasonable risks of harm or injury. However, in the era of COVID-19 and the coronavirus pandemic, the idea of being reasonably safe in a hotel environment has shifted. Many people still want to travel within California, and others want to plan vacations to Southern California from other parts of the country. Ultimately, if you stay at a hotel where you contract COVID-19, can you file a negligence claim against the hotel?

This is a complicated question, and it ultimately depends upon a number of different factors. We will provide you with some clarifying information below, but it is important to speak with a hotel negligence attorney in San Marcos to determine whether or not you have a claim.

Was the Hotel Negligent in Failing to Prevent the Spread of the Coronavirus?

Generally speaking, in order to have a valid negligence claim in California against a hotel or motel, an injury plaintiff needs to prove the following elements:

Hotel or motel owed a duty of care (which is easy to prove for anyone who paid to stay at the property);
Hotel or motel breached its duty of care by failing to take reasonable steps to prevent hazards on the property;
Hotel or motel guest suffered an injury as a result of the breach of the duty of care; and
Hotel or motel guest sustained damages.

In the age of COVID-19, it may not be immediately clear what constitutes negligence, however, or what steps a hotel or motel must take in order to reduce the risk of COVID-19 infections among guests. Generally speaking, the U.S. Centers for Disease Control and Prevention (CDC) provides guidelines for hotels and motels to help reduce the spread of the virus. Those guidelines include requirements for employees, social distancing in common areas, limiting the total number of guests in the hotel room, creating contactless delivery for room service, minimizing guest and employee traffic in hotel spaces, and conducting regular and more intensive cleaning processes for guest rooms and common areas.

Did You Sign a Waiver of Liability?

Did you sign a waiver of liability? While liability waivers are not always enforceable, COVID-19 waivers tend to be more enforceable for customers or clients (than for employees) as long as the client or customer understood the risks when they signed the release.

Regardless of whether the hotel or motel followed guidance from the CDC or other state guidance, you may not be able to file a claim if you signed a liability waiver that released the hotel from responsibility for coronavirus exposure, you may not be eligible to file a claim.

Seek Advice From a Hotel Negligence Lawyer in San Marcos

If you recently stayed at a hotel or motel in Southern California and contracted an illness or suffered an injury, you should speak with a San Marcos hotel negligence attorney to learn more about your options for filing a claim. Contact the Walton Law Firm to discuss your case with an experienced personal injury lawyer today.

Car Accidents in Encinitas During the Coronavirus Pandemic

North County Injury Lawyers — Sat, 18 Apr 2020 02:15:46 GMT

If you live in Encinitas or in another part of San Diego County, you have likely been staying home as much as possible for the last number of weeks. All Californians are required to stay home “except to get food, care for a relative or friend, get necessary health care, or go to an essential job,” according to the state’s stay-home order. The order is in place until further notice, and it first took effect on March 19, 2020. While anyone who has an essential job—and thus must drive to work—or needs to leave the house for food or medicine is still at risk of being injured in a motor vehicle crash, it looks like that risk is significantly lower. Indeed, according to a recent article in the Los Angeles Times, since the stay-home order took effect, motor vehicle collision rates have dropped significantly.

We want to say more about the lowered risk of an auto accident during the pandemic, and to discuss what you should do if you are involved in a crash at this time.

Fewer Motor Vehicle Crashes With Lower Traffic Rates

More Californians are staying home as Governor Newsom’s order requires, which means that fewer vehicles are on the roads. According to the Los Angeles Times article, the stay-at-home order is believed to “have reduced vehicle collisions on California roadways by roughly half,” based on data from a new survey conducted by UC Davis. That survey suggests that “about 15,000 fewer collisions per month and 6,000 fewer injury accidents per month” have occurred in the state. Those accident and injury reductions coincide with a decline in California roadway traffic by approximately 60%.

In particular, the total number of drunk driving accidents has gone down significantly. That reduction in accident rates likely is due not only to the reduction in traffic on the roadways, but also to the closure of bars and restaurants in the state. Even if this pattern continues, however, researchers believe that the number of lives saved by the lower rate of motor vehicle collisions will not statistically make up for the number of lives lost due to COVID-19.

What You Should Know if You are Involved in a Traffic Collision

Fewer traffic accidents are happening in California, but they have not been totally eradicated. Given that many Californians still must drive to essential jobs, and must get behind the wheel to pick up necessities or to care for loved ones, collisions are still happening. Yet filing a motor vehicle accident claim may have some complications that potential plaintiffs should anticipate. For example:

Seeking medical attention may be more difficult, given that you may have concerns about putting yourself at risk of exposure to COVID-19 by visiting a doctor’s office or a walk-in clinic or emergency department. Yet being assessed by a healthcare provider is essential for having a strong case.
Insurance adjusters may be delayed. While the California stay-home order allows essential businesses like insurance companies to remain operational, many have delays due to complications pertaining to in-person investigations.
Courts across the state are closed to all but emergency matters, and as such, you may have to wait for a court date if you file an injury lawsuit. However, your car accident lawyer can still get started on your claim today.

Contact an Encinitas Car Accident Lawyer

If you need assistance with your claim, an Encinitas car accident attorney can help. Contact the Walton Law Firm today.