Articles Posted in Dog Bites

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.

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.”

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.

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.

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.

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.