Sunday, June 19, 2011

San Diego Woman Attacked By Pit Bulls ~

It has been reported by the San Diego Union-Tribune that 75-year old Emako Mendoza was mauled at her Paradise Hills home by her neighbor's two pit bull dogs on Saturday morning. She was transported to Scripps Mercy Hospital, underwent one leg amputation, and may lose her left arm, according to her husband and authorities.

The dog bite attack occurred at approximately 6:30 a.m. while Mrs. Mendoza went to retrieve the morning paper inside the fenced back yard of her home in Paradise Hills. Her husband, Frank Mendoza, was asleep when the attack occurred. He was awakened by the constant ringing sound of his doorbell. He ran outside, found his wife lying bloodied on the ground, and called 9-1-1.
The neighbors' dogs had apparently entered the Mendozas' backyard through a hole in the fence. The put bulls were subsequently surrended to San Diego County Animal Control and euthanized.

Pit Bull Attacks & Your Legal Rights

Unfortunately, dog bite injuries are common with certain breeds of dogs - in particular, pit bulls. These dogs cause serious injuries and attack people, often because of their aggressive nature and the power of their bite. Typically, a pit bull does not bite just once, but continues to attack until its prey succumbs.
California has a strict liability dog bite statute which states that the owner of a dog is liable for damages (injuries) inflicted by his/her dog if it b ites a person who is either in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342).

The dog owner is strictly liable, regardless of whether the dog had ever bitten before or shown aggressive tendencies. In California, a dog does not get "one bite free."

Kerckhoff Law, APC is a San Diego personal injury law firm handling all types of serious injury cases. If you have been injured or have lost a loved one due to a dog bite attack, contact Jason Kerckhoff at 866-606-3059 for a free consultation with an experienced San Diego personal injury attorney.

Wednesday, May 4, 2011

Injured In A San Diego Dog Bite Attack?


You may not know that California has a strict liability dog bite statute which states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including on or near the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342).
Therefore, the dog owner is liable regardless of whether or not the dog had ever been vicious before, and regardless of whether or not the owner had reason to believe the dog would behave in a vicious manner. The dog does not get "one bite free."
In dog bite cases, it is essential that prompt measures be taken to preserve evidence (including taking photographs), investigate the incident in question, and enable physicians and other expert witnesses to thoroughly evaluate all of the injuries.
In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make one "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is the possibility that the party can also recover what are known as "punitive" damages. These are designed not for the purpose of making the injured party "whole," but rather to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal which could cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical dog bite case.
Click here to review dog bite safety tips that we previously blogged about.
Jason Kerckhoff is a San Diego dog bite lawyer who has handled numerous dog attack cases.

Saturday, April 9, 2011

Have You Been Injured In A San Diego Dog Bite Attack?

California has a strict liability dog bite statute which states that the owner of a dog is liable for damages inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including on or near the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342).

The dog owner is liable regardless of whether or not the dog had ever been vicious before and regardless of whether or not the owner had reason to believe the dog would behave in a vicious manner ~ the dog does not get "one bite free."

In dog bite cases, it is essential that prompt measures be taken to preserve evidence, investigate the incident in question, and enable physicians or other expert witnesses to thoroughly evaluate all of the injuries.

In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole"; however, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is the possibility that the party can also recover what are known as "punitive" damages. These damages are designed not for the purpose of making the injured party "whole," but rather to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal which could cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical dog bite case.

For more information, visit www.sdinjuryatty.com