Dog Bite Prevention: Safe interaction, education, responsible pet ownership are key

April 11, 2018 | 11:39 am


Each year about 4.5 million people in the United States are bitten by dogs and 800,000-plus receive medical attention for dog bites, according to the American Veterinary Medical Association. Many of the dog bite victims are children, the elderly and postal carriers.

The good news is that many dog bites can be prevented with safe and appropriate interaction with canines, education, and responsible pet ownership.

The motto for this year’s Dog Bite Prevention Week, observed from April 8-14, is “70 million nice dogs … but any dog can bite.” Here are a few tips to help keep us all safe from dog bites, courtesy of the Humane Society of the United States and American Veterinary Medical Association.

Socialization

Socializing your pet helps it feel at ease in different situations. By introducing your dog to people and other animals while it’s a puppy, it feels more comfortable in different situations as it gets older. It’s also important to use a leash in public to make sure that you are able to control your dog.

Responsible pet ownership

Basics of responsible dog ownership that can help reduce the risk of dog bites include carefully selecting the dog that’s right for your family, proper training, regular exercise, and neutering or spaying your pet.

Education

Educate yourself and your children about how, or whether, to approach a dog.

Avoid risky situations

It’s important to know how to avoid escalating risky situations and to understand when you should and should not interact with dogs. You should avoid petting a dog in these scenarios:

  • If the dog is not with its owner
  • If the dog is with its owner but the owner does not give permission to pet the dog
  • If the dog is on the other side of a fence – don’t reach through or over a fence to pet a dog
  • If a dog is sleeping or eating
  • If a dog is sick or injured
  • If a dog is resting with her puppies or seems very protective of her puppies and anxious about your presence
  • If a dog is playing with a toy
  • If a dog is growling or barking
  • If a dog appears to be hiding or seeking time alone

Pay attention to the dog’s body language

Put a safe amount of space between yourself and a dog if you see the following signals, indicating that the dog is uncomfortable and might feel the need to bite:

  • Tensed body
  • Stiff tail
  • Pulled back head and/or ears
  • Furrowed brow
  • Eyes rolled so the whites are visible
  • Yawning
  • Flicking tongue
  • Intense stare
  • Backing away

When putting space between yourself and a dog that might bite, never turn your back on them and run away. A dog’s natural instinct will be to chase you.

Safety tips for children

You can help protect your child from dog bites by discussing with him or her the appropriate way to behave around dogs.

  • Children should not approach, touch or play with any dog that is sleeping, eating, chewing on a toy or bone, or caring for puppies. Animals are more likely to bite if they’re startled, frightened or caring for young.
  • Children should never approach a barking, growling or scared dog.
  • Children should not pet unfamiliar dogs without asking permission from the dog’s guardian first. If the guardian says it is okay, the child should first let the dog sniff his closed hand. Then taking care to avoid petting the dog on the top of the head, he can pet the dog’s shoulders or chest.
  • Children should not try to pet dogs that are behind a fence or in a car. Dogs often protect their home or space.
  • If a child sees a dog off-leash outside, he should not approach the dog and should tell an adult immediately.
  • If a loose dog comes near a child, he should not run or scream. Instead, he should avoid eye contact with the dog and stand very still, like a tree, until the animal moves away. Once the dog loses interest, the child can slowly back away.
  • If a child falls down or is knocked to the ground by a dog, he should curl up in a ball with his knees tucked into his stomach, and fingers interlocked behind his neck to protect his neck and ears. If a child stays still and quiet like this, the dog will most likely just sniff him and then go away.
  • Children should never try to outrun a dog. If a dog does attack a child, the child should “feed” the dog his jacket, bag, bicycle—or anything that he has for the dog to grab onto or anything he can put between himself and the dog.

What to do if you think a dog may attack

If you are approached by a dog that may attack you, follow these steps:

  • Resist the impulse to scream and run away.
  • Remain motionless, hands at your sides, and avoid eye contact with the dog.
  • Once the dog loses interest in you, slowly back away until they are out of sight.
  • If the dog does attack, “feed” them your jacket, purse, bicycle or anything that you can put between yourself and the dog.
  • If you fall or are knocked to the ground, curl into a ball with your hands over your ears and remain motionless. Try not to scream or roll around.

What to do if you’re bitten by a dog

If you are bitten or attacked by a dog, try not to panic.

  • Immediately wash the wound thoroughly with soap and warm water.
  • Contact your physician for additional care and advice.
  • Report the bite to your local animal care and control agency. Tell the animal control official everything you know about the dog, including their owner’s name and the address where they live. If the dog is a stray, tell the animal control official what the dog looks like, where you saw them, whether you’ve seen them before and in which direction they went.

Lastly, contact a personal injury lawyer if you think you have a case.

Chain | Cohn | Stiles resolved a lawsuit in 2016 on behalf of a Bakersfield woman for $2 million in what is the largest award for a dog bite case against a public entity in California. Learn more about that case here.

———

If you or someone you know it attacked or bitten by a dog, contact the lawyers at Chain | Cohn | Stiles by calling (661) 323-4000 to schedule a free consultation, or visit the website chainlaw.com.

Chain | Cohn | Stiles settles K-9 dog bite case against County of Kern for record $2 million

January 13, 2016 | 8:49 am


Chain | Cohn | Stiles has settled a lawsuit on behalf of a Bakersfield woman for $2 million in what is the largest award for a dog bite case against a public entity in California, according to VerdictSearch, a verdict and settlement database.

On July 21, 2013, Erin Casey (21 years old at the time) was attacked by a K-9 dog accompanying a Kern County Sheriff’s deputy while outside of a restaurant in north Bakersfield. Responding to a domestic dispute, the deputy exited his patrol vehicle and began walking toward Casey. At that time, the K-9 exited the patrol car, ran toward Casey and began biting her for 60 to 90 seconds. Casey suffered several major bite wounds to her leg.

Investigation found that the K-9 escaped from its holding kennel in the back of the patrol car due to a mechanical defect inside of the car. The deputy agreed that the K-9 should not have been let out of the patrol car. In addition, the K-9 failed to respond to commands from the deputy to cease attacking.

Chain | Cohn | Stiles filed a lawsuit against the County of Kern shortly after the incident on behalf of Casey.  The parties recently agreed on a settlement for $2 million, a record amount against a public entity in California for a dog bite case, VerdictSearch records show.

Casey was represented by attorneys Matt Clark and Neil Gehlawat from Chain | Cohn | Stiles.

“Law enforcement K-9s are capable of inflicting serious injuries, including death, which is why it is imperative that they only be released when necessary, and in accordance with departmental protocols,” said Clark, lead attorney on the case. “Also, when they are released, they must be under the control of their handler. In this instance, everyone agreed that the K-9 should not have been released, and once it latched onto Ms. Casey, the deputy failed to control his dog. As a result of this mistake, Ms. Casey sustained severe, life-altering injuries.

Clark added: “We believe this settlement fairly compensates Ms. Casey for her loss.”

If you or someone you know has been attacked by a dog, contact the dog bite attorneys at Chain | Cohn | Stiles for a free consultation at (661) 323-4000, or visit the website chainlaw.com.

* Editor’s Note: Neil Gehlawat is no longer an attorney with Chain | Cohn | Stiles *

————-

MEDIA COVERAGE

Wrongful death, auto accident cases headline million-dollar results in 2015

January 6, 2016 | 11:31 am


As the New Year begins, let’s take a look back at 2015 at several real results Chain | Cohn | Stiles obtained for the people of Kern County in their accident, wrongful death and workers’ compensation* cases.

$6 Million – Wrongful Death

Jesse Rios was going for his routine morning jog when he was struck and killed an employee of West Coast Casing, LLC. The driver was driving a company truck home from work when he fell asleep at the wheel in a residential neighborhood, allowing his truck to veer up onto the sidewalk, where he struck Jesse.

Jesse left behind a young daughter, a new wife, and his devastated mother. Before his death, Jesse had worked two jobs to help care and support his family.

Chain | Cohn | Stiles filed a wrongful death lawsuit on his family’s behalf, claiming that Eliseo Soto was negligent when he fell asleep at the wheel.

During the lawsuit, it was discovered the driver had previously had an accident due to falling asleep at the wheel. Also, he admitted that he was tired on the morning of the accident and that he should have pulled over to the side of the road and slept. In addition to proving that both the driver and West Coast Casing, LLC, were liable for the accident, Chain | Cohn | Stiles was able to prove that Jesse, a cook and dishwasher at two chain restaurants, would have financially supported his young family for many years to come.

Chain | Cohn | Stiles retained vocational and economic experts to prove the value of Jesse’s financial contribution to the family. The case settled at mediation for $6 million less than seven months after the accident.

$3.5 million – Big Rig Accident

The plaintiff was driving in his work truck as he was returning to Bakersfield, having performed a job in Lancaster, Calif. As the plaintiff was traveling on the high-way, a dust storm caused visibility to drop to almost zero. The plaintiff came to a stop, as vehicles in front of him stopped. At that time, the defendant, who was driving a tractor trailer for Market Transport, failed to see traffic stopped ahead of him, and he rear-ended the plaintiff.

The plaintiff did not seek immediate medical care after the accident. Instead, his employer drove him back to Bakersfield, and he sought urgent care treatment later that same day. Upon retaining Chain | Cohn | Stiles, the lawyers suggested that the plaintiff seek additional emergency medical care. Shortly thereafter, the plaintiff was diagnosed with a brain bleed.

Chain | Cohn | Stiles filed suit against the defendant and his employer, Market Transport, for negligence in the big rig accident.

Chain | Cohn | Stiles, recognizing the significance of the plaintiff’s injuries, asked that he be evaluated by a neurologist. Ultimately, the plaintiff was diagnosed with a mild to moderate traumatic brain injury. Chain | Cohn | Stiles retained experts in neurology, psychology, neuropsychology, endocrinology, vocational rehabilitation and economics to offer opinions regarding the plaintiff’s future needs.

The case ultimately settled at second mediation for $3.5 million.

$2.35 million – Auto Accident

The plaintiff was driving a 20016 GMC Denali safely northbound in Tehachapi. At the same time and place, a driver of a 2007 Sterling truck was going northbound on the same road while in the course and scope of employment for Shred-It USA Inc.

The defendant carelessly and unlawfully maintained and operated the vehicle so as to cause a crash and rear-end the plaintiff’s vehicle, which caused serious and permanent injuries to his body. As a result, the plaintiff suffered a disability and was unable to resume his pre-injury occupation as a correctional officer.

The case settled in 2015 for $2.35 million.

$2.15 million – Industrial Accident

Plaintiff John Doe was a tractor trailer driver assigned to pick up a load of pipe from Doe Pipe Manufacturer, loaded by the company, and deliver it to a customer in Colorado. The plaintiff’s only involvement in loading the pipe was throwing straps over the load to secure it. When he arrived in Colorado, he began unstrapping the load, when a large piece of pipe rolled, striking plaintiff’s foot. He suffered a broken foot, and eventually developed Chronic Regional Pain Syndrome (CRPS).

Chain | Cohn | Stiles filed suit against Doe Pipe Manufacturer, alleging they negligently loaded the pipe. Specifically, the firm alleged the defendant failed to place anti-roll blocking or chalks around the piece of pipe. The defendant claimed they were not responsible, citing federal safety regulations that state truck drivers are responsible for the safety and securement of loads.

In addition to its trucking expert, Chain | Cohn | Stiles hired a computer graphics expert to create a simulation of the load on the plaintiff’s truck, which proved the plaintiff could not see the top of his load to ensure that the pipe on top was properly chalked into place, and the defendant prohibited him from climbing on top of his load to check. Chain | Cohn | Stiles also retained medical experts to assist in determining what future medical care the plaintiff would require.

The case settled before the court for $2.15 million.

$2 Million – Dog Bite

The plaintiff called the Kern County Sheriff’s Office for assistance with domestic violence. Her child’s father was being abusive.

When Sheriff’s department officers arrived, the plaintiff began walking toward the deputy’s patrol car, and the K-9 inside of the patrol car was released, and began attacking the plaintiff. The department claimed the K-9 was released accidentally.

The dog bite case settled with the County of Kern for $2 million.

$1 million – Wrongful Death

John Doe was a resident in a residential care facility that specialized in the care of adults with severe developmental disabilities.

While in the home, John Doe got into an argument with one of the home’s staff members. John Doe punched the staff member in the face, which resulted in several additional staff members physically restraining John Doe, face down, on the home’s floor. John Doe was restrained for a period of approximately 14 minutes, during which time he stopped breathing. No one from the home attempted to resuscitate John Doe, and he was not provided with any medical care until law enforcement and paramedics arrived on scene.

Chain | Cohn | Stiles filed a wrongful death lawsuit on behalf of John Doe’s mother.

Throughout litigation, the group home contended that it was not at fault for John Doe’s death, and that instead his death was due to his poor health. Moreover, the group home contended that John Doe started the altercation, by punching the staff member. Chain | Cohn | Stiles  was successful in proving that the group home should have provided special training to its staff, including training for how to safely restrain someone such as John Doe.

The case settled for insurance policy limits of $1 million.

$810,000 – Workers’ Compensation

The plaintiff was injured when a drill fell on his shoulder, causing severe injuries to his neck, upper back, shoulder and chest. The client and his family came to Chain | Cohn | Stiles because they needed help dealing with the complicated nature of the injuries and the consequences it was having on all of them.

The total guaranteed payout to the client came out to $810,000 in workers’ compensation benefits.

———–

For more results and case information, visit the Chain | Cohn | Stiles website at Chainlaw.com.

*NOTICE: Making a false or fraudulent Workers’ Compensation claim is a felony subject to up to 5 years in a prison or a fine of up to $150,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.

These results do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Cat saves Bakersfield boy from dog attack

May 14, 2014 | 8:53 am


Dog bite attacks can happen at any moment as evidenced by a Bakersfield video that has gone viral.

A cat came to the rescue of a boy when he was attacked in his driveway in southwest Bakersfield home. Surveillance video shows the boy playing on his bicycle in his front yard when a dog sneaks up behind him and grabs his leg.

The family’s cat, named Tara, according to KERO-23 (ABC) defends the boy, attacks the dog and chases it away. The boy’s mother told KERO that the boy was taken to a hospital and needed 10 stitches, but is doing fine now. The boy’s mother also was bit by the dog after she rescued her son.

The family spoke with The Bakersfield Californian, describing Tara as normally a tame cat.

“My cat, I have no idea where she was prior, honestly through the heat of it, I have no idea where she went after. Full lion safari moment,” the mother said.

The dog belonged to a neighbor, who took it to a local animal shelter, and it is now being quarantined for 10 days, The Bakersfield Californian reported

UPDATE: Since first appearing this morning, the video continues to spread through the web world and various media, from Los Angeles to Sacramento to San Francisco to New York. Other popular media including Time MagazineHuffington Post, and USA Today have also made mentions of the incident. It even reached the United Kingdom.

Tara the car also has earned her very own Facebook page that’s gotten tens of thousands of likes. The Bakersfield Californian reported on Tara’s quick rise in popularity worldwide.

Legal issues

“National Dog Bite Prevention Week” is from May 18 to 24 this year. According to State Farm insurance, California tops the list of states reporting the most dog bite claims, The Bakersfield Californian reported. 

The top 5 states for State Farm dog bite claims in 2013 were:

  • California — 449 claims $14.7 million paid
  • Illinois — 309 claims $8.9 million paid
  • Ohio — 221 claims $4.2 million paid
  • Texas — 207 claims $4.0 million paid
  • Pennsylvania — 180 claims $5.8 million paid

The Bakersfield dog bite and attack lawyers at Chain | Cohn | Stiles are well-equipped to handle personal injury cases involving animal attacks, most commonly dog bite cases. Statistically speaking, children under the age of 10 are at the highest risk for experiencing severe and often permanent impairments from a dog attack.

The attorneys at Chain | Cohn | Stiles have compiled several frequently asked questions that may help you in the case you or a loved one experiences such an incident.

Who can sue in an animal bite or animal knock-down case?

Any person, whether a minor or adult, who has been bitten or knocked down by an animal who has been improperly or inadequately leashed or contained can sue for injuries or death caused by an animal bite or knock-down.

Who can I sue?

If you were injured or a family member was injured or killed by any animal, you can sue the person who has or should have had control of the animal. For a person to be responsible they need not be the owner of the animal. However, an owner who retains some control over the animal remains liable even if the animal is partly under the care of others.

 Are there special protections under the law for people who are bitten by dogs?

Yes. California has a statute that holds that the “owner of a dog is liable for the damages suffered by anyone who is bitten by the dog while in a public place or lawfully in a private place, including the dog owner’s property, regardless of the prior viciousness of the dog or the owner’s knowledge of that viciousness.” Thus, the owner of a dog is strictly liable for anyone who is injured or killed by a dog bite. You do not have to prove that the owner was negligent. Although the dog bite statute does not apply to the person in possession or control of a dog, that person can still be found liable for your injuries if he or she was negligent in controlling or containing the dog.

 Is there a law that protects me and my family if we are attacked by any animal other than a dog?

Yes. The keeper of an animal of a species that is dangerous by nature, or that the keeper knows or has reason to know has dangerous propensities or traits, is strictly liable to anyone injured as a result of those propensities or traits. This rule provides greater protection than the dog bite statute, because it applies to keepers other than owners and animals other than dogs, including horses.

 My child suffered a severe injury after being knocked down by a large dog owned by a neighbor. Can my child bring a lawsuit and recover for his or her injuries?

Yes. If you can establish that the dog had dangerous propensities or traits you will be able to maintain a strict liability case against the owner and will not have to prove negligence. Further, the owner can be held responsible for negligence if you can prove that the owner failed to exercise ordinary care in controlling the dog. This can include failure to warn you and your child of the dog’s dangerous traits, failing to ascertain whether the dog had a dangerous propensity, failing to restrain a dangerous dog, or engaging in conduct likely to excite the dog causing him to knock down your child.

Further, if the dog was unleashed and you were in a city with a leash law, there will be a presumption that the owner was negligent in causing your child’s injuries.

 My aunt was walking down the street when a dog ran out of the house and charged at her. My aunt attempted to run away but tripped, fell and broke her hip. The dog never touched my aunt. Is she entitled to bring a lawsuit against the dog owner?

Although this may be a difficult case to prove, your aunt should be able to bring a case if she reasonably feared for her safety and she can prove that the owner or possessor of the dog knew or should have known of the dog’s propensity to attack people walking on the sidewalk and failed to act appropriately.

 My child was bitten by a dog when he crossed through my neighbor’s back yard to get to our house without being invited. Can he bring a lawsuit even though he was a trespasser?

Yes, but only if you can establish that your neighbor was negligent in leaving his dog in the back yard and that he knew or should have known that children would cross through his back yard. This will still be a difficult case, and you will not have the benefit of the strict liability rules that apply to other dog bite cases since trespassers are excluded under the dog bite statute.

What damages are recoverable in animal bite cases?

A Plaintiff is entitled to recover damages for past and future and medical expenses, past and future wage loss, past and future pain and suffering, and if it is deemed that conduct is bad enough, punitive damages (i.e., punishment damages against the defendant). If the victim dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the victim’s death, as well as emotional distress damages which stem from the loss of society, care, and comfort of the decedent. If the survivors can prove that the victim lived for a period of time between the negligent act and death, they can also bring an action for punitive damages.

If you or someone you know has been injured in an animal attack, contact our Kern County personal injury law firm immediately.