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Dog Bite Liability Law: How A dog bite lawyer help you in Los Angeles

In the USA, the cases of dog attacks on human beings are often in the news. Dogs of all sizes are capable or able to kill human beings. However, the large dogs are strong enough to inflict more damage in short span of time. According to data, there are around 2% or 4.7 million people of the US population bitten by dogs every year.

There are following factors which actively play a role in dog biting:

-          Dominance Aggression – irritating behavior by family members like – snatch the food from the dog’s mouth while eating or disturb by any other means.

-          Due to Self-Defense or Fear Aggression – Sometimes, family member or any stranger approach towards the dog very quickly subsequently dog frighten and attack.

-          Territoriality and Possessions – When stranger approaches owner’s home furtively.

-          Pain and Sickness – Either family member or stranger irritate or forcibly try to touch/hold when the dog is suffering from pain.

-          Re-directed aggression – When someone hit or kick the dog.

Nevertheless, apart from the above given points, there are also following factors that determine whether dog will bite or not:

-          Breed – there are some breeds of dog, which have innate tendency of biting.

-          Socialization of the dog – how the master of dog nurtured. Whether proper training has been given to it or not.

-          Health of the dog – if the dog is sick/injured and someone irritate, it could be another reason of biting.

-          Behavior of the victims – this another important factor that provoke the dog to bite

However, if a dog bites to any person, he/she has the right of dog bite lawsuit. In California, the dog owners are liable for the injuries caused to individuals by their dogs. The state has given right to victims to file a case on two strict liabilities for only one dog bite – first created by statute and second arising from common law. Not only this, in 1989, the California State Legislature enacted a special administrative hearing procedure only for the regulation of ‘menacing dogs”, because according to the research “dangerous and vicious dogs have become a serious and widespread threat to the safety and welfare of citizens of the state”. Subsequently, the Judicial Council of California promulgated a package of four forms in 1990 and the notice given – “DO NOT BRING THE DOG TO THE HEARING”.

As per dog bite law, if a person injured by a dog while rescuing another person, the dog owner will be liable for the injury, under the legal principle known as “rescue doctrine”. As we have seen in the above sentences, the dog bite law is complicated issue; therefore, it is always suggestive for everyone to consult a dog bite attorney as soon as possible. Dog bite attorneys in Los Angeles, California are much efficient in providing following damages to victims:

-          Medical bills

-          Emotional damages

-          Compensation for income loss for present and future (if applicable then) due to disfigurement

Nonetheless, all these compensations are given by either the insurance company (if the dog is insured) or dog owner.

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Stopping Dog Bites

Last week, the third week of May, was Dog Bite Prevention Week.  Statistics are gathered during this week each year on dog bite activity. We hope that the numbers will show a significant decline over the prior year. 

Dog bites are mostly preventable, yet the numbers are bad enough that a week has been dedicated to its awareness.  So how bad is it?  There are 4.7 million victims of dog bites each year according to the American Veterinary Medical Association.  They, along with the American Academy of Pediatrics, the U. S. Postal Service and other agencies sponsor Dog Bite Prevention Week through a national educational campaign. 

The majority of dog bite victims are children, with ages 5 through 9 having the highest number.  Next are the elderly and postal service carriers.  National Dog Bite Prevention Week is a chance to remind people of this problem. Last year, Houston led the nation in postal service carriers being attacked by dogs, followed by Santa Ana, CA and then Sacramento. 

As responsible dog owners, there are things we can do to prevent our dogs from being a part of these statistics? Many are just common sense but we never think our dog is going to attack someone, right?! It’s always a good idea when you get a new dog or puppy to send them to dog obedience training. The best time to train a dog not to bite is when its a puppy. There they will learn the commands while working with you as their master or “pack leader” in their eyes.  

Other responsible things you can do are to keep your dog on a leash when outside with you or use dog pens in your backyard.  Spaying or neutering your dog will decrease the liklihood they will bite.  Always be conscious of who is answering your front door when you have a loose dog in the house. Never let a child answer the door as dogs are protective and may see the person at the door as a threat.  Spend time with your dog playing and showing affection.  Dogs that are well socialized don’t tend to bite. 

So what about coming upon a loose dog when you’re out and about? Don’t approach it and don’t run past it.  Running may make the dog start chasing you.  Instead, try to stay motionless until the dog loses interest and leaves. You may want to walk slowly backward until the dog is our of sight before turning your back on it. If a dog threatens you, don’t scream.  Try to remain calm and don’t make eye contact.  If a dog starts to attack you, put something between you and the dog … anything you have or can grab whether it’s a purse, backpack, bicycle, etc.  You can use this to keep the dog off you. 

A dog attack is no laughing matter and can be very scary.  Let’s all do our part to keep the dog biting statistics low. 

Debbie Foster is the owner of http://petbedsunlimited.com where you’ll find a wide selection of quality pet beds, dog crates, dog carriers, dog pens, cat beds, cat carriers, large dog beds and pet strollers.

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How to find a Dog Bite Attorney

Dogs have always been considered to be man’s best friends. Statistics however, show that a probable 2% of the U.S. inhabitants are bitten annually by a dog. What is more unfortunate is that many of the victims are children. This is the reason, a dog bite can be one of the most traumatic experiences that people encounter throughout their lives and In many cases, it leaves a lasting negative impression of the victim.

The dog bite laws in the U.S. aspire to make good the financial, physical and psychological pain and suffering. The victim may also have a limited amount of time to take the case to court. They are well defined and clearly specify the rights and responsibilities of the victim and the dog owner. These laws hold the owner responsible for all the injuries caused by the dog, whether the attack took place on public or private property; and depending on the state that you live in, your local jurisdiction may hold the dog owner responsible for any damages incurred if the dog trespassed. This way, the law makes the dog owner responsible for limiting the dog to his own territory.

It is advisable to contact a dog bite attorney as soon as possible to discuss any legal and financial remedies as a result of an attack by a dog. This is because an experienced dog bite attorney can help you recover any future loss and help you retrieve the appropriate compensation for the physical and psychological pain that occurred as a result of the attack. A dog bite lawyer should therefore be your first step if you decide to take legal action. Research shows that an experienced dog bite attorney can recover 66% more than what would have been recovered without the attorney’s intervention. In addition, many dog bite lawyers work on a contingency basis, which means that there is no out of pocket expense unless you settle or win your case.

Dog bite laws in U.S. differs from state to state. Several states hold owners accountable for the harm or injury, irrespective of the dog’s behavior in the past. This means that the dog owner may well be held answerable for the dog’s action even if it has not exhibited any violent behavior in the past. This is thus the reason one must research and retain a qualified dog bite attorney for any of his legal or monetary dog bite associated issues.

Dog bite laws may differ from state to state. By hiring the right dog bite attorney who has a thorough knowledge of your legal and monetary rights, you are taking the necessary steps to ensure that your rights are protected and that you will be compensated accordingly.

Finding a personal attorney is easy, but finding a good one is awfully tough, particularly because good attorneys charge their services higher than regular attorneys. You should therefore ask your family or your friends if they have a trusted good lawyer or attorney.

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Before The Dog Bites

What is the main motivation when a dog bites? Normally dogs do not bite, not by nature. There are some circumstances that can be avoided and watched for to prevent a dog bite from ever happening. Dogs are known as Mans best friend and I will always believe that to be true if they are loved and trained properly.

There are a lot of dog bites every year, more than 4.7 million. There is actually a National Dog Bite Prevention Week every year to help educate the public on dog bites and how to protect you. Half of that number are children age 12 and under. Others are the elderly and mail carriers.

When you purchase a dog for your family, consider the breed. There are some breeds that are more prone to bite if provoked, and some just don’t do well with children. If your child shows some hesitation about getting a dog, then wait until he is ready. Dogs need a lot attention, they want love and they want to feel secure in their environment. If a child is insecure, the dog will sense it and there will be more stress for both, the child and dog.

When playing with your dog, don’t play games that are aggressive, teach your dog how to play gently. Teach your dog to be submissive, and spay or neuter your dog (this at times will reduce aggressive behavior).

When your dog is out, keep him in a fenced yard or on a leash. Never let your dog run loose, no matter how safe you think he may be. Keep your dog vaccinated against rabies. Train your dog the basic commands like sit, stay, heel, come, and down.

The most common bites are to children. There are some things you can teach your child about safety around dogs. I will list a few here:

1. Do not approach a dog you don’t know

2. If you are near a dog and afraid, don’t run and scream

3. Be still if a dog approaches you, don’t move, be a statue

4. If a dog comes at you, roll into a ball and be very still

5. Do not wake a dog that is sleeping, eating or has puppies (it may be tempting to go see the puppies, the mama dog is very protective)

6. Allow a dog to sniff you before you try to pet it, hold your hand out, palm up like you are handing the dog something.

7. Do not look a dog right into their eyes if they don’t know you

8. If bitten, tell a grownup right away

Education is the key before the dog bites. Let’s prevent it before it ever happens. Go over these tips with your child on a regular basis. They may forget and it helps just as a reminder. Then if the time ever does come, they won’t even have to think about it, they will just react the way they were taught.

You can find more great information at the American Veterinary Medical Association (AVMA) on how to protect yourself and children from dog bites. Do everything you can to prevent dog bites by training your dog to be gentle and not one of the statistics.

Joann Henry operates “Doggie Health Care” http://www.DoggieHealthCare.com, a blog all about our pooches health. Sign up to receive her newsletter, & not only will you get some free tips to keep your dog healthier, but FOR A LIMITED TIME, she’ll give you a FREE ebook. http://www.DoggieHealthCare.com

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Funny Dog Biting B

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How do I stop my dog biting my new puppy?

I have had a dog for 5 yrs and i got a new german shepherd puppy recently. The two have not being getting along and my old dog is growling and trying to bite the puppy. The puppy chews on our fingers and legs, so it might be that my dog is trying to protect us because she only growls when the puppy chews on our hands and feet.

I noticed that my old dog is looking a little unhappy now.
I want both my pets to be happy, so what do i do?

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Dog Bite Injury- Who is Liable Under the Dog Bite Law

Every year there are approximately 3 million people that are bitten by dogs and statistics show that most victims are children.

Dog bite is not as simple as it seems to appear. It may result to serious injuries like:

• Lacerations

• Punctures

• Abrasions

• Tissue loss and avulsion

• Fractured bones

• Infections such as rabies, cellulites, C Canimorsus infections

That is why it is necessary for a victim to seek for medical help because the effect can be fatal.

The next thing to do is to identify the dog and its owner because you can hold them liable for damages and reimbursement for any expenses you incurred during the treatment period.

In the United States, a law was passed known as the dog bite law, which enumerates certain rights and responsibilities of a victim and the owner of the dog.

The dog bite law is a combination of city and county ordinances, state law and common law. It includes civil, criminal and administrative law. Generally, civil law provides monetary compensation for the victim, criminal law punishes the owner of the dog and administrative law creates a remedy against the dog itself.

Almost all states in the US hold the owner liable for dog bite if he orders the dog to attack a person or if he knowingly kept a dog that previously bit a person. They also hold the owner liable for negligence for any injury that the dog causes and for violating a public health and safety law such as the leash law.

Most dog bite statutes impose statutory strict liability that makes the owner of the dog legally liable to the victim.

Other states allow claims based on common law strict liability but only states with dog bite law add an additional cause of action for statutory strict liability.

However, there are states that do not have a dog bite statute. In this case, they use the one-bite rule or statute. In this law, the legal responsibility of the owner is determined by the following principles:

• The first issue is whether the dog bites anyone. If so then the owner is liable.

• If the answer in the first item is no, the second question is whether the dog did something that has put the owner in notice that the dog have inclined to bite anyone in the future.

• If the answer is no, then they consider if the owner has violated any law pertaining to public health and safety.

• They consider whether there is negligence.

• If the owner or custodian is not negligent then they consider whether other people can be held liable due to their negligence.

Dog bite law differs from state to state. However, not all dog bite cases are punishable under the dog bite law. There are certain exceptions provided by law. The following are the exempted cases:

• The victim is a trespasser

• The victim is a veterinarian or a canine professional who is treating the dog at the time of the incident

• The victim is committing a felony against the owner of the dog

• The victim provoked the dog by physically abusing it

• The victim assumed the risk for being bitten

• The victim is assisting the police or the military at the time of the incident

If you have been bitten by a dog and you are all set to file your injury claim against the responsible parties, consult our expert animal attack lawyers. Just log on to our website and fill out our case evaluation form.

Maribel Roncales, once aspired to become one of the member of the elite force in the military before she pursue her law studies. Her exposure in writing starts during her high school days. For now, she is pursuing her dream to become a lawyer while working as a writer in a Los Angles based law firm.

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The Physical and Emotional Pain Caused by a Los Angeles Dog Bite

 

Virtually any Los Angeles dog bite attorneys will be able to tell you that if you have been the victim of a dog bite injury or know someone else who has been, then you are well aware of the physical and emotional pain caused by a Los Angeles dog bite. Each year there are many people in Orange County cities such as Laguna Beach or Los Angeles cities like Redondo Beach, Marina del Rey and Hermosa Beach that have bitten by dogs.

These dogs can be family pets or dogs they have never seen before. The experience of a dog attacking you can be very terrifying and traumatic. The terror the attack causes you to experience may well lead to you developing Post Traumatic Stress later on after the attack. Young children who are attacked usually develop a life long fear of dogs. Living with these fears can in many instances be life hindering for the victim in certain situations that bring about the memory of the vicious dog attack.

As a result of the frequency of dog bite attacks, many personal injury lawyers in Los Angeles and surrounding areas have specialized in representing dog bite victims. A good Orange County area dog bite attorney can help relieve some of your stress in your bid for monetary compensation after a dog bite attack.

Children seem to suffer the most emotional pain from a dog bite attack. As a parent, you will want to help ensure that the child receives the counseling he needs to be healed emotionally from an attack. Suing the owner of the dog can help ensure your child will receive the ongoing counseling he may need. California strictly holds the owner of the attacking dog liable for any damages they cause.

Orange County area dog bite lawyers can help prepare a successful case for your dog bite claim and bid for compensation. They know first hand the physical an emotional pain that can be caused by a dog bite. You will want to be sure you hire the most experienced personal injury lawyer who is familiar with California dog bite law. These caring professionals can help determine what type of compensation you will need and what amount you should be asking for in your particular case.

You injuries may include the necessity for long term care of both physical and emotional damage done by the dog. In some tragic cases, the need for a wrongful death suit may be necessary. Experienced and compassionate personal injury lawyers provide a great service to the community in cases like these. In the unfortunate event of a wrongful death and other dog bite injuries and other personal injuries, never hesitate to get the legal council you need.

 

Michael Ehline is a law firm of Los Angeles personal injury lawyers.

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Warning: Don’t Let Your Child be a Dog Bite Victim-use These Helpful Tips

There are many factors which can increase the chance of your or your child being a victim of a dog bite or dog attack.

Owners of dogs, teenagers, grandparents, babysitters, caregivers of all types and especially parents of young children, must keep in mind all of the factors that can result in or lead to aggressive and harmful behavior in dogs.

Of course, the greater the number of these factors which are present will increase the likelihood that a damaging or injurious bite or attack can occur.

For example: If a canine is continuously kept on a leash or chain, then there is a much increased chance that such a dog will be aggressive and/or lack proper “people skills.”

Not surprisingly, male dogs are more likely to exhibit aggressive tendencies and account for a higher percentage of bites and attacks on children and adults.

Notwithstanding the previous fact, dominant, poorly trained and socialized or fearful female dogs will, and often do, bite children and their caregivers.

If there are two or more dogs in a yard without the dog owner present, then there is a significantly higher chance of encountering or experiencing dog bites or dangerous do behavior.

The greater number of dogs that are present equals a much higher risk for attacks, bites, or maulings , which are associated with pack behavior.

Non-neutered or un-spayed dogs typically demonstrate higher levels of aggressive behavior.

Some additional evidence shows that the number of dog attacks and bites goes up during the warmer months of the Summer due the higher volume of people outside and in the presence of a greater number of dogs.

Disturbingly, the single, most common cause of deadly dog bites and seriously harmful canine attacks is the owner of the dog, who does not properly train, supervise or care for their animal.

As a father of two young children and a lawyer who handles injury claims associated with dog bites/attacks, I want to do everything I can to keep my kids safe and avoid them being hurt by a dog.

As a fellow parent, sibling, aunt/uncle, or friend, I know that you also want to keep all the children in your lives safe from dangerous dog behavior.

To help us all achieve this very important goal, I have compiled the following list of things that all children should be taught about dogs:

-Don’t chase or tease dogs.

-Wait to be introduced to the dog by the dog’s adult owner.

-Ask the dog owner’s permission to pet their dog first, before trying to pet the dog.

-Wait for a dog owner’s permission to pet the dog and then teach your child to let the dog sniff the child’s hand first, before petting the dog.

-Pet the animal gently after the dog sniffs his/her hand.

-Never pet a dog while it is eating or sleeping.

-Never approach a dog that has puppies or is nursing puppies.

Learn the items on this list and then teach the children in your life these valuable tips and hopefully you and your children will avoid be another victim.

-Never pet a dog while it is playing with a toy.

-Never try to take a dog’s toy away from the dog.

-Don’t play rough with dogs.

-If your child is outside and a stray dog approaches, then teach your child to not run away, but to try backing away slowly. The dog will always be able to run faster than the child and could chase your child and attack.

Put these tips into action and keep yourself and your children safe around dogs. Don’t wait. You never know when a dangerous situation will present itself.

James Parrish is a former insurance defense lawyer who now represents injured persons against the insurance industry. He uses the “Inside Information” he learned while defending insurance companies to the advantage of his clients and has recovered millions of dollars in judgments and settlements for them. http://theparrishlawfirm.com http://accidents.theparrishlawfirm.com

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How do I stop my dog from biting/mouthing other dogs when the other dogs jump/run up to people?

My dog bites/mouths and acts really aggressive towards dogs that run/jump onto me or other people and I was wondering if there is a good way to make him stop. I tried saying “No!” and pulling him away but he just continues to do it.

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