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Essential Advice in Dealing With Vicious Dogs

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The most recent statistics reveal that in 2014 there were 42 dog bite-related fatalities in the United States. In California, further reports show that the largest number of animal attacks are due to pit bulls. If you happen to find yourself in a situation with a vicious dog, there are certain steps that can be taken to minimizing the potential damages in the event that dog bites do occur.

The following pieces of advice may help you avoid being bitten by a vicious dog. If possible, avoid dogs. If the dog is off leash, act as if the dog views you as a threat even if you are familiar with the dog. If you are approached by a roaming dog, the American Kennel Club recommends that you drape your arms over your chest, stand still, do not make eye contact with the dog, and if possible throw something to distract the dog’s attention. Also, realize that dogs naturally become startled when wakened, so avoid disturbing a sleeping dog and respect the animal’s personal space.

Understand California law. In accordance with California law, anyone who owns a dog is responsible for ensuring that the dog does not bite or cause injury to anyone else. Courts in California do not require plaintiffs to prove that the dog had a previous biting history or that the owner knew about the dog’s propensity to bite. Dog owners, however, do not owe a responsibility to protect trespassers against dog bites. Also, military or police dogs that bite while performing their duties are not subject to liability.

If a dog bite does occur, be sure to take the following steps:

  • Identify the Dog and its Owner. If at all possible, obtain the name and address of the individual who owns the dog. If the dog’s owner cannot be identified, you will likely be forced to go through a series of rabies shots to minimize potential risks.
  • Obtain Medical Care. Contact medical emergency personnel or have someone drive you to a hospital. Medical treatment is necessary if you are attacked or bitten by a dog.
  • File a Dog Bite Report. Once you have receive adequate medical treatment, file a dog bite report with the proper city or county authorities. This document initiates a paper trail for law enforcement.
  • Gather Information. If at all possible, identify the dog’s owner. Obtain the dog’s license information and any recorded information about prior attacks made by the dog.
  • Photograph Your Injuries. Photograph your injuries. Make sure that photographs are made periodically as the wounds continue to improve.
  • Contact an Attorney. Do not hesitate to contact a skilled and experienced attorney who can ensure that your dog bite case is handled in the proper manner and that you receive the compensation that you deserve for your injuries.

If you are bitten, attacked, or otherwise injured by a vicious dog, it is imperative that you follow the above mentioned steps to minimize the potential damages from the accident. It is also important that you do not hesitate to contact a skilled and experienced California personal injury attorney today.

Recovering Compensation for Personal Injuries From a Drunk Driver

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Have you or a loved one been injured as a result of another person’s decision to get behind the wheel after drinking too much alcohol? May, for all its beauty, is also a time of danger. With millions of young people celebrating graduation, whether from secondary school, college, or beyond, alcohol will inevitably be consumed. All too often, when alcohol is consumed in the context of celebration, it is consumed to the point of excess. Excessive alcohol consumption leads to drunkenness, and when this state of impaired mental faculties is combined with the poor and dangerous decision to get behind the wheel of a car, truck, or other vehicle, tragedy can ensue. This grave possibility lingers around every graduation celebration in which alcohol is involved – and especially those in more remote areas in which there is no access to public transportation, taxis, Uber, or Lyft.

If this dark possibility has become a reality and resulted in an accident in which you or a loved one were injured by a drunk driver, contact a skilled and experienced California personal injury attorney. An experienced attorney will hold the at-fault driver responsible for his or her dangerously selfish decision-making, and seek the full compensation you are entitled to for your injuries, medical and auto repair bills, pain and suffering, and other losses.

Damages Awarded in a Personal Injury Suit Against a Drunk Driver

When a person chooses to get behind the wheel of an automobile while under the influence of alcohol, he or she has acted negligently. Negligence is a legal doctrine. Specifically, negligence is a breach of a duty of care owed to another person that results in damages. Driving under the influence (DUI) is a breach of the duty of safe driving. Alcohol impairs the mental faculties, slows reaction times, and can lead to speeding, swerving, and even passing out at the wheel.  This brings us to damages, the final aspect of establishing negligence. It is the element of causation – of linking the breach of the duty of safe driving – to the personal injuries you have suffered that completes the tort of negligence. This linking is what justifies imposing legal and financial liability on the at-fault driver.  It is about justice – about holding the at-fault party responsible for the harm suffered by the innocent party.  

While court imposed liability cannot, unfortunately, “unbreak” your bones, it can provide financial restitution. Specifically, in a personal injury lawsuit against a drunk driver, you may seek compensation for your injuries, medical bills, car repair bills, lost income due to missed work, pain and suffering, and other losses. Finally, if you were not injured, but instead tragically lost a loved in an accident caused by a drunk driver, you may be able to bring a wrongful death lawsuit against the at-fault driver. To discuss the specifics of your situation, contact a skilled and experienced California personal injury attorney. A dedicated attorney will fight to obtain the full compensation to which you are entitled.  

Bringing a Wrongful Death Lawsuit in the State of California

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Nothing hurts more than losing a loved one long before their time as the result of another person’s carelessness, recklessness, or intentionally wrongful act. First, there is the shock, grief, and sense of the loss one experiences. Then, there may be fears over the loss of financial support provided by the loved one. Finally, there is the deep need for justice. California’s Wrongful Death laws exist to make the pursuit of justice possible and to help the survivors of the deceased seek financial compensation for the support they were deprived of by a senseless act of carelessness, recklessness, or intentional wrongdoing. If your loved one has suffered a wrongful death, contact a dedicated and experienced California wrongful death attorney.  Nothing can undo the loss you have experienced, but a wrongful death lawsuit can greatly aid your plight as a survivor.

The California Code of Civil Procedure Governs California Wrongful Death Lawsuits

California’s wrongful death law is California Code of Civil Procedure 337.60, et seq. It specifies what constitutes a wrongful death in the state, which survivors may file a wrongful death claim, and what damages are available to survivors through a wrongful death claim. Under the statute, a wrongful death occurs when a person is fatally injured as the result of the negligence or wrongful act of another person, corporation, institution, or entity. Negligence encompasses both carelessness and recklessness. Specifically, negligence is a breach of a duty of care owed that results in damages.

For example, we all owe duties of safe driving in accordance with the rules and regulations of the road to one another. If another person drives drunk and causes a fatal car crash, the fatality is considered a wrongful death under California’s wrongful death law. From this wrongful death arises a wrongful death legal claim. Only certain “survivors” of the deceased may rightfully bring the wrongful death claim. Eligible survivors include the surviving spouse, domestic partner, and children. If there is no surviving spouse, domestic partner, or child to bring the claim, the state allows for a wrongful death claim to be brought by anyone who would be entitled to inherit the property of the deceased through the process of intestate succession. In other words, if the deceased died without a spouse, partner, or children, and without a valid will, parents and other relatives may be eligible to bring a wrongful death claim.

Types of Damages Available to Survivors Under a Wrongful Death Claim

A California wrongful death claim makes available to survivors a number of damages, including lost income, loss of anticipated financial support, funeral and burial expenses, and other losses. If you have lost a loved one to a wrongful death in the state of California, contact an experienced California wrongful death attorney. Time is of the essence, as the state imposes a two-year statute of limitation from the date of death on the filing of a valid wrongful death claim .