Articles Posted in Dog Bites

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Two people were bitten by a pair of loose pit bulls in Camarillo when they tried to pull the animals off another dog they were attacking, the Ventura County Star reports. One man sustained a bite to his hand and had to be taken to a local hospital for treatment. A woman was treated at the scene for a bite to her hand. The pit bulls ended up killing the dog that the two people were trying to rescue. Sheriff’s deputies captured the pit bulls and animal control officers impounded the animals.

It is extremely fortunate that the two people who tried to rescue the other dog were not more seriously injured by these pit bulls that were running loose in this Camarillo neighborhood. I wish both the injured victims the very best for a speedy and complete recovery.

This is the third Southern California dog attack in just the last week or so where two or more pit bulls have been attacking people or animals in packs. I’ve always maintained that pit bulls are extremely dangerous when they attack in packs rather than by themselves. They egg each other on and treat the person or animal they are attacking like prey in the wild. These breeds are nothing less than predators. They mark their targets and attack mercilessly.
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Two Laguna Hills residents were attacked and bitten by three bullmastiffs on December 18, 2008 after the dogs got out of their fenced yard, according to this ABC News report. The large dogs weighing between 100 to 150 pounds got out of their yard, made their way up Terra Bella Street and attacked Ed Barnard, who was standing near his truck. The dogs bit Barnard in the thigh, but he was able to get away. The dangerous dogs then attacked their second victim, a woman in her 60s.

Neighbor Jim Warren, who helped free the woman from the pack of dogs, said he ran to help her when he saw “three huge dogs pulling this gal from the sidewalk to the middle of the street”. He said he saw the dogs mauling the woman. He then jumped on the dogs and got some help from another neighbor who picked up a shovel and hit the dogs over the head until they let the woman go. Barnard described the dogs as having a “pack mentality.” Two dogs followed the bigger dog in the pack and did everything that dog did, he said. Fortunately, the woman’s injuries were not life-threatening. The three dogs were apparently euthanized at the request of the dogs’ owner.

I’m relieved that this Orange County dog attack victim and the other victims who were preyed on by these bullmastiffs are not seriously hurt and are recovering from their injuries. I’m sure the woman must be undergoing intense emotional trauma at this point. I wish her the very best for a quick and complete recovery.
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Gerald Adelmund, 60, of Rubidoux, was mauled to death by his own two pit bulls when he stepped into the backyard of his home to smoke on December 19, 2008. According to this news report in The Riverside Press-Enterprise, Riverside County Sheriff’s officials are calling it an “unfortunate accident.” The dogs are described as a 4-year-old, 107-pound male part pit bull part mastiff mix and a 6 year old, 52-pound female pit bull. Both dogs, as well as the female pit bull’s nine puppies, were euthanized soon after the attack.

Adelmund’s neighbors were shocked by this brutal dog attack. One of his neighbors said the dogs were always “mild-mannered” and that he even took his own dog to Adelmund’s house to play with the pit bull mastiff. Adelmund always kept the male pit bull in an enclosure surrounded by a 6-foot tall fence, says his neighbor, who called it a “random” attack. However, other neighbors say they have always been afraid of Adelmund’s pit bulls and describe the dogs as “vicious.” One neighbor said the pit bulls always growled and snapped at her through a chain-link fence that divides their property. Other neighbors said they did not even know about the pit bulls.
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A 22-year-old woman who was bitten by a police dog while sleeping in the garage of a Cypress home, has filed a legal claim against the city and the police department, The Orange County Register reports. Apparently, the police department’s German Shepherd bit Alicia Quinonez at about 2 a.m. on August 16, 2008.

According to Quinonez’s claim, she went to the hospital with severe bites to her leg, but police officers say her injuries seemed to be minor. Officers had permission from the homeowner to enter the home as they were looking for a robbery suspect. The homeowner forgot to tell officials that Quinonez was sleeping in the garage. Quinonez who was understandably startled when she woke up and saw the animal, screamed and was bitten. Her lawyer, April Blackman, has said she is trying to settle the case with the city for this Cypress dog attack.
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Pit bulls on the loose have been attacking and killing livestock by the hundreds in Mendocino County, according to this news report in the Press Democrat. So far no dog attacks on humans have been reported. A federal trapper who talked to the newspaper said he has killed at least 90 pit bulls while in the act of killing or chasing livestock just in the last two years. Many other pit bulls have been trapped and turned over to animal control.

Law enforcement officials in Mendocino County blame the increase in the number of dangerous and vicious dogs in the area to the cultivation of marijuana for medical uses in this area. They say marijuana growers are suspected of bringing these dogs to guard their gardens in the remote northern part of Mendocino County. These pit bulls apparently have been a huge problem for those who own livestock in the area. The dogs have killed ewes, miniature horses and a variety of other livestock. Officials say that while wild predators tend to kill one animal at a time to eat, pit bulls chase and kill or badly maim livestock just for fun. To them, it’s sport.
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The Simi Valley City Council is considering legislation relating to pit bulls after a September, 26, 2008 dog attack that killed 5-year-old Katya Teresa Todesco.
Katya was viciously attacked and mauled to death by a 35-pound pit bull in a neighbor’s backyard. Council members, who are talking about a breed ban in Simi Valley, got a report from an animal regulation expert, who said that pit bulls “do not see a child under the age of 12 as a human.” Instead, children are normally viewed by these dogs as “prey” or “predators.” Our source for this blog is this news report in the Ventura County Star.

The State of California does not allow breed-specific bans. Pit bulls, however, are under scrutiny in certain California cities such as Manteca that have taken the right step and passed “dangerous” and “vicious dog” ordinances to regulate pit bulls.
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A national dog bite victims group has announced that it will release a video tribute to dog attack victims on October 25, 2008, a day recognized by pit bull advocacy groups as “Pit Bull Appreciation Day.” Their complete news release with information about their group, advocacy activities and the video may be found here.

The Seattle-based group’s 5-minute video will document 127 pit bull attacks on humans that occurred across the United States in just an 85-day period from July to September 2008. The video will include the name of each victim, where available, and the city and state where each attack occurred.
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A Westminster woman, whose pit bull attacked and severely injured mail carrier David Carroll, has been found guilty of a misdemeanor in connection with that September 4, 2007 dog attack. The Orange County Register reports that 54-year-old Sheri Moody has been ordered to give up the dog she currently owns and has been told she cannot keep or own any dogs during her three-year probation period. Orange County Superior Court Commissioner Thomas J. Rees sentenced Moody to her choice of 30 days in jail or community service and three years of probation.

Moody’s pit bull, Maggie, attacked Carroll when he was delivering mail next door. The dog severely bit Carroll, who retained our firm soon after that 9/4/2007 dog attack incident. I personally saw how badly Carroll was mauled by Moody’s dog when he came in to my office for a consultation. He had a nasty wound from his left eyelid to the side of his nose, up across his eyebrow to his forehead and across the middle of his forehead to above his right eye. Bite marks were clearly visible on his face, which required numerous stitches. He was also emotionally devastated. He had trouble sleeping after the attack, had constant nightmares, was agitated and on the edge.

Carroll was not Moody’s first victim. In June 2007, Moody unsuccessfully appealed a decision by the city of Westminster to euthanize her other pit bull, Brutus, who mauled a visitor to Moody’s home.
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The family of Lena Dickerson is suing Disneyland, claiming the toddler was attacked by a dog in the park’s petting zoo on October 3, 2006 according to a report on Fox News. The child was bit several times on the face leaving her permanently scarred.

Court documents allege that a Disneyland employee brought her 6-year-old German Shepherd – Labrador Retriever mix dog to the park. The dog was placed on a box in the Big Thunder petting zoo. A park employee invited children to pet the animal, while holding its leash. Lena had petted the dog and was just about to leave when the dog attacked her.

Apparently, the shelter from which the dog had been adopted had called the dog “not very social” and even stated that the animal had a history of being aggressive. The lawsuit seeks compensation for the family’s medical costs and emotional trauma as well as punitive damages. Disney officials have not commented yet on this lawsuit.

In California dog attack cases, the owner of a dog is strictly liable for the damage, which that dog causes by biting someone, “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” (California Civil Code section 3342.) If the plaintiffs can prove that Disneyland was an owner of the dog, then they would have established liability for the compensatory damages that may be recoverable in their action. This doesn’t seem likely if the Dickerson family is alleging that “…a Disneyland employee brought her…dog to the park”.

Corporations become responsible for the acts of employees if it has knowingly ratified or accepted the benefit of the employee’s actions, like bring a dog into the petting zoo. The alleged use of the dog in the petting zoo and in parades might be consistent with Disneyland acting as if it is the owner of the dog.

Where, as here, the property is a commercial property open to the public which is invited onto the property, the owner is under a duty to frequently inspect their property and is charged with the knowledge of dangerous conditions it would have gained from those inspections. The plaintiffs might prevail if they can establish that Disneyland knew or should have known the dog was in the petting zoo and may be a danger to Disneyland patrons.
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Treon Pique, 27, filed a federal civil rights lawsuit alleging that a Contra Costa Sheriff’s deputy instructed a police dog to attack him after he had surrendered. According to a September 26, 2008 article in the San Francisco Chronicle, Pique is suing the county for $1 million for the dog attack. Court documents state that the police dog attacked Pique and bit him on his right arm leaving him with permanent injuries. The lawsuit alleges that Contra Costa Sheriff’s Deputy, Robert Jones, knew Pique posed no threat, but let the dog bite him anyway.

Normally in California a person bitten by a dog sues in state court under California’s Civil Code Section 3342 which provides in part: “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog….” However, the same civil code section exempts bites delivered by police dogs on criminal suspects from the codes strict liability provision.” The code provides that a person who has been attacked and bitten by a dog cannot establish a strict liability claim against a police agency if:

  1. The police agency had adopted a written policy regarding the use of a dog;
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