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A woman suffered serious injuries in a California dog bite incident in Delhi, California, the morning of October 1, 2009 after she and her dog were attacked by a pit bull. According to a news report in the Modesto Bee, the woman was walking her own dog when the 60-pound pit bull charged her and bit one of her arms. The woman tried to fight off the dog, which let go and bit the other arm. The woman then escaped and ran to a nearby house when the pit bull got a hold of her dog by its throat, Merced County sheriff's officials said.
Peter Duncan, a passer-by got out of his car, kicked the pit bull and helped rescue the woman's dog. The injured victim was taken to a local hospital with several cuts including one that was eight inches long and another that was 4 inches long. The woman's dog did not suffer any injuries, thanks to timely help from Duncan. The pit bull has been taken by animal control officials and it is yet to be determined whether the dog's owner will face criminal charges.
My heart goes out to this woman who suffered serious injuries as a result of this California dog attack. I hope she is not left with permanent physical scars by this horrific incident. Dog bite victims usually suffer emotional trauma after a dog attack. I wish this injured victim my best for a quick and complete physical as well as emotional healing.
This dog bite incident is yet another example, which shows that this particular breed of dog is highly unpredictable and possibly vicious. Pit bull advocates who will no doubt argue otherwise, are of course, entitled to their opinion. But here are the facts.
Dog Bite Statistics
According to U.S. Centers for Disease Control (CDC) statistics, pit bulls attack adults nearly as often as they attack children, a characteristic not found in any other breed. The CDC's numbers show that between the years 1979 and 1998 at least 25 breeds of dogs were involved in 238 human dog bite related fatalities. Pit bulls and rottweilers were involved in more than half of these deaths -- about 60 percent.
Breed issues aside, in this particular case, I would be curious to find out where the dog owner was at the time. Was he or she controlling the dog? Was the dog on a leash? Did this dog have a prior history of viciousness? California law is however, very clear on the civil liability of dog owners in any such incident. California Civil Code Section 3342 states: "The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while 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."
Liability Issues in Dog Bite Cases
Under this law, the dog owner in this case, could and should be held financially responsible for the serious injuries caused to the victim. I trust local law enforcement authorities will investigate this case thoroughly and hold the dog owner criminally liable as well, if there was any negligence involved here. The victim will be well-advised to contact an experienced California personal injury lawyer - one with an excellent track record of pursuing dog bite cases - to find out more about her legal rights and options.
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.




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