CASE RESULTS

Drunk Driver v. Auto

$10,000,000.00 structured settlement for a wrongful death case against the MTA. A twelve year old little girl who lost her mother as a result of a bus running over her..more

Construction Worker Obtains More Than $2.5 Million for Injury

We are pleased to announce that the Los Angeles personal injury law firm of Lederer & Nojima LLP has obtained a judgment of..more

Slip and Fall Accident

On September 9, 2010, Lederer & Nojima LLP was awarded a $2,506,432.76 judgment in a case evolving from a painter..more


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Bite Risks of Service Dogs

Thursday, April 28, 2011

It isn't only pet or stray dogs that are involved in dog bite incidents.  A case in New Jersey involving a service dog that attacked a young girl, illustrates that people may be in danger of attack from these animals too.

In this case, the service dog in training was used by a nine-year-old child who suffers from brain cancer.  The little girl has had multiple surgeries, and frequently suffers from dizziness.  She is dependent on the dog to keep her from falling.  However, the dog was recently involved in an attack involving a six-year-old girl. 

The victim was a neighbor of the family.  According to the parents of that little girl, the dog bite left their child with serious injuries to her face.  It was a traumatic attack, and the child needed more than 100 stitches on her face.  The child was left with a huge gash that ran down the length of her nose, and required surgery.  She may need many more surgeries in the future.

Next week, a judge will decide whether the service dog is a vicious animal.  The family that uses the service dog is appealing to the judge to not to rule the dog as a vicious animal.  According to the family of the little girl, this was the first bite incident involving the dog.  However, according to the family of the victim, the dog should not be returning to the neighborhood at all.

The victims’ family’s concern over this dog is understandable.  This is one decision that will not be easy for the judge to make. 

Service dogs are used by thousands of people with disabilities.  However, it is important to remember that these are animals, and no matter how well they are trained, may react with natural instincts in some circumstances.  Los Angeles dog bite lawyers advise families of service dogs to treat their dogs as working animals, and avoid using them for rough play.

Spike in Dog Bite-Related Hospitalizations

Tuesday, December 07, 2010

Hospitalizations from dog bites have actually increased over the past few years. According to a new study, the number of people that had to be admitted to the hospital after suffering a dog bite, increased by a staggering 86% from 1993 to 2008.The study was conducted by the Agency for Healthcare Research and Quality.

According to the analysis, there were 5,100 dog bite cases that ended with hospitalization in 1993, and by 2008, that number had increased to 9,500. There were other interesting results from the analysis:

  • People living in rural areas were much more likely to make a trip to the hospital after a dog bite than those in urban areas. There were up to four times as many visits to the emergency room and three times as many hospitalizations in rural areas, compared to urban areas
  • Males were much more likely to require hospitalization after dog bites.
  • The most at-risk groups for serious dog bites were children and elderly people.
  • Approximately half the persons who were hospitalized after a dog bite developed a skin infection.
  • Overall, the dog bites cost hospitals an average of about $18,200 per patient.
  • People aged below 44 years of age were much more likely to require treatment in an emergency room after a dog bite. Approximately 75% of the persons in this age group had to be rushed to an emergency room after a dog bite.
  • Not surprisingly to Los Angeles dog bite lawyers, most injuries after a dog bite involved skin infections, open wounds, head and neck injuries and upper limb fractures.
  • People in the Midwest seemed to be at the highest risk of a dog bite, with approximately 109.9 visits to an emergency room for every 100,000 people in this region. In the West, it was just 93 visits to an emergency room for every 100,000 people.

Police Looking for Owner of Pit Bull in Fatal Accident

Tuesday, October 12, 2010

It’s not every day that Los Angeles car accident lawyers come across a case where an auto accident is caused by an aggressive dog.  Yet that is exactly what apparently happened in Georgia last week. 

A 14-year-old girl was killed when she was struck by a car, as she was trying to get away from an aggressive dog.  The girl, Miracle Parham, was walking home when she came across the pit bull, which immediately began to act aggressive towards her.  As she was backing away from the dog, fearing for her safety, she was struck by a car.  Miracle died of her injuries.

Police will not be filing charges against the motorist because the girl was in the center of the road at the time of the accident.  They are however, looking for the owner of the pit bull.  From the information available, it seems that this accident could have been avoided if the owner of the pit bull had simply restrained his dog in his yard and prevented it from escaping. 

Police efforts to trace the owner of the pit bull are going in several different directions.  Neighbors in the area say there are at least two owners of aggressive pit bulls in the area.  Both of these dogs have, on earlier occasions, managed to escape from their yards and make it out into the streets where they have displayed aggressive behavior towards people.

It wouldn't surprise any Los Angeles dog bite lawyer to learn that both the owners of the dogs here deny that their dog was the one that Miracle encountered.  The unfortunate part of this entire incident is how preventable it was.  Owners of these breeds must understand that these animals can be extremely aggressive, and can intimidate other people, especially children, with disastrous consequences as happened here.

CA Woman Reportedly Fired for Reporting Bite Involving Boss's Dog

Monday, October 11, 2010

A case out of Oakland combines all elements of a dog bite lawsuit with facts that would interest any California employment and wrongful termination lawyer.  A woman there has filed a wrongful termination lawsuit against her employer, after reportedly being fired because she dared to report a bite involving her employer’s dog.  The woman, Pamela Reid, a former executive assistant to Mills College President Janet Holmgren, says that in August 2009, she suffered a dog bite involving Holmgren's dog.  The attack took place during a campus fundraising event that was held at Holmgren's house.  Reid suffered minor injuries during the bite.

She reported the bite to Oakland Animal Services, claiming that the dog, a Chihuahua terrier called Holly, was a vicious animal.  Five months later, she was terminated from her position.  She has now moved ahead with a wrongful termination lawsuit, but Holmgren thinks that the lawsuit is without merit.  The lawsuit seeks damages for lost wages, benefits and fees.

Most dog bite claims that Los Angeles dog bite lawyers come across involve aggressive breeds like pit bulls and Rottweilers.  But there are other breeds that are just as likely to bite.  

The fact is that a Chihuahua is just as likely to bite as other breeds.  In fact, these dogs have a reputation for biting, most likely because of a hyperactive disposition.  A Chihuahua that bites is typically doing so because of a history of abuse, or because they feel threatened because everyone and everything around them is so much bigger than they are.  That doesn't mean that if your Chihuahua is in the habit of nipping at people's heels and biting them ferociously, you should just stand back and laugh about it.  These bites can result in injuries that require a visit to the doctor.

Pit Bulls Attract Owners of Vicious Temperament

Saturday, September 11, 2010

It’s what California dog bite lawyers and veterinarians have been saying for years - pit bulls are aggressive breeds, and need owners who can dedicate the resources necessary to train these animals effectively.  Unfortunately, many of the people who end up owning these dogs treat them like trophies, and are completely ill-equipped to handle them properly.

The pit bull debate is heating up again in the city of Victorville, California, after several recent dog bites injured a number of people, including children.  In April, a 52-year-old woman was seriously injured by a pit bull as she  was getting her mail.  In Apple Valley earlier this year, a three-year-old child was killed by the family pit bull.  The San Bernardino County Animal Care and Control authorities say that pit bull breeds were responsible for all four human deaths from dog bites over the past five years.

Unfortunately, these incidents simply lead to an outcry against the breeds.  It makes more sense to target the kind of people that gravitate towards these breeds.  That's not to say that every pit bull owner is ill-equipped to handle these dogs.  However, dog safety experts say that there's a certain kind of dog owner that tends to gravitate towards pit bull breeds in comparison to other dogs.  These people typically have aggressive or vicious tendencies themselves, and they often do not have the kind of resources needed to raise pit bulls.  Someone who lives in a cramped apartment or a tiny house with no yard, and is not interested in walking or exercising his dog, and does not have the patience to deal with animals, is not an ideal pit bull owner.  These animals need lots of exercise and plenty of space to run about.  When they're chained in a tiny yard, and hardly ever taken out for exercise, their naturally aggressive tendencies simply increase.

A ban on pit bull breeds altogether is too extreme.  We would like to see more care taken while placing a pit bull breed in a home.  Something like this could be hard to implement, but veterinarians, animal shelters and others must try to ensure that these breeds end up with people who can care for them.

Increase in Dog Bite Claims

Thursday, August 19, 2010

Claims resulting from dog bites on personal property accounted for a major portion of homeowner insurance liability claims in the US in 2009.  According to the US Insurance Information Institute, dog bite claims cost American home insurers 6.4% more than in 2008.  The average claim exceeded $24,000 for the third year in a row.  In 2009, dog bite claims cost insurers $412 million, compared to $387 million just one year before.  There was also an increase in the number of insurance claims for dog bites in 2009, compared to 2008.  The number increased by 4.8% over the previous year to a total of 16,586 claims. 

According to the Institute, dog bite claims now account for more than one third of all homeowner insurance liberty claims.  In fact, dog bite claims account for one in three homeowner’s insurance liability claims.

One of the reasons for this increase is that many states in the US have now passed strict liability statutes for dog bites.  California, for instance, has a strict liability statute.  That means that any dog owner can be held responsible for injuries or deaths caused by his animal, even if it was the animal’s very first such bite, or if the owner had never known of the animal’s propensity to bite.  Approximately one-third of all states in the country have such strict liability statutes.  All the other states have a “one bite free” principle, whereby a dog owner can get away with a first dog bite attack involving his animal, by showing that he was unaware of his dog’s propensity to bite. 

Some insurance companies are trying to push back against the spike in dog bite claims, by requiring that homeowners sign a liability waiver clause in their insurance.  Other insurers are insisting that they will provide coverage only if the dog is sent to behavior classes.

Los Angeles dog bite lawyers feel that insurer concern may be overblown.   The fact is that the number of dog bite claims every year is less than 1% of the total number of dog bite attacks in the US annually.

Top 10 Most Aggressive Dogs

Wednesday, July 07, 2010

Pit-bull lovers will tell you that their favorite breed is one of the most maligned breeds of dogs out there. However, it's not entirely without reason that pulls are considered some of the most dangerous dogs. These dogs, along with a few more in the list below, comprise a majority of the dog bite attacks that take place in the US annually.

According to dog bite experts and dog bite attorneys in Los Angeles, the most dangerous breeds of dogs in the US are

Pit Bulls

These are probably one of the most common breeds that Los Angeles dog bite lawyers come across. These are very aggressive breeds, and it's the reason why they are some of the most sought after dogs for dog fights. Pit bulls don't nip or bite. They lock their jaws onto the flesh of the person or animal, and don't let go.

Rottweilers

These dogs have strong territorial instincts which is why they're so aggressive. Owners love them because they're strong guard dogs. Unfortunately, it’s these very qualities that often involve them in dog bite attacks.

German Shepherds

These are the favored dogs of local law enforcement agencies, and can be very aggressive when provoked.  

Huskies

These are highly intelligent animals. According to a study, between 1979 and 1997, Huskies were involved in more than 15% of all dog bite-related fatalities in the US.

Alaskan Malamutes

These are highly energetic animals, and should only be reared by owners who can devote the time needed to exercise these dogs often. When they become bored, they become fidgety and restless.

Doberman

These are often used as guard dogs because of their aggressiveness and intelligence. They can be very aggressive when provoked.

Chow Chow

These are relatively small animals, but can be aggressive. In the case of these animals, it's usually poor breeding that leads to the aggressive behavior.

Presa Canario

These dogs were originally bred to guard cattle. They can be intimidating animals, because they have a complete lack of fear and are very powerful.

Boxer

Boxers are not typically regarded as an aggressive breed. However, poor training can lead to the development of aggressive tendencies.

Dalmatian

Everybody’s favorite dog from the 101 Dalmatians movies can actually be quite aggressive. These dogs can be very energetic, and need plenty of exercise.

Treating a Dog Bite

Wednesday, June 30, 2010

Dog bites are some of the most common causes of injuries in children. Every year, about 1.4 million dog bites are recorded in the United States, and an overwhelming majority of these involve little children. Many of these bites end with serious and mutilating injuries.

Treatment of a dog bite will always include first aid and cleaning. Soon after the bite has occurred, wash the area with warm water. If there is any bleeding, stop it by placing pressure around the wound. Besides, your child might require a tetanus shot, and the doctor may also prescribe antibiotics. An antibiotic program of between 3 to 7 days is considered ideal. If your child has had less than three doses of tetanus shots, here she might need a shot after a dog bite.  An additional shot may be necessary if it has been more than five years since the last tetanus shot, or if the bite was serious.

In case of a stray dog or a dog whose owner is not available, it can be hard to verify if the dog has been vaccinated. Your pediatrician may therefore recommend a rabies immunoglobulin vaccine. In such cases, your child may need a vaccine within 48 hours of the bite. If you're not sure whether your child needs a rabies shot, it's best to contact your pediatrician. You can also ask your local animal control office.  However, the chances of a rabies-infected dog biting your child, are rare. Rabies has been largely eradicated from the US, and most rabies cases now only involve wild animals like raccoons.

A dog bite attorney in Los Angeles would advise you to focus harder on preventing dog bites. Teach your child about the right way to behave around dogs. Teach your child never to tease, pull or even pet a strange dog.

Postal Service Investigating Death of Mail Carrier in Dog Bite

Wednesday, June 16, 2010

The death of a California letter carrier earlier this month, after a serious injury sustained during a dog bite in May, has once again highlighted the special dangers that postal workers face from vicious dogs.

Eddie Lin had been going about his normal mail delivery duties on May 23rd, when he happened to catch the attention of a Rottweiler in a house. What happened next was the stuff of every letter carrier's nightmare. The animal managed to make its way out of the house, and chased Lin down the road. It finally lunged at the letter carrier, knocking him to the ground. Lin hit his head on the ground, and suffered serious brain injuries. He was found by a passerby a little while later. He was rushed to the hospital, where he remained in intensive care until he died on June 3rd. It's not known yet if the Rottweiler managed to bite Lynn.

Oceanside police are investigating the incident, and the US Postal Inspection Service has already started its investigations into the attack. The Rottweiler has since been euthanized. Police have not determined if they are going to bring criminal charges against the owner of the dog.

The attack came just at the end of National Dog Bite Prevention Week, a nationwide effort supported by dog bite attorneys in Los Angeles, and aimed at bringing attention to the approximately 1.4 million dog bites that occur in the US every year. Postal workers, because of the nature of their duties, are at a much higher risk of suffering a dog bite than the general population. According to the Postal Service, last year more than 2,800 mail carriers suffered dog bite incidents. Letter carriers in California seem to be especially prone to dog bite attacks. Most of these attacks occurred in the Orange County and Los Angeles county areas.

There is much that property owners can do to prevent their dogs from attacking postal workers. Have warning signs posted outside the gate, informing visitors of a dog on the premises. Make sure your dog is totally secured when the mail carrier comes in to deliver the mail. Make sure your dog is restrained, and unable to escape your property.

Police Dog Attacks Concerned Citizen

Wednesday, May 26, 2010

Sometimes a good deed just won't go unpunished.

A man went to check on an alarm he heard two doors down from his home, and was attacked by a police dog which bit through his little finger. A nerve was injured in the bite.

Kevin Oglesby says he heard an alarm go off and went to check on his neighbor's property before going back to check out his own, as well.

Once in his own backyard, he says he was alerted to what he called a "presence," and turned around. He was rushed by a german shepherd, and held still in the hope this would prevent the situation from getting worse. He said from seeing television, he knew not to try to run or resist.

Oglesby said that the dog jumped over the fence with its handler trying to catch up. The dog's leash was not in the handler's hand. Oglesby further said the handler was telling the dog to release, over and over, and did physically pull the dog off Oglesby.

"I just stood there watching and watched it sinking its teeth in and out," Oglesby said. "I may be only a little fella but I've got quite a high threshold of pain."

Surgeons at a nearby hospital were able to fix the injured man's severed nerve.

Oglesby contacted the Weekend Herald after reading about a police dog attacking a lawnmowing contractor who was trying to help officers track the 14-year-old driver of a stolen car in Avondale on Thursday.

According to the dog's handler, the shepherd was following its training. It had noticed Oglesby's scent at the crime scene and followed like it had been trained to do. The dog has been stood down until it can be evaluated as to whether it is fit for duty.

Oglesby said he felt no ill will and accepted the handler's apology.


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