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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 
CONSULTATION REQUEST
Note: All fields are required.

 I have read and understand the Disclaimer

from our blog


Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

Dog Breed Doesn’t Correlate to Dog Bites, Some Say

Dog bites and dog attacks can be very serious and even fatal. It has been a popular myth for a long time that certain breeds are more prone to biting than others. If you were to ask individuals what they thought the most dangerous breeds were, they would likely mention breeds like Pit Bull, Doberman, and Rottweiler. Certain dog breeds are even illegal to own in certain parts of the country because of a perceived increased risk of dog bites and dog attacks.

According to some experts, however, the breed of the dog has very little to do with whether they are likely to attack or not. Cesar Millan, also known as the Dog Whisperer and a man whose entire livelihood is dependent on his knowledge and training of dogs, is well-known for saying that dogs themselves are not dangerous. According to Mr. Millan, the owners are almost always the ones to blame for the dog’s behavior issues.

Laws have very clear definitions of dangerous behavior in dogs. Any animal that injures or kills a person or pet is considered to be dangerous, and action against that animal will likely be taken. The owner of the dog is strictly liable for any dog bite or dog attack under Arizona law.

While veterinarians and health care professionals have publicly come out and said that they don’t see a strong correlation between certain breeds and animal attacks, the truth remains that the more powerful, larger dog breeds are capable of doing a lot more damage in an attack. While being bitten by a Yorkie will undoubtedly hurt, being bitten by an angry Pit Bull can break bones, and even kill.

There are continuing studies being undertaken on dog breeds and violent behavior, but one thing is for certain: If you or a loved one has been attacked by a dog, make sure you take every step to ensure your family’s legal rights are protected. Don’t let someone’s “pet” get away with mauling you or your loved one’s future.

Gilbert Boy Mauled by Dogs

A fight between three dogs in a Gilbert home late last month led to the tragic death of a small boy.

A two-year-old boy and his four older siblings were in their babysitter’s care at her home when three of the sitter’s dogs began fighting.  As the three pit bull-mixed dogs fought, somehow the special needs toddler became trapped in amongst the dogs.  The dogs then turned on the toddler, viciously attacking him.

The babysitter and owner of the dogs, frantically tried to pull the boy free, but her efforts were in vain.  She called 911 and according to a recording of the emergency call that aired on NBC News,  said,  “The dogs attacked him…his lips are turning blue…he’s barely breathing.”

When officers arrived at the home, CPR was performed on the small child, he was rushed to a nearby hospital, but tragically his injuries were too severe and he died.

The 28-year-old babysitter was seriously injured in her attempt to free the child and underwent surgery to repair those injuries.

All three dogs involved in the attack were taken by Animal Care and Control workers to a local animal shelter where they will be quarantined for ten days before being euthanized.

Gilbert Police Sgt. Jesse Sanger said the department is looking at the incident as “just a terrible, tragic accident,” but also said that investigators will be interviewing the child’s parents and the babysitter, as well.  After the detectives have concluded their investigation, there is the possibility that charges could be filed.

The tragic death of this young child is an example of how a seemingly docile pet can turn aggressive and maim and even kill an innocent child.

Arizona law requires a dog’s owner be held liable for any injury inflicted by their dog.  According to the law, dogs do not get “one free bite,” and liability is imposed without regard to an owner’s knowledge of the dog’s viciousness.

When your child has been the victim of a dog attack, although the owner of the dog is accountable it does not mean he or his insurance company will willingly compensate you for medical bills and other expenses. To ensure you receive the compensation you are entitled to, contact an experienced, aggressive Phoenix child injury attorney.

Original story found here.

Why Phoenix Child Safety and Injury Attorneys Pursue Damages for Dog Bites

As a parent of the child who has been attacked or bitten by a dog, you know that the injuries are often serious and disfiguring. Be assured that Arizona’s dog bite statute leaves little refuge for the animal’s owner, according to our Phoenix child injury attorney.

When someone in a public place is bitten by a dog, or is attacked by a dog while lawfully on private property, the dog owner is responsible for the injury and damages. Arizona’s statue applies if a child is riding a bicycle on the road, walking down the sidewalk, or playing with other children at the park, and the dog attacks and bites. And if the child is bitten by a dog at a friend’s or family member’s home, on private property, again the dog owner is liable. Whether the biting dog was known to be “a great family pet” with no history of canine viciousness is irrelevant under Arizona law. A.R.S. § 11-1025. There is no “one free bite” rule under Arizona law. When your child is the victim of a dog bite, you need to hold the dog owner accountable.

When the Dog Is at Large

If the bite injury occurs while the dog is at large in an Arizona community, then the owners of the dog or the person responsible for the dog at the time of the attack are accountable for the damages and injuries inflicted. A.R.S. § 11-1020. If the dog was not properly confined within an enclosure, such as a fence, or restrained on a leash, then the animal is considered to be at large. When a free-roaming dog bites a child, the owner or handler charged with the dog’s care and control must be held responsible for the injuries sustained.

Certain Dog Breeds Have Known Biting Propensities

Don’t think that only certain dog breeds will bite. Phoenix child injury attorneys will assure you that all dogs are capable of inflicting bite injuries. Any dog, regardless of size, personality, training, or breed, can attack or bite a child and cause serious injury and scarring. However, as experienced Phoenix child injury attorneys know, certain breeds are more dangerous because of their greater propensity for biting. Those breeds include Chows, Doberman Pinchers, German Shepherds, Pit Bulls, and Rottweilers. Pit Bulls and Rottweilers are statistically more likely to kill a child in a dog attack.

Dog Bites and Dog Attacks Cause Serious Injuries

The injuries sustained in a dog attack or dog bite can be very serious, leaving the injured child disfigured, needing long-term medical care, requiring multiple surgical procedures, and extensive physical therapy. For many child victims, the event is traumatic and inflicts emotional damage requiring psychiatric treatment and counseling. And for some unfortunate parents, their child will not survive the extensive injuries.

Our Phoenix child injury and child safety lawyer at the Law Offices of Shane L. Harward is experienced in representing families whose children suffered dog bites or dog attacks. If your child was hurt, maimed, disfigured and scarred, or was killed in a dog attack, then you need a personal injury attorney who will fight aggressively on behalf of your son or daughter. When your child has been injured, contact our office before signing any insurance papers. To find out what you need to do to hold the owner liable for your child’s pain and suffering, call 480.874.2918 for a free initial phone consultation.

 

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