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Michael Ehline, Skateboard Death lawyer Michael Ehline, Skateboard Death lawyer

Can a Skateboard Be Used To Kill Someone?

Written by MichaelEhline on . Posted in Death Law Blog.

Michael Ehline, Skateboard Death lawyer

Yes. Skateboards can be used as deadly weapons. I am attorney Michael Ehline. As a youth, I was a “skate punk” (a bad guy) and rode a purple Simms, Lester with purple and black B-52 wheels and heavy Independent Trucks. If you don’t know what any of that stuff is, I’ll explain it all later from a lawyer’s perspective (a good guy) with more than ordinary knowledge of the laws across state lines.

Generally speaking, I can attest to the deadliness and effectiveness of a skateboard as a deadly weapon from a victim’s perspective, defending with and being assaulted by an attacker wielding a skateboard.

Yes. I was beaten unconscious with a skateboard when skating the Blow Hole in Yorba Linda, CA. I received a concussion, a broken hand, and a shattered foot, and I suffered lacerations, cuts, and bruises on my face, head, arms, back, and torso.

If I had a gun, you had better believe I’d used it to defeat the attack. I still experience problems with my arthritic hand and shattered foot, as the tendons and connective tissue never healed properly.

Skateboard Culture and Violence?

Many people associate Van’s Tennis Shoe-wearing skateboarders from my generation as rebels from a “skate or die” Gen-X past. But that bad boy image has lasted, making many women and children use the other side of the street when faced with street skaters smoking weed, drinking beer, and tearing up planters and drainage ditches as half-pipes.

Skateboard As A Tool To Escape?

Not every state requires you to flee from danger before confronting and fighting it. However, if you wanted to flee an attacker on your “assault skateboard,” it’s not a very efficient mode of transportation for a victim to use.

Nor is a skateboard an effective method of escape from a crime scene, primarily after it was recently utilized to assault another person. It could have popped the trucks out, hindering your ride to freedom.

Locals Only and Self-Defense?

The locals-only culture has also survived. Naturally, fights break out over the hot spots to jump in on your skater. But you may have to protect yourself if you experience bullying from locals. Even then, there is no guarantee that you can fight out of a group of angry skaters. A heavy skateboard could cause a lot of destruction if wielded to aid your escape.

Conversely, a bully or their gang could beat you or even the security guard there to guard the property to death with their skaters. Either way, it’s a no-win situation. If a court does help you, don’t expect a broke skater to pay you much in the form of damages or restitution for your medical bills, pain, and suffering.

What About Skateboards And A Private Property Owner?

The property owner or property owners could be prosecuted criminally, along with both the defenders and the attackers. At the same time, the victim awaits the jury to return with a verdict that may not prove self-defense.

If someone dies, expect an obsessed parent and the decedent’s loved one to file a civil wrongful death claim against the property owners and everyone else. They will always consider it murder. And no parent will even admit their bundle of joy could harm anyone.

It’s no use arguing with them, even when a witness or video evidence shows the decedent was attacking you, leaving you with no choice but to defend or attack your way out of a kill zone on private property. Even with witnesses, they could still be biased. So ultimately, you can use a skateboard to cause significant bodily injury.

But caveat emptor (buyer beware), it’s better to stay away from crazy people who care about turf or like to burn and riot while skateboarding. (For example, the attacker in the Rittenhouse case could have easily killed Kyle had Kyle not stopped his attacker with an AR-15).

What About The Kyle Rittenhouse Case and Why It Matters?

A deadly weapon is defined in California law as any instrument that may be used to kill, harm, or incapacitate a human being. In the Rittenhouse case, the prosecutor argued that Rittenhouse should have “taken his beating” and allowed his attackers to continue striking him in the head with the heavy skateboard trucks, impacting the back of Kyle’s skull.

Although the prosecutor knew a skateboard could kill, his argument was since Kyle had a gun, he deserved to get the shit beat out of him by somebody at a BLM riot, which was setting fire to businesses and looting stores nearby.

By most journalists in the mainstream press, Rittenhouse was immediately labeled a racist and white supremacist to dehumanize him for exercising his Second Amendment rights. They argued that the convicted, violent felon he had just killed, Anthony Huber, was trying to make a citizens arrest and disarm Kyle by chasing him and striking him in the head.

After all, Rittenhouse had just shot another violent rioter who was also chasing Kyle because Kyle tried to put out a fire ready to ignite a gas station lit by the “protestor.” The anti-Second Amend faction argues that skateboarding is not a crime and that Rittenhouse is a racist who should have “taken his beating.”

After all, they reasoned, Rittenhouse never underwent a background check to carry the AR15, so he deserved what he had coming. You can’t shoot unless you have your papers in order. At least, that’s the point.

The fact the people who chased Kyle and struck him were audibly heard on video saying “kill him” and “fuck him up” has no relevance from the prosecutor’s gun-free utopian perspective. Their answer was to paint Rittenhouse as a white nationalist “vigilante.”

Should Rittenhouse Have Stayed Home?

I am the first person to say Rittenhouse would have been better off staying home. But as the jury determined, Rittenhouse was carrying and legally possessing a firearm, which is an inalienable right.

A skateboard is just as deadly as a gun when in the hands of a determined felon criminal. That’s what the jury found here. And that is precisely how it happened, despite the false and allegedly defamatory statements we heard from CNN, MSNBC, Atlantic, WaPo, and the usual sensationalist media pundits.

The news media’s idea was to convict Rittenhouse in the press, ignore the fact a skateboard kills, and avoid being sued for defamation. When the jury returned a guilty verdict, the media pressured them to return.

It was even alleged that NBC followed jurors around in a potential attempt to intimidate them. We know that BLM and ANTIFA supporters have violently broken into residential housing complexes to get at their political rivals.

So the intimidation is real if they can find you and hold a “mostly peaceful” protest with Molotov cocktails outside your child’s bedroom, for example. The judge determined this behavior was wrong and prohibited the news agency and its friends from entering the court once he learned about the potential plot.

The media’s failure to accept facts, and inject made-up narratives with zero foundation, has all but assured Kyle Rittenhouse would eclipse Nick Sandman as the largest-ever defamation award granted against big tech and their “progressive” allies in the federal, state, and local media.

See and Hear Below Video

I don’t feel using a weapon for personal defense constitutes a death warrant to be beaten with a skateboard and a bunch of hardened, convicted, violent felons in Wisconsin. The threat is real.

Self-defense enthusiasts argue that if ANTIFA and BLM, and their news media allies don’t want ordinary citizens to defend themselves with a gun, they can always call for a Constitutional Convention and prevent the government from recognizing your pre-existing right to keep and bear arms.

But what about the damage that can be done with a car or a skateboard as a deadly weapon? Progressive advocacy organizations are screaming to take away your expensive guns and ammo, but will assault skateboards soon be on the Roberti-Roos list of registered assault weapons?

“But this is the state of public prosecution modernly, with prosecutors backing criminals and victimizing victims according to many public safety organizations, including police unions,” said Greg Pope, USMC Military Police, Ret. In the meantime, buy a skateboard and learn how to use it. It may be your only tool of defense.

Biomechanics of Deadly Bludgeoning Weapons, Including Skateboards

Although a skateboard is not designed to attack people, like other items of sports equipment, it’s easy for any reasonable person of average intelligence to understand just how deadly a skateboard can be, whether it’s wielded or thrown to strike a person in a fight actively.

You only have to get hit by a loose board in the shins or head once to know how deadly a skateboard can be. Let’s break it down from a scientific perspective.

Skateboard decks range in weight from 7 to 10 pounds. It will be composed of between 6 and 9 layers of pressed wood and epoxy with a thickness of about 10 millimeters.

The weight will be concentrated on a region about 1cm by some inches long along the approximately 5cm base of your skull, in the Rittenhouse example above, owing to the wheels/bearings and trucks on each end.

Although a skateboard may not be very effective as a throwing weapon, it is a classic example of a bludgeoning weapon. It remains large and heavy enough to cause a fatal blow to a person’s head easily.

Tips About Bringing A Skateboard To A Gunfight

Could you not do it? The violent felons who were burning buildings argued to authorities they were heroes, chasing after Kyle, trying to disarm some crazy kid with a gun who should be in school. They say that, as the prosecutors, Kyle should have let them grab the barrel of his gun, become disarmed, and been beaten by the rest os Kyle, heard them shout, “kill him.”

“That’s absolutely the American way of life to them. Justice means equity, equity means mob justice, and defunding police officers,” said Kathy Wanser, a single mom living in Carlsbad, CA.

“That is exactly the definition of vigilantism being attributed to Rittenhouse,” according to Jack Daniel, former Wisconsin City Attorney.

What are Some Other Everyday Items That Can Double As Weapons?

ANTIFA teaches its members organization to use makeshift weapons like frozen water bottles. Their anti-fascist team uses these missiles to throw at police, business owners, and other people in or around areas they throw riots.

Other weapons these “pro-democracy” groups use to harm people are hammers and screwdrivers. Although a skateboard isn’t as effective as an AR-15 at fending off a violent rioter, it’s often enough to intimidate multiple attackers from assaulting you. A group may turn tail when faced with a dude swinging his skater violently.

In the Rittenhouse case, his attackers saw he had a gun, yet that didn’t stop them from chasing him, as they shouted: “kill!”

If you connect and land your skateboard on someone’s head, you will see stars when those trucks make contact, assuming you are not knocked out entirely.

Like Most Things, With A Skateboard “Size Matters”

Several types of skateboards, from electric skateboards, gas-powered skateboards, trick skateboards, and street skateboards, are used for differing circumstances by different types of skateboarders.

Skateboard Is More Effective As a Flanking or Surprise Attack?

If you can gain the advantage and attack someone from behind, your skateboard will most effectively kill a person. The board’s rugged wheels, trucks, and hard edges can exert incredible inertia and force. Imagine being struck in the windpipe with the edge.

You can also use your skater as a shield to fend off another skateboard. As the attacker in Rittenhouse demonstrated, the board as a weapon is best when used for surprise attacks, especially from behind.

Recent Examples of Skateboards Used As A Deadly Weapon In The News

On November 25, 2015, in Santa Ana, California, a man died after being struck in the head with a skateboard while engaged in mutual combat. (Source).

However, in that case, ABC News reported this was a justifiable homicide, similar to the Rittenhouse case. In another terrible issue, the Humboldt County jury convicted a man of involuntary manslaughter for the skateboard killing death of Bernhard “Ben” Britain, 58, on

Christmas in 2018. The fact relate the decedent died three days after helping defend another person in a physical altercation at the Burre Center in Eureka, CA.

The facts relate that a skateboard wielded by Jason Ryan Barnes was used to batter a laundromat employee. Barnes tried to help, and he was beaten with a skateboard.

“An autopsy by Napa County Forensic Pathologist Joseph Cohen determined that Mr. Bertain’s spleen had ruptured due to an expanding hematoma caused by blunt force trauma to the torso.” (Source North Coast Journal).

Legal Exception For Use of Skateboard In Self Defense?

Under California law, you have no duty to retreat or run from an attacker. As we saw in the Rittenhouse case, he tried to run away, only to be hit from and attacked from behind. Had Kyle stood his ground and fired, he would have avoided the risk of being killed.

If you don’t have an actual weapon like a gun, that clumsy skateboard can easily smash the hell out of your attacker. Since It’s not declared a gun by the state, it doesn’t have the stigma of a gun to the emotionally driven public at large.

Conclusion

Security guards and property owners hate skateboarders. Skateboards and their use can cause great bodily harm. The Kyle Rittenhouse case highlighted the way a determined attacker can use a skateboard to maim or kill a law-abiding citizen near their favorite skate spot in town.

Just about any small, blunt object, including a skateboard, can kill in an attack or while on the defense. The defense argued that a young kid, Kyle Rittenhouse, would be dead if it weren’t for guns. To doubt that is to ignore that all three of his attackers were violent felons, say Kyle’s defense team and lawyers. Don’t forget there was no cop on duty patrolling this area that night helping.

The intent of rioters acting as a mob that night was clear. If you find yourself in a similar situation, you may have no other way to protect yourself than your skateboard. The best way to avoid using a skateboard as a weapon is to live or move to an area where the locals respect authority and the rule of law. You can’t afford the costs of defending a murder case, even if you’re innocent.

Citations:

Dangerous Breeds of Dogs: Pit Bulls

Dangerous Breeds of Dogs: Pit Bulls

Written by MichaelEhline on . Posted in Dog Bite Blog.

Ultimate Guide to Understanding Dangerous Pit Bulls

If you are struggling with medical bills from reconstructive surgery after a dog attack, are an insurance adjuster, defense attorney, plaintiff’s lawyer, or researcher, do not ignore this article.

Example of Pit Bull Type Dogs, with a white collar, with studded spikesI am California dog bite attorney Michael Ehline. I am recognized by many courts and the general public as a USA dog bite law expert. At the outset, the word Pit Bull describes various fighting dogs and other dogs with locking jaws, often cropped ears, and a cropped tail.

The term “Pit Bull type dogs” has become a vague and ambiguous term, not readily capable of being determined in some cases, but generally understood as large animals initially bred to have strong jaws and aggressive tendencies. Its primary ancestor is the Old English Bulldog, mixed with the agile, feisty, Black, and Tan Terrier. Humans originally bred Pits for their ability to fight bulls (bullbaiting) and bears, hence Bull-Terrier and its many iterations throughout U.K. and U.S. society.

But Pit Bulls Aren’t a Recognized Breed?

No, they are not, at least not generically. Generally, people think that Pit Bulls are specific breeds.

But the phrase “Pit Bull” represents umbrella terms that describe various dogs. People often reference these  agile, powerful animals as “bullies.” Most of the general public and Pit Bull owners think of a Pit Bull as any canine with a square jaw and stout, muscular build, but only the American Pit Bull Terrier is officially a “Pit Bull” (a dog bred to fight other dogs.) Pictured above is the alleged deadly dog species breed called the American Pit Bull Terrier.

Some people might call a dog that looks like a “Pit Bull Terrier” a “dog breed,” even though it may be from a class of other dog breeds like herding animals. A Pit Bull’s jaws tend to be stronger than other animals like Dobermans. By comparison, German Shepherds and mixed breeds used as family pets or for supervision of livestock, sheep, and goats are another common domesticated dog with a far less notorious reputation for unfettered violence.

Are Pits Fighting Dog Breeds?

Pits are in the class of dogs called “fighting breeds.” Many fighting breeds are considered serious threats by police and insurance companies.

Several municipalities prohibit fighting dog species, including:

  • American Bulldogs
  • Argentinico (Argentinian dog)
  • Cane Corso
  • Dogi Argento
  • Fila Brasileiro
  • Presa Canario.

Neither of these above species is Pit Bulls. But many have descendants whose origins are similar to Pit Bulls. Several countries have regulations for such breeds, not just the U.S. and places like California.

Pit Bulls Used to Be Considered Celebrity and Family Pets

In the past, Pit Bulls were considered kind and beloved family dogs. Pit bull types of dogs were beloved and owned by many famous historical figures and celebrities, including Helen Keller and president Teddy Roosevelt.

Many Pit Bulls were used in famous 20th-century advertising campaigns and motion pictures, as well as in renowned T.V. shows and movies as pets. So their history did not start as “Snoop Dogg” gangster dogs so many modern celebrities lionize. In other words, these dogs were not always thought of as violent killers.

Advocacy groups who make money pushing for new laws have stated Pit Bulls kill more humans than other ‘breeds,’ with Rottweilers coming in second place for causing the most severe injuries. These findings are based on an advocacy group’s interpretation of dog bite statistics provided by the U.S. Centers For Disease Control (CDC), an organization dedicated to tracking rabies and not identifying dangerous breeds. So let’s get into the meat.

Our Expertise, Authority, and Trust As Dog Bite Lawyers in L.A. County

Ehline Law dog bite lawyers have recovered millions of dollars for hundreds of dog bite attack victims in over 15 years. Our lead counsel is an award-winning dog bite lawyer. Below I will discuss the arguments for and against Pit Bulls being an inherently dangerous animal through the lens of a trial lawyer and believer in logic.

In the end, I will offer you tips on how to prevent attacks on dogs and owners and provide some free advice about protecting your rights to maximum compensation after a bad dog attack.

Using Logic As a Basis of Understanding Pits, Other Dogs, and Other Terriers

Remember that Rottweilers are not fighting dog breeds; they were used as drover dogs and for herding livestock. However, many say they can have aggressive behavior as well. Poodles have a history of injuring people as well, including tiny children.

But appearances and popular culture have instilled a public fear of particular breeds of dogs and fear of fatal attacks just due to the negative perceptions of public safety emergencies.

Majority of Reported Animal v Animal Attacks Are Pits.

Statistics indicate that Pits are responsible for killing most of the children attacked by a dog. Because of this, Pit Bulls are commonly called the No. 1 canine killers of domesticated pets and animals. 

Statistics show that a Pit Bulls breed killed more than 75% of animals killed by a dog in 2017.

Deaths included:

  • 13,000 dogs
  • 5,000 cats
  • Twenty thousand horses and other farm animals. (See also Merritt Clifton, ‘Pit Bull Roulette’ killed 38,000 other animals in 2017.)

These numbers mean Pits are responsible for killing 90% of other animals killed, including: 

  • Pets
  • Horses
  • Farm animals.

In 2019, Pit Bulls made up:

Most Airlines Won’t allow Pits.

It should not be a shock that most U.S. residents dislike or fear these animals as a danger to toddlers and other kids, including grown-ups. Many people think you should not have the right to own these dogs. (Source, YouGov.us, Poll Results: Pit Bulls, July 24, 2014.)

The dogs on this no-fly list would include an American Pitbull Terrier, Staffordshire Bull Terrier, American Staffordshire Terrier, and probably similar-looking mixed breed dogs.

Pro Pit Bull Advocate Position

Pit Bulls often called “Pits” or “Pit Bull Terriers,” are partly a product of their breeding and their master and experiences. Some of the “experts” at Pit Bull Rescue Central, a non-profit involved in dog rescue, and others counter that dangerous dog breeds are only dangerous dogs because of the poor training provided by the owner, and that is where the focus should be pro Pit Bull and look at owner responsibility as the core problem.

This type of advocacy gets dogs out of danger, helps others adopt them, and gives them a good home where there won’t be any dog fighting, bull baiting, or other violent training exceeding that of essential guard dogs.

Specific Breed Euthanasia and or Sterilization View to Pit Bull Problem

However, the other side has varying levels of dealing with this alleged breed-specific problem.

Tan and White American Pit-Bull

At one end of the spectrum, some believe these are inherently dangerous dog breeds that should be put out to pasture. Other more mainstream organizations like PETA want the dogs sterilized or even bred out of existence by dog owners or the state.

They say this is the best way to eliminate or significantly reduce fatal and disfiguring attacks on kids, elders, and other innocent victims.

Understanding the Risk of Pit Bull Attacks

Pit Bulls are commonly derided as an especially dangerous breed. Forbes Magazine analyzed data from various dog attacks. They found that between 2005 and 2017, Pit Bulls were responsible for the most deaths of people of any breed. In the stats, Forbes found 284 fatalities during the period. This was triple the number of the next highest death count by breed.

Why Do Some Experts Say Some Breeds Are More Aggressive and Likely to Attack?

Internet sites Dogs may be socialized in homes as kind and loving, but there’s also an aspect of the house that remains wild. Often dogs have become more aggressive as they were raised viciously for centuries. Some were rescued from situations where the animals were socially abused to act violently, like fights.

Not all house situations are suitable for pets, either. Studies showed that an abused dog was developed from people who exhibit psychopathy, which became dangerous to dogs and impacted their lives, hurting their health.

Statistics Say Pit Bulls Are Responsible for the Majority of Fatal Attacks?

While most Pit Bull breeds live their entire lives without attacking a person, there are serious safety concerns over them with cities, insurance companies, and dog bite lawyers. One side argues they display aggressive behavior; the other side says they blame the owner. Even the statistics and arguments can be twisted to mean anything, and they usually are not accurate to stand for the arguments they portend to support.

Pit Bulls Most Shot Dog Breeds?

Yes. At least one two-year-long study indicates many examples of police officers shooting dangerous pit bulls. (Source, dogsbite.org.) Another 11-year study from 2008 published by the New York City Police Department showed Pit Bulls comprised approximately 72% of dog shootings, closely followed by Rottweilers making up 10% of dog shootings.

Common Sense Side of The Argument Over Pit Bull-Type Dogs

The more of the same dog breeds owned by the masses, the more specifically bred dogs will be involved in dog bite fatalities (Pit Bull bites and those of other pets like wolf hybrids can kill just as quickly as a tiny Chihuahua if popular enough.)

Compare this to a car model. If more people own a Honda Accord than a Ferrari F-40, there will be more Accords in car accidents as a matter of pure numbers. The fact is, Pit Bulls are one of the most popular dog breeds in California.

Keep in mind that the anti-Pit Bull lobby has its figures. Time Magazine researched the topic and found that Pit Pulls comprise 6% of all pets yet are responsible for causing 68% of all dog attacks and 52% of all dog-related fatalities since 1982.

So take what I am covering below with a grain of salt and use your abilities of superior reason and deduction to see through both sides. Statistically speaking, more people who own Honda Accords will end up in prison than those who own a Ferrari.

And the anti Pit Bull side claims that certain published, peer-reviewed studies in authoritative psychology and forensic science journals establish that pit bulls are more likely than not to be social deviants and even more likely to commit atrocities and crimes involving children. 

Journal of Forensic Sciences Study

In 2009, the Journal of Forensic Sciences found that:

“Vicious dog owners reported significantly more criminal behaviors than other dog owners,” They were ranked “higher in sensation seeking and primary psychopathy.”

A 2011 Journal of Forensic Sciences study asserts that:

“…vicious dog owners reported significantly higher criminal thinking, entitlement, sentimentality, and super-optimism tendencies. Vicious dog owners were arrested, engaged in physical fights, and used marijuana significantly more than other dog owners.” (Source.)

Bad People Tend to Own Dangerous Dogs?

Behaviorists agree that gang bangers and people in poor neighborhoods are more likely to own intimidating Pit Bulls, so there is more truth than not to this line of thinking. We know inner-city crime involves trained underground dogfighting for money, which is pure animal cruelty.

This fact may also be a reason there is more breed-specific legislation in poorer areas of Los Angeles to help prevent such biting incidents with a higher prevalence of serious injuries or death.

These experts assert that Pit Bulls owners by population will also engage in alcohol abuse, domestic violence, and violence against others. (Source, Jaclyn E. Barnes, Barbara W. Boat, Frank W. Putnam, Harold F. Dates, and Andrew R. Mahlman, Ownership of High-Risk (“Vicious”) Dogs As a Marker for Deviant Behaviors, J. Interpersonal Violence, Volume 21 Number 12.

Outright Bans?

Furthermore, the potential danger of Pit Bulls is so significant that some cities have even created schemes to ban ownership of these stout dogs. While many Pit Bulls are not dangerous, mistreated, or poorly cared for, animals could attack without proper training.

Pit bulls are especially dangerous around children, with many experts saying they should never be considered when selecting pet dogs. While each dog is different, statistics show a cause for concern among certain breeds.

Colleen Lynn Argument

Lynn is president of DogsBite.org, a national dog-bite-victims group committed to reducing dog attacks. I, for one, found much common sense with Lynn’s arguments in contravention of those made by Pit Bull Rescue Center. Lynn says no matter how good, or bad the owner is, humans bred the dog to be a killer, and that’s in their DNA. Her idea is that some dog breeds are for hunting, others for attacking (“Doberman Pinschers”), and so on.

Lynn quipped: “Why do herding dogs herd? Why do pointing dogs point? They don’t learn that behavior. That’s selective behavior.” “Pit bulls were specifically bred to go into that pit with incredible aggression and fight,” and “Every kind of dog is neglected and abused.” She said that not every dog reacts to the abuse in the violent, deadly way a Pit Bull might.

In summary, she is arguing that although no two dogs are alike, a wolf is going to be more dangerous than a sled dog, etc. Many breeds will have a reputation for having a delicate nature, and others won’t, with differing shades of threat. Dogs in a pack will be more dangerous and threatening, especially when a female nearby is in heat.

Other Arguments In Favor of Pit Bulls Being An Inherently Dangerous Dog Breed

A 15-year study was published in 2009 by the American Journal of Forensic Medicine and Pathology.

That study indicates that Pit Bulls, Rottweilers, and German Shepherds made up the majority of deadly dog attacks in Kentucky styled: 

“See What Your Dog’s Breed Says About You.” There was also a study published in 2011 by the Annals of Surgery.

That publication showed that: 

“attacks by Pit Bulls are associated with higher morbidity rates, higher hospital charges, and a higher risk of deaths.”

Pit Bull Attacks In the News

  • In 2022, Marina Verriest was dead by her husband after work, only to discover their pet Pit Bull was devouring his wife. (Source.)
  • In a 2017 news story, 22-year-old Bethany Stephens of Goochland County, VA, was found dead by cops, with her two pit bull pets eating her rib cage. 
  • In 2013 detailing police in Nassau County, New York, two pit bulls attacked a teenage boy and three women for over 30 minutes. (Source, CBS New York.)

Notorious Texas Pit Bull Attack

Back in July 2019, police found bits of a man’s bones and clothes in the excrement of 15 Pit Bulls he owned. (Source Fox4News.com.)

Other Notorious and Related Case

With all that, we hear news of other breeds being just as deadly. A Presa Canario breed savagely killed Diane Whipple in 2001 after mauling her. Her story was broadcast worldwide.

More Than Half of Pit Bulls Are Up For Adoption?

Yes. More than 50% of U.S.-owned Pit Bulls are listed for sale or adoption by their owners at any given time. (Source, Merritt Clifton, Breed Survey 2019 and Merritt Clifton, “Rescued” pit bulls now outnumber pit puppies.)

Are Pit Bulls Considered Unpredictable?

As noted above, many T.V. and print news stories about deadly Pit Bulls exist. Reports suggest that these dogs are highly violent, leaping or jumping from the floor at people without any warnings.

Why Are Pit Bull Dogs Considered So Dangerous?

Due to their sheer power and size alone, Pit Bulls can lead to severe health risks. These animals can hold their targets, including other dogs, down, refusing to release, even when commanded.

Furthermore, many sources indicate that Pit Bulls are more likely to attack humans and other dogs. Again, the scientific journal Annals of Surgery asserts that two people are injured daily in U.S. Pit Bull attacks.

Allegedly, a fatal Pit attack takes place once every two weeks. The journal Plastic and Reconstructive Surgery found the same thing. A five-year survey of a children’s hospital in Philadelphia found that Pit Bulls caused at least 51% of all dog bite injuries.

In over half of cases involving infants and pre-schoolers, the dog bit them in the face. Hundreds of American court cases indicate that Pit Bulls are deadly weapons. Pit Bulls have been banned in dozens of cities and counties across the country.

LiveScience found that pit bull owners are often responsible for higher insurance premiums or even insurance mandates, depending on locality. So while some call it a myth and say the Pit is no more dangerous than others, safety advocates have plenty of material to point to supporting their efforts to have these canines spayed and neutered.

Techniques for Stopping a Dangerous Dog

We have included some tips here dealing with thwarting dog attacks. But to make it easier, here are some general suggestions for dog owners and potential dog bite victims.

  • Dog owners should muzzle their dog out in public, especially when small children nearby.
  • People out walking, jogging, or bicycling should carry pepper spray and know how to use this substance safely.
  • If you have a CCW, carry it and be ready to put down an attacking dog.

What Happens If a Pit Bull Bites Me in California?

  • Call the police. In an emergency, law enforcement, including Animal Control, police are entitled to kill Pit Bulls to protect themselves and others from fatal dog attacks.
  • Hire a dog bite lawyer to sue the at-fault dog owner or controller
  • Support organizations like DogsBite.Org to push for more regulations to stop fatal dog attacks.

Caveat: Even a chained Labrador Retriever can be aggressive toward people, even though not considered a dangerous dog breed. However, unchained or not, Pit Bulls were bred to bait bulls and even bears, and they behaved that way. Breeders know their puppies and grown dogs can potentially harm you, yet so can some other breeds like a Rottweiler or when a smaller dog bites.

Summary: After a systematic review, we have found that the American Pit Bull Terrier is the only natural Pit Bull breed. Socialization is vital in keeping these dogs safer, but not guaranteed to make them safe or prevent deaths. However, the American Staffordshire Terrier and Staffordshire Bull Terrier are often confused by the public as pit bulls.

Even though there is no way to declare some dogs a Pit Bull breed positively or not, they frequently display specific characteristics, including inherent aggressive tendencies.

Dog shelters have had an abundance of Pits for sale or adoption in recent years. All dogs can be dangerous. You must exercise due diligence and become politically active to make changes to reduce deadly attacks.

How Can I Schedule a Free Consultation With a Pit Bull Bite Attorney in Los Angeles?

Are you suffering confusion or difficulty evaluating all this information about dangerous dog breeds and Pit Bulls? Did a Pit Bull breed attack you or a close loved relative? Did someone pass away? Would you like to talk to a highly experienced dog-bite lawyer about your case?

Ehline Law Firm’s dedicated, compassionate staff have decades of experience. Our top team is available 24/7 at (213) 596-9642 to take your call and discuss your critical case. We can help you seek and acquire an award of monetary compensation for wrongful death, bite, and dog attacks. We can also be reached using our convenient online contact us form here.

Citations:

  • Dog Bite Prevention for Law Enforcement and Other First Responders, by Randall Lockwood, Ph.D., Tawzer Dog Videos, 2004 (tawzerdog.com)
  • The Care of Pit Bulls in the Shelter Environment, by Leslie D. Appel DVM, American Society for the Prevention of Cruelty to Animals (ASPCA), 2005 (sheltermedicine.com)
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6 Year Old Dog Attack Hero Bridger Walker and the Reality of Dog Bite Attacks on Children

Written by MichaelEhline on . Posted in Dog Bite Blog.

A Hero that Our Nation Needs Right Now!

Bridger Walker is now a national figure despite being just six years old. Several weeks ago, the young man gained national attention for his bravery in saving his four-year-old sister from a dog attack. His aunt posted the story of the incident on Instagram, rocketing the young man into the stratosphere of modern heroes. The young man was beside his sister, showing his bruised and stitched face. According to his aunt, the action saved her life. The emotion is palpable:

On July 9th, my six-year-old nephew Bridger saved his little sister’s life by standing between her and a charging dog. After getting bit several times on the face and head, he grabbed his sister’s hand and ran with her to keep her safe. He later said, “If someone had to die, I thought it should be me.” After receiving 90 stitches (give or take) from a skilled plastic surgeon, he’s finally resting at home. We love our brave boy and want all the other superheroes to know about this latest hero who joined their ranks.

A Reaction Fit for a Hero!

Young Bridger received an outpouring of support and praise for his actions, and it makes total sense considering his bravery in times of danger. Considering that he is just six years old, this is an incredible story that must be shared far and wide. I hope that my few words can go a long way to honor the actions that he took. We saw this even on Inside Edition, which featured the young man for his heroism. He also received video shoutouts from his heroes in the movie industry. His incredible bravery was also rewarded in a way that a young person would love. He was treated to a shopping spree for what he had done. Bridger was also honored by the World Boxing Council, naming him an honorary champion, as seen below:

Are dog attacks Far too Common?

Unfortunately, the attack that changed Bridger and his sister’s life is too everyday. I’ve seen dozens of such attacks and read about or watched many more. There are several things in common with these types of attacks.

  • Age is often a linking feature. Most of these types of dog attacks usually involve children. Children do not have the same social cues as adults and may not always realize when a dog is not playing. Furthermore, some breeds of dogs see children as potential competitors or prey. According to the Children’s Hospital of Pittsburgh, over half of such injuries are to children.
  • Statistics indicate that certain dog breeds are more likely to attack. These include the more infamous breeds of pit bulls and rottweilers. As Forbes found, several strains are much more likely to attack than others. According to their research, Pit Bulls, Rottweilers, and German Shepherds are the three most likely dog breeds to attack. In fact, according to the info they cite, the Pit Bull was involved in more attacks than all of the other dog breeds combined!

If the stats above are not sobering enough, there is even more to consider. Hundreds of thousands of people, primarily children, are injured in such attacks annually in this country. According to Canine Journal, There are over 4.5 million dog bites each year, with 800,000 dog bites requiring medical care. As a result, more than 1% of the national population is bitten by a dog yearly. Parents must be cautious about their children– even around dogs that the kids may know. It is all too common for a child to be seriously injured by a dog their family owns.

What to Do in Case of Dog Bite?

In the case of a dog bite, the first act is always to seek medical attention. Even minor bites or bites that do not seem to be bleeding may still get infected. This goes twice over if the dog’s vaccination history is not known. Make sure to seek out the help of a doctor as soon as possible. Once you receive the preliminary medical treatment, a trained legal professional is usually the next step. Not every dog bite results in a legitimate response, but many do–, and many don’t that should.

Going over your legal rights is a must. This goes especially in cases where it will be done for free with no monetary obligation, as Ehline Law offers. We will travel anywhere in California to discuss your legal options and possible next steps. Furthermore, in some cases, we can pay for medical costs upfront. This helps give peace of mind to you and your loved ones dealing with the aftermath of such an attack.

Our skilled team determines the short, medium, and long-term physical and emotional toll of such an attack, especially if it happened to a child. We stop at nothing to help our clients. We don’t accept a penny unless we recover for them– and I always use my motto of fidelity for everyone, from the moment we take on the case until justice has been done. That’s our promise. We are here to help you.

About the Author:

Michael Ehline is the head attorney of the Ehline Law Firm, Personal Injury Attorneys, APLC. This story was crucial to me for several reasons. First, as the head of one of Southern California’s most successful personal injury firms, I’ve seen terrible dog injuries before, especially dealing with children. This is a particular issue for me. I want to avoid as many future dog attacks as possible.

I also want to ensure that little Bridger is honored for his exemplary service to his family. It’s a topic that is important to me. I served with true heroes and brave men during my time in the United States Marine Corps. I see that same bravery and dedication beyond self in this young man. I know that he will accomplish much during his life. If you want to learn more about my thoughts on personal injury cases, keep reading this site. I’ll update you on similar incidents over the coming weeks and months. Furthermore, I’m always available at losangeles@ehlinelaw.com.

Works Cited:

How Long Does Electricity Stay In My Body After Being Shocked?

How Long Does Electricity Stay In My Body After Being Shocked?

Written by MichaelEhline on . Posted in Burn Injury Blog.

An electric current from a live wire can kill a human being, and each year in the United States, more than 1,000 people die of serious burns from an electric shock. Upon contact with a live wire or lightning, the electric current enters the body and flows through the body as it exits from one end resulting in electrical burns and, in many cases, thermal burns.

I am Los Angeles burn injury lawyer Michael Ehline. I am lead counsel for Ehline Law Firm Personal Injury Attorneys, APLC. I am an expert in electrical burns and a former licensed C47 contractor with special knowledge and skill in California building codes and electrical laws.

What Is an Electrical Shock?

The violent response from an electrical flow through the body is what experts refer to as an electrical shock. There are two types of electrical injury a victim may receive; primary and secondary.

Primary electrical injuries include burned skin, tissue damage, and other internal injuries from the flow of electricity. In contrast, secondary electrical injury refers to indirect damage from the current, like falling, as the shock can be enough to throw a human around.

Electrocution occurs when an individual dies when in contact with an electric current. The electric source could be from lightning strikes, stun guns, exposed wire extension cords touching metal objects, and anything else not at the negative ground.

All the damage from associated burns and nerve damage can take ten days or more to develop. The burn damage is often relegated to the area where the electricity passes through or leaves the body. In some cases, blood vessels may be damaged or destroyed as the electricity passes through your body.

How Much Current from an Electric Shock Is Dangerous to Humans?

Humans are great conductors of electric currents due to the tissues and blood cells, and the amount of current that flows through the human body determines the damage. The electric current heat the tissues and stimulates the muscles, which can result in many different injuries ranging from a fall to a cardiac arrest.

Let’s look at the milliamperes (mA) needed for the following estimated effects of 60 Hz AC currents:

  • One mA – Does not cause any injuries
  • 16 mA – Enough to hold and let go by a person (visible injuries)
  • 20 mA – Respiratory muscles paralysis
  • 2 A – Cardiac standstill with internal damage to the organs
  • 20 A – Tripping of fuse breaker.

A relatively meager amount of electricity can cause physical damage to a current electrical victim considering 20 A can trip a fuse breaker.

Skin Resistance and Electrical Injuries

The skin provides the highest resistance to an electrical current in the human body, and dry, damaged skin (calloused hand) has even higher resistance. However, underneath the skin, the cells and blood offer the least resistance due to their wet nature and are great conductors of electricity.

High-voltage electricity can break skin resistance, causing cuts and allowing the current to pass through a person, and more current passes through if there are fluctuations in the voltage.

Coming into contact with water can also break skin resistance delivering a nasty electrical shock that can kill or maim an individual with burn injuries in extreme situations.

Large and fluctuating voltages can cause electroporation and cell membrane damage, which can happen if coming into contact with an electric cord or electrical outlets.

Does Electricity Stay in the Body?

Although electrons are present in the body, they are harmless unless these electrons get charged. When coming into contact with a live wire, the electricity flows through the body charging these electrons that start to move incredibly fast, resulting in internal injuries.

Electricity does not stay in the body but passes through, charging the electrons that cause damage to the victim. Electricity travels at the speed of light, so there is no way for it to stay in a body but travel through it, exiting from any point.

When Should You Call for Help?

You should contact a family medicine doctor or call a local emergency number immediately if you start to feel the symptoms of an electric shock.

There are many different symptoms of an electric shock, but those that warrant a quick call to local medical professionals are as follows:

  • Fever
  • Increased swelling and blistering
  • Breathing difficulties
  • Change of color in urine
  • Weak muscles
  • Pus draining.

If you’re unsure whether or not you need medical treatment, contact the local emergency number, which will provide medical advice based on your situation or symptoms. (tingling sensation, numbness, loss of consciousness, weakness, infection, loss of motor function, heart arrhythmias, or loss of use of limbs.).

You’ll be treated fairly and with compassion during our free consultation to discuss our legal services and identify any parties with liability to pay your medical bills, pain, suffering, and other emergency hospital expenses. Don’t delay; you could blow the statute of limitations for a civil case.

Contact Ehline Law for Your Electrical Injury Today

Get a free consultation with our expert Los Angeles personal injury attorneys today for a case evaluation. For example, our Healthwise logo of the Griffin protecting justice says it all. When victims seek legal aid after severe nerve damage, burns, scalds, or other injuries occur, burn victims can count on us.

If you’ve got electrical injuries that were not your fault, you may be eligible for compensation for your losses. Contact us at (213) 596-9642 before the danger and warning signs become more severe.

California Wrongful Death General Damages

California Wrongful Death General Damages

Written by MichaelEhline on . Posted in Death Law Blog.

Wrongful Death Examples

Understanding CA Wrongful Death Damages

Ultimate Guide to Understanding Wrongful Death Damages in California

A California wrongful death claim follows the law relating to claims for the loss resulting from a death that is considered to be caused by someone else. Below, our top Los Angeles Wrongful Death Attorney explains the steps in understanding what damages are and how to get awarded maximum compensation for accidental death or intentional killing of a close loved one.

California’s wrongful death statute, which you can find in California Code of Civil Procedure section 337.60, et seq, explains the process. Do you want to file a wrongful death claim? The team at Ehline Law can help.

Do You Have a Wrongful Death Case? Contact Ehline Law

If your loved one’s death results from another person’s negligence or intentional misconduct, you have the right to file a wrongful death case. The deceased’s loved ones may have a valid wrongful death case consequent to traumatic events, including car accidents, slips, trips, and falls that lead to death. We base wrongful death cases on the premise that someone else’s carelessness or intentional infliction of physical harm caused the death of another.

Vital Issues to Consider Before Filing a Wrongful Death Claim

When it comes to wrongful death lawsuits, California wrongful death law allows surviving family members or a decedent’s estate to sue for economic and non-economic damages when a person dies as the result of someone else’s wrongful act, whether the act of killing your beloved family member was negligent, reckless, or intentional.

They can file a wrongful death lawsuit for economic damages and non-economic damages, and even future economic damages. Damages in wrongful death cases can include burial expenses, funeral expenses, lost wages, and compensatory damages for the loss of the deceased’s companionship and financial support over their life expectancy.

You can even receive compensation for assistance, protection, affection, society, and more by hiring the right personal injury attorney. Pursuing a wrongful death claim in California may require knowledge and experience in the various issues related to these cases and California civil jury instructions. You need the skills of an expert and aggressive wrongful death lawyer to help you obtain maximum compensation.

Call Our Compassionate Personal Injury Attorney Team

Call us today and set up a free, no-risk consultation with our lawyers. We will explain with compassion and explain your rights, discuss expectations, and tell you how we can help you recover damages.

Let us now establish a common sense, attorney-client relationship to take on your wrongful death action and get you the cash value you deserve. We can also help with defending against or bringing any survival actions.

What Damages are Recoverable in Wrongful Death Lawsuits?

Under California law, a wrongful death lawsuit is “a cause of action for the death of a person caused by the wrongful act or neglect of another.” We can generally define the damages in wrongful death cases by two distinct time periods: the first category that permits recovery of damages the deceased experienced from the injury that caused the death to the decedent’s death. This category in the code of civil procedure may include medical bills, the decedent’s pain and suffering, lost wages, and funeral and burial expenses.

Moreover, the second category covers all losses the decedent’s next of kin suffered after the victim’s death. This kind of damages will provide support to the decedent’s surviving spouse or family for things like in-home nursing care and value of household services, and other companionship, comfort, care, assistance, protection, affection, training, and guidance. There are many losses for injury victims to consider before forming an attorney-client relationship or negotiating with an insurance company.

How Much is a Wrongful Death Lawsuit Worth in California?

Many factors affect the worth of wrongful death; the most critical factor is the type of losses that the victims have suffered and are therefore seeking compensation for.

California statutes allow plaintiffs to seek compensation for both economic and non-economic damages, medical expenses incurred prior to the decedent’s death; burial expenses; decedent’s lost wages and benefits that would have been earned but for death; loss of financial support; and value of the loss of parental guidance, companionship, and affection suffered by surviving family members.

We will calculate all economic losses based on their actual monetary value. In other words, if funeral expenses cost the decedent’s family $10,000, then they can seek $10,000 in damages for these expenses when they apply to wrongful death actions.

Conversely, it is more difficult to calculate the worth of non-economic losses, such as the value of lost companionship in a wrongful death suit.

Who Gets the Money in a Wrongful Death Lawsuit in California?

Typically, the court can award wrongful death damages to the decedent’s surviving spouse, the surviving children, and the surviving parents. Depending on the circumstances surrounding the deceased’s death, the jury can also award punitive damages to the surviving family members. For example, dog bites or car accidents that were reckless or intentional deserve to be punished and not just compensated as a lump sum.

You can see more articles to learn more about punitive damages authored by our superb personal injury lawyer, Michael Ehline. The court can also award punitive damages where the defendant engaged in a particularly reckless or egregious type of conduct resulting in the deceased person’s death from a premises liability claim, for example.

How is wrongful death damage calculated?

You can recover damages for anything the decedent would have contributed while they lived. You can also recover what you lost for intangibles like moral support (general damages) and tangibles financial losses like gifts or benefits you expected to receive, including medical bills.

There is no monetary value that can be accurate when it comes to valuing a person’s life. However, on legal grounds, we apply a range of factors to determine the value of a wrongful death claim.

These factors include the decedent’s earning capacity, the decedent’s age, the decedent’s training, and education. Also factored are the circumstances and age of the decedent’s dependents, the value of lost benefits, funeral expenses, the decedent’s medical bills, and life expectancy.

Courts value damages in a wrongful death case on convincing evidence that we can prove with the services of expert economists, accountants, and other qualified witnesses.

Pain, Anguish, and Loss of Companionship

Another significant factor we consider when calculating damages in wrongful death suits include the value for non-financial losses like pain, anguish, and loss of financial support and companionship (even mental anguish like grief, sorrow, love, companionship, comfort, care, including sexual relations)

As noted above, damages can even be from the loss of gifts expected by the decedent’s surviving family. Damages may be hard to prove or value without a great Los Angeles, personal injury lawyer by your side.

What Ehline Law Firm Offers

Our professional attorneys will help calculate the amount that the deceased would have contributed to their loved ones’ lives with the services of a certified economist and come up with a figure that the defendant may try to dispute. Still, we are there to support you and claim this financial compensation. The judge or jurors will ultimately be responsible for determining what figure most accurately represents the future income earned by the deceased. We ensure you get a reasonable value in your California wrongful death case.

Contact an Experienced Wrongful Death Attorney for A Free Consultation Today

If you suffered the loss of a loved one due to the negligence of another, you might have the legal right to seek compensation. At Ehline Law Firm, we understand the devastation caused by the untimely and wrongful death of a loved one. Our compassionate and aggressive legal team is ready to provide you with strong advocacy and support during this difficult time. We will give you moral support, among other things. We have won several personal injury cases and wrongful death claims, and our many clients trust us. No matter the degree of the defendant’s recklessness or negligence, get free legal advice today if you’re a wrongful death victim.

Call us today and set up a free, no-risk consultation with our lawyers. We will explain your rights to recover what the decedent would have provided, what you would have expected, and how we can recover these items and get your lifestyle back together.