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San Diego’s “Dangerous Dog” Laws

Written by MichaelEhline on . Posted in Dog Bite Blog.

Understanding San Diego County’s Hodge Podge of Dog Bite Laws

Although each city in San Diego has local ordinances, San Diego County has created a County-Wide dog nuisance and dangerous breed law scheme. To better understand the legal ramifications of dog bites, dog bite lawyer Michael Ehline will review the salient points from the San Diego County Department of Animal Services.

What is San Diego’s Definition of a Nuisance or Dangerous Dog?

A Public Nuisance Animal has repeatedly violated state and local laws, obstructed, damaged, or inconvenienced the community, or injured or killed another animal.

A Dangerous Dog has:

  • Attacked or bitten two people within 48 months
  • Attacked or bitten any person, causing substantial injury or death

What Duties and Obligations Exist In Case of a Dog Bite?

You must notify the County Department of Animal Services if your dog bites someone. (San Diego County Code 62.615) By law, the dog must be quarantined for ten days from the bite date, and the manner of the quarantine is at the discretion of County Animal Services. So, if this is your dog’s first reported minor bite of a person, the government may not impound your dog.

But quarantine shall be required even if your dog has a current rabies vaccination. However, you may be allowed to quarantine the dog at your home if you have a secure enclosure that will isolate the dog from other people and animals during the quarantine period. But if you fail to keep the dog separated, you can be charged with a misdemeanor, and the dog could be impounded for the remainder of the quarantine period. No matter what, the dog cannot be released until County Animal Services approves. Their animal control staff will contact you after the quarantine to see if your dog is healthy and is not showing signs of rabies.

Restrictions on Nuisance or Dangerous Dogs

  • It is obtaining and maintaining liability insurance.
  • The building or purchasing specified fencing and using certain restraints and muzzling.
  • I was getting the dog microchipped and having photo identification.
  • We are altering the dog.
  • We require a special registration and possibly other restrictions.

Furthermore, the County requires owners to keep dogs leashed at home. In addition, when away from home, owners must restrain their dogs with a leash no longer than six feet. The person must control the dog. While in a motor vehicle, the dog must be denied so that it does not hit the car or fall out. Each rule exists for a specific purpose.

So, if you remain unsure about the role of law, contact the County Dept of Animal Services. Furthermore, each dog is a unique case. The dog must be registered with the County. Hopefully, you learned more than you knew before about San Diego’s dangerous dog breed laws. To learn more about nationwide dangerous breeds and statistics, go here.

Chris Bonilla’s Lawsuit Against CalTrans: A Legal Perspective

Written by MichaelEhline on . Posted in MMA.

Bonilla Argues Negligence by the State?

It happened in Los Angeles County. Chris Bonilla was one of the best-known MMA fighters before his gruesome accident 2018. Bonilla crashed into an unmarked barrier. Bonilla claims that the California Department of Transportation did not mark the boundary properly. According to Bonilla, he traveled on the 10 Freeway in West Covina around six a.m. and pulled over to the side of the road.

The results were disastrous. According to TMZ, the former Muay Thai champ has a severe case. This caught my radar, so I wanted to expand with some thoughts from the legal profession.

Photos of the accident show the sheer extent of the damage. Doctors barely saved his leg. However, according to the MMA champ, it may eventually need to be amputated. The photos show extreme damage to his body– and from the looks of it, due to an issue that should not have existed in the first place.

From The Law Side?

Legally, it appears that CalTrans was negligent. The barrier most likely required reflective tape or mirrored reflectors, so negligent maintenance and failure to warn are definitely at issue. The state did not install them. Furthermore, the state has a higher level of responsibility than a homeowner or a small municipality.

If CalTrans had known of the defect, it would have been liable. Also, this issue is likely not isolated to this incident. Every case where CalTrans installed such defective barriers is an injury waiting to happen.

I read the publicly available information on Bonilla’s case. I don’t know every last detail. However, this appears to be relatively open and shut from a legal perspective. No one deserves to lose their leg, especially not someone involved in physical activity.

A jury will likely award some compensation for the accident. How much remains to be seen. Bonilla’s original settlement demand amount remains unknown. If you would like more information on these and similar celebrity car accidents, keep reading our series on MMA and sports injuries. We will update our site with more cases later.

MMA's Justin Thornton Bare-Knuckle Fight Death - Can Survivors Sue?

UFC Frank Camacho Car Accident Update

Written by MichaelEhline on . Posted in MMA.

A Detour in Frank Camacho’s Fighting Career – Health Update

Frank the “Crank” Camacho was set to return to action for the first time after one year away from the cage. The UFC fighter was set to face Matt Frevola in UFC 263 but got involved in a car accident, forcing the fighter out of Saturday’s fight.

On June 8th, 2021, Frank Camacho suffered injuries from a serious multi-vehicle collision on the 405 Freeway in Los Angeles. Camacho traveled from Redondo Beach to San Diego when the five-vehicle pileup occurred on the 405. As Camacho’s ’96 Tacoma pickup truck was cruising on the San Diego freeway, they heard a loud screech before a car plowed into the side of their vehicle from out of nowhere. The car hit the metal divider before it flew and landed on a nearby Ferrari, resulting in a multiple-vehicle collision.

While at the scene of the accident, Camacho complained of head, neck, and shoulder pain. Camacho was immediately transported to a local hospital, the Los Alamitos Medical Center, where medical professionals conducted a CT scan and a few X-rays.

The medical tests showed inflammation in Camacho’s ligaments in the neck. Cuki Alvarez, with him in the vehicle, reported the car crash on his Instagram, stating that Camacho suffered from a herniated disc. An MRI revealed confirmed herniation with injuries to the C7 and T1 vertebrae and no word as to whether they can be repaired or pushed back into place. Sadly, car accidents can lead to degenerative disc disease, which would kill his career.

Although the injuries were not believed to be life-threatening, Camacho pulled out of the lightweight bout to focus on recovering. He posted a photo of himself in the hospital bed on his social media account with a caption that said he was heartbroken to withdraw from his fight Saturday at UFC 263 and felt a little beat up.

Camacho wrote in the post that he appreciated the help from the medical staff, his family, friends, and his wife, Sarah and that he was grateful to have walked away from the accident in one piece. He also apologized to Matt Frevola and the UFC for any inconvenience.

He said of the accident,

“I’m absolutely heartbroken” to be forced to “withdraw from my fight.” He asserted the accident was just a “detour in my fighting,” even though it left him with a herniated disc and other injuries.

UFC 263 Fight Saturday Continued Without Frank

Frank Camacho has been out of the cage for nearly a year since losing his match to Las Vegas, Nevada native Justin Jaynes, who knocked him out. He has struggled to keep his standing. His first match after being one year away from the cage was against Brock Weaver, just a couple of months before the accident. However, UFC Lightweight Camacho had to withdraw after receiving a positive on his COVID-19 test.

After suffering from multiple herniated discs due to the accident, Camacho had to withdraw from his fight with Matt Frevola. Frank, “The Crank” Camacho, has dropped out for two out of four of his last five contests with an unsure future. Although the withdrawal shook the UFC lineup negotiations, the event continued with a new fight card entry before the contest to replace Frank Camacho.

It so happened that Frevola had to face Terrance Mckinney. Other UFC fights for the event included Nate Diaz vs. Leon Edwards, Eryk Anders vs. Darren Stewart, Alexis Davis vs. Pannie Kianzad, and many more.

Camacho was a fighter in the cage. To heal, Frank the Crank Camacho will need to be patient and resist the urge to re-injure himself by returning to fighting too soon after his multi-vehicle collision. For now, he is in good spirits. We will keep you abreast of any health update information on behalf of Frank Camacho.

Just like how an accident became a hurdle in Frank Camacho’s rise to fame, it can also affect your life more than you think. Did you suffer injuries from a multi-vehicle car accident in California like Franck Camacho? Did another’s negligence cause it?

Citations:

  • Vox Media, Inc.
  • Brok Weaver
  • MMA Junkie

Wrongful Death Examples Wrongful Death Examples

Workplace Fatality: Wrongful Death or Workers’ Compensation Case?

Written by MichaelEhline on . Posted in Death Law Blog.

Accidents occur in the office every day. Construction labor, logging, and mining are some examples of vocations that are intrinsically riskier than others.

When a dedicated worker loses their life in a fatal accident, it can be tragic. When a staff member dies on the job, the Los Angeles Workers’ Compensation system offers death payments to domestic partners, spouses, children, and any eligible alternative dependents or family members.

These benefits can often be a lifeline for surviving family members, mainly if a deceased worker was the family’s primary source of income.

What if, on the other hand, a staff member dies on the job due to a third party’s negligence? In this instance, my surviving family members pursue a wrongful death claim. What is the difference between a wrongful death lawsuit and death benefits from workers’ compensation? We address all of these concerns below.

First and foremost, you should be aware that if your domestic partner or spouse died in a working accident, you might receive workers’ compensation death benefits based on the circumstances. You can submit a wrongful death lawsuit to obtain even more money based on your loved one’s death circumstances.

A wrongful death lawyer can assist you in determining what benefits you may obtain and negotiating the best potential settlement. Without a doubt, no sum of money can bring a loved one back, but it can assist you with keeping afloat financially.

After a sad loss, the last thing someone wants is to be struggling to pay burial expenses or their bills.

Let us look closely at wrongful death claims and workers’ compensation.

Wrongful Death Lawsuit vs. Workers’ Comp Death Benefits

Workers’ compensation has a design to offer financial death benefits to employees and their dependents who get killed or injured on the job.

Several individuals are unaware that workers’ compensation is designed to prevent businesses from getting sued for injuries or fatalities on the job if the boss adds to a hazardous workplace death or environment and negligence.

This indicates that workers’ compensation rules protect bosses who breach safety regulations imposed by the Occupational Safety and Health Administration (OSHA).

Suppose third parties, for example, a general contractor, negligent appliance manufacturer, or subcontractor, were responsible for a workplace death. In that case, the surviving family members may file a wrongful death claim against the third party rather than the employer.

One exception to this regulation is if the worker’s death happened as a result of a co-worker’s careless use of a car. As a result, if someone gets killed in a work-related car accident, you should immediately contact a wrongful death lawyer from Ehline Law Firm.

Surviving family members need to show the following to file a wrongful death suit:

  • Someone else’s negligence caused a loved one’s death (such as a negligent furniture or appliance producer).
  • The families endured financial losses due to a loved one’s death and non-physical losses, including lost companionship, lower quality of life, and so on.

Compensation for an intangible loss is one feature that distinguishes a wrongful death claim from a workers’ compensation claim; workers’ compensation does not cover these expenses.

Let us look at the variations between a wrongful death suit and workers’ compensation death benefits.

What Do You Need to Know About Workers’ Compensation Benefits?

Workers’ compensation in Los Angeles is a zero-fault system, meaning that living family members do not need to show that a loved one died due to the employer’s negligence. It is usually as simple as submitting a wrongful death claim to collect death benefits. However, to receive death benefits through this system means that victims’ families relinquish their ability to sue their loved one’s company, and workers’ compensation death benefits do not compensate for intangible losses like the lower life quality or the loss of companionship.

How Do You Determine Wrongful Death Benefits?

The amount of death benefits is determined by the amount of money earned by the deceased employee before their death. Death benefits are generally equal to two-thirds, or 66.7 percent, of an individual’s income, paid weekly to qualifying and other dependents; there is a statutory minimum and maximum compensation rate, and in most cases, they allow a cost-of-living allowance.

California workers’ compensation insurance companies must also cover reasonable burial expenses and all medical expenses incurred before the work-related injury or death.

Who May File for Wrongful Death Suits?

Surviving family members previously wholly or partially reliant on the deceased worker for financial support during the time of the workplace injury or accident may receive an entitlement for death benefits.

Qualifying relatives – Certain family members are classified as total dependents, including youngsters under 18 years old and children who cannot work because of physical or mental disabilities.

Under the California workers’ comp system, surviving family members have a year to make death benefits claims. The living spouse receives death benefits until they remarry. Usually, dependents can gain death benefits until they are 18.

Some businesses award survivors a one-time lump payment rather than weekly benefits. It is critical not to hurry into the settlement; instead, speak with an experienced wrongful death attorney who may ensure the boss reasonably reimburses you.

Additional Expenses

Workers’ comp must also compensate surviving and partial dependents for medical expenses, any temporary disabilities, and permanent disability benefits accrued to the deceased person at the time of their death.

Everything You Need to Know Regarding Wrongful Death Benefits

Wrongful death lawsuits often provide far more money to a surviving family member than workers’ comp.

Wrongful death payments can cover things like:

  • Medical or other expenditures incurred by a deceased loved one and their surviving families from the time of the negligent conduct until their death, as well as death-related expenses
  • Expenses for the burial and funeral
  • Wages that the dead individual would have earned from the time of their death till retirement (Lost wages)
  • Loss of the dead person’s services, care, help, and other assets
  • Other losses (including pain and suffering)

As per California law, the statute of limitations for filing a wrongful death lawsuit is two years from the day of the worker’s death. (It is worth noting that wrongful death claims aren’t restricted to workplace malpractice cases.)

What Are the Advantages and Disadvantages of a Wrongful Death Claim vs. Death Benefits Regarding Workplace Accidents?

There are both benefits and disadvantages when it comes to filing a claim due to a work-related accident:

  • Wrongful death lawsuit: The main pro of pursuing a wrongful death lawsuit is the possibility of receiving more damages, which includes benefits for intangible losses; also, lawsuits that contain punitive damages may help deter future wrongdoing, and there are no damage caps. The most significant disadvantage is that these lawsuits might take months or even years to resolve.
  • Workers’ comp: A key benefit of submitting a death benefits claim for dead or injured workers is that you don’t have to show that a loved one’s negligence added to their death; instead, you file a claim and collect payments. The biggest downside is that you lose the opportunity to sue the loved one’s workplace for damages if you file a claim; there is also no compensation for intangible losses (for example, the loss of a life companion or lowered quality of life).

Schedule a Free Consultation With An Experienced Wrongful Death Attorney Today

If a loved one dies as a result of a work-related accident or injury, the Ehline Law Firm law offices can assist you in getting the most out of workers’ comp and determine if a wrongful death suit is suitable.

If you are unsure where to go for a wrongful death attorney, the possible components of the wrongful death complaint, or how much wrongful death legal fees cost, our friendly and charismatic professionals can assist you.

Employers are responsible for providing employees with appropriate working equipment, training, and facilities. They are also accountable for giving proper workers’ comp to the victim’s surviving dependents if they cannot respect these commitments and an employee or worker gets fatally harmed.

Ehline Law Firm’s objective is to assist surviving family members in receiving proper damages and justice. Our team values the attorney-client relationship we offer; therefore, when you obtain legal advice from our professional attorneys, you know that they act in your best interests.

Call us at (213) 596-9642 if you or a loved one suffered on-the-job injuries and want to seek fair compensation regarding a personal injury. Accidents happen at the workplace all the time; when an employee dies, it is tragic.

Our legal team is here to offer you legal representation and fight for your legal rights regarding work-related injuries and deaths.

Dangerous Breeds of Dogs: Pit Bulls

Texas Ranks 3rd in the Nation for Dog Bites: Is Texas Dog Bite Law Different from California

Written by MichaelEhline on . Posted in Dog Bite Blog.

Texas Ranks 3rd in the Nation for Dog Bites: Is Texas Dog Bite Law Different from California
Texas Ranks 3rd in the Nation for Dog Bites: Is Texas Dog Bite Law Different from California

According to State Farm Insurance, Texas ranked third in the country for the most dog bites, making it a severe threat to mail carriers and other Texan residents.

The Lone Star state had 236 dog bite claims in 2012, and insurance companies paid out $4.3 million in compensation for dog bite injuries. This puts the state next to California and Illinois, the top two states for the most payouts for dog bite claims.

Dog bites can cause long-lasting injuries and severe emotional trauma to the victim. Ehline Law and our California and Texas dog bite attorneys help injured victims fight for their rights and recover the compensation they deserve.

Contact us now to learn more about your rights as an injured victim.

Texas Ranks 3rd in the Nation for Dog Bites in a 2012 Report: San Antonio, Houston, and Dallas Makes It to the Top 15

The US Postal Service released a report in 2012 listing the top cities in the country with the most dog attacks on postal service employees or letter carriers.

A 2012 insurance report revealed concerning news that three cities in Texas, San Antonio (42), Houston (27), and Dallas (21), made the list of the top 15 cities with the most recorded dog bite incidents.

According to the US Postal Service, the most famous last words before the dog attack were “it won’t bite.”

2016 State Farm Insurance Report Reveals $3.1 Million in Payouts for Dog Bite Injuries

A much more recent 2016 State Farm Insurance report ranks Texas fifth among states with the most dog bite claims, a drop from third place.

In 2016, about 165 claims were made for dog bites, totaling $3.1 million, an average of $33,253 per claim.

Although Texas has twice the population of Illinois, it ranks behind The Prairie State for the highest number of payouts.

You may want to believe that more people mean more dog bite incidents, but that is not the case. Other factors, including the number of dogs, the severity of the bite, and the frequency of contact between dogs and people, contribute to the many attacks in a state.

Children Are the Most Vulnerable, Followed by Mail Carriers

The State Farm’s report also sheds light on the most vulnerable group of individuals, stating that children make up half of the victims of dog bites, followed by letter carriers and older people.

In 2016, 6,700 postal workers suffered from dog bite injuries across the United States, with 200 more reported attacks than in 2015.

However, if you break down the number city-wise, Los Angeles ranks number one for the most dog attacks, followed by Houston in Texas.

Texas Does Not Have a Civil Statute for Dog Bites

Unlike many states, Texas does not have a dog bite statute. However, that does not mean no one is liable for dog bite incidents in the Lone Star state.

In the 1994 case of Marshall v. Ranne, the court relied on Restatement of Torts section 509, a doctrine that holds an individual responsible for any harm caused by their domestic animal.

The doctrine allows the victim to recover compensation from the dog owner if:

  • The dog has a violent past, either biting someone or acting like it wants to
  • The defendant knew about their pet’s previous conduct.

Texas Supreme Court stated that Texas follows the one-bite rule about injuries arising from dog bites, meaning that the animal’s first bite is “free” regarding the dog owner’s liability.

After the first bite, the dog owner must be careful about their dog’s aggressive nature and take reasonable precautions to ensure that their furry companion does not bite anyone else.

The first bite is a warning, and any other incident following the first event holds the dog owner liable.

Negligence as an Alternative to the One-bite Rule in Texas

In Texas, an injured victim can use negligence law as an alternative to the “one-bite” rule.

For a dog bite claim in Texas under negligence law, the injured victim must show the following:

  • The defendant owned or possessed the dog
  • The defendant had the duty to ensure that their dog did not cause harm to others
  • The defendant breached that duty
  • The breach resulted in injuries to the plaintiff.

If there is a failure to prove any of thements of negligence law, the court will dismiss the case.

Texas personal injury laws apply to dog bites and any other injury from the inter-interacting animal.

Suppose a big dog jumps over a stranger, causing him to fall and break his wrist.

In such situations, the injured victim may pursue a lawsuit against the dog owner for the injury. However, before they can do that, they must show that the dog owners were aware of their dog’s aggressive nature and failed to take reasonable care to prevent harm.

Is There Criminal Liability for Dog Bites in Texas?

Besides civil liability, under Texas Health and Safety Code section 822.005, law enforcement officers may charge the dog owner with a felony if:

  • If the owner is aware of the risks that their dog may bite or harm someone and yet refuses to do anything about it by failing to secure the dog.
  • The owner knows that their pet is a “dangerous” dog, and the animal attacks a person outside a secure enclosure.
  • The person suffers serious bodily injuries or dies.

Defenses for a Dog Bite Claim

When an injured person pursues a dog bite claim against the negligent dog owner, they must prove that the defendant was aware of their dog’s vicious nature.

The defendant can argue that they were unaware of their dog’s dangerous propensities, which can work in their favor, especially if the owner tried their best to control the animal.

Texas is a “modified” comparative negligence state, meaning that the defendant can reduce their degree of fault and pin some blame on the plaintiff, especially if the dog bite incident took place on the dog owner’s property.

They can also argue that the plaintiff was trespassing on their property, meaning they were also partially at fault for the incident.

Schedule a Free Consultation with Ehline Law

Unlike Texas, California has strict liability for dog bites. Under the Civil Code § 3342, the law holds the dog owner strictly liable for any injuries caused to another person, even if the dog has no previous record of aggression or bites.

Pursuing dog bite claims can be challenging in California, especially if the case falls outside California’s strict liability statute. In such situations, the injured victim must present sufficient evidence proving that the dog owner was at fault.

If you suffered dog bite injuries in California, contact us at (833) LETS-SUE for a free consultation with our California dog bite lawyers, as you may qualify for compensation.