San Diego Personal Injury Lawyer Blog

San Diego News10 reported that 21-year-old Richard Garrison and his brother John, 20, of Valley Center were viciously attacked by a pack of Pit Bulls on November 27, 2011. The dog attack happened while the brothers and three family members were jogging on a trail near Cobb Lane and Lake Wohlford. The victims' brother Jarrod was quoted as saying, "My brother [Richard] said, 'I'll take care of the dogs.' "They basically were eating him while they kept going."
Jarrod believes that Richard saved the life of his 9-yeay-old daughter who was with the group. Both victims were flown to Sharp Hospital where Richard underwent surgery. According to the San Diego County Department of Animal Services all four dogs were impounded and euthanized at the request of the owner.

Applicable California law

According to the report the dogs' owner could face criminal charges. In addition, the dogs owner will face claims for personal injury (see my prior Blog post San Diego Infant Mauled By Dogs for California law on Dog Bites). Hopefully the dogs' owner has adequate insurance or other assets to adequately compensate the victims.

A family jog turns into a nightmare as a result of a vicious attack by unsupervised dogs. Dog bites can leave the victims permanently scared both physically and emotionally. If you or a loved one are the victims of an animal attack, seek the advice of an experienced personal injury attorney.

San Diego News 10 reported that 18-year-old Miguel Rojas of Escondido was fatally injured in a hit-and-run accident on July 3, 2011. The auto accident occurred at around 2 a.m. when Miguel was leaving his aunt's house Sunday morning. As he turned left onto Washington Avenue his Dodge Caravan was hit by a 1995 Lexus traveling east on Washington, and burst into flames causing his tragic death. The driver of the Lexus 20-year-old Juan Carrillo, also of Escondido, fled the scene but was later arrested and charged with felony hit-and-run and driving without a license according to Escondido police officer Scott Walters. An unnamed passenger in the Lexus was also injured and taken to a local hospital.

Our condolences go out to Miguel's son, other family members and friends.

Applicable California law

Carrillo will face felony charges for leaving the scene of an accident resulting in injury or death (see my prior Blog post on California Hit-And-Run Law). It is not clear thus far if Carrillo is civilly liable for Rojas' death, this will depend on whether his conduct contributed to causing the accident. However, the fact that the collision caused the van to burst into flames could result in product defect claims (see my prior Blog post on California Products Liability Law). If a defect in the van caused or contributed to Miguel's death his heirs could pursue claims for wrongful death and or "survivor action" (see my prior Blog post on California Wrongful Death Damages). The fact that Miguel violated vehicle code 21804(a), which contributed to causing his death, any claims by his heirs will be reduced accordingly. The passenger in the Lexus could pursue claims for personal injury against Miguel's estate, the registered owner of the van, and potentially the owner of the Lexus as well as Carrillo.

Young drivers are at greater risk of injury or wrongful death from driving because they often do not understand the consequences of their actions. Auto accidents, motorcycle accidents, and bicycle accidents involving youthful drivers are largely the result of inattention on their part. When serious injuries or wrongful death are caused by an accident, seek the advice of an experienced personal injury attorney.

UNION TRIBUNE Reporter Pauline Repard reported that drunk driving is suspected in a fatal car accident that occurred on west bound state Route 78 on August 13, 2010 in Vista. The accident happened just west of Sycamore at around 12:30 a.m.. 23-year-old Erica Oliva of Fallbrook pulled her Nissan Altima to the side of the road because one of her passengers was getting sick. The driver along with two passengers, Susana Orozco a 23 year-old woman from Escondido, and coworker at Valley View Casino, and Omar Guzman of Oceanside, exited the vehicle just before it was hit. Omar escaped injury when he stepped away from the vehicle just prior to it being hit by a Jeep Cherokee, driven by 33-year-old Debbie Sumi of San Marcos killing the two woman and injuring 21-year-old Gerardo Cortez of Oceanside who was still sitting in the Nissan.

According to CHP officer Eric Newbury, Sumi was thrown from her vehicle, because she was not wearing a seat belt, and suffered major injuries. Her 34-year-old passenger from Orange, was crushed and killed when the Jeep overturned. "We've had a lot of fatalities from DUIs," Newbury said. "It's a tragedy. Only when something like this happens is there an outrage. All the people who died today, we can't bring them back." Sumi was arrested at the scene, on suspicion of drunk driving and felony vehicular manslaughter, before she was transported to a local trauma center.

Our condolences go out to the friends and families of the deceased.

Applicable California Law

In addition to criminal charges, Sumi will be liable for the wrongful death and personal injury to the victims and their families (see my prior Blog post for the law on drunk driving). The heirs of the driver of the Nissan, her passenger, and the passenger of the Jeep will have claims for wrongful death against Sumi (see my prior Blog post on wrongful death law). The heirs of the passenger in the Jeep might also have products liability claims against the manufacturer and distributer of the Jeep ( see my prior Blog post on products liability law). Sumi might be liable for punitive damages if her conduct amounted to gross negligence (see my prior Blog post on punitive damages). Cortez will have a claim for his personal injury, and possibly Guzman, if he was traumatized by almost being hit by the Jeep, and or if he was related to one of deceased and witnessed their death (see my prior Blog post on negligent infliction of emotional distress).

It seems that drunk drivers causing serious accidents are a daily occurrence. Drunk driving is one of the leading causes of auto accidents, motorcycle accidents, and pedestrian accidents. They usually result in wrongful death, or catastrophic injuries such as spinal injuries, causing paralyses or brain injuries. In these cases calling an experienced personal injury attorney is crucial.

THE ASSOCIATED PRESS reported that an Arizonian family's private plane crashed on August 2, 2010, at around 1:00 p.m.. The Crane family was on their way home to Scottsdale after visiting family in San Diego. The family's Velocity XL-RG6, a single engine plane, had taken off from Montgomery Field when the pilot, George Crane, radioed that a door was open and he was turning back. Crane attempted to go to Kearney Mesa airport to make an emergency landing, but crashed at the Admiral Baker Golf Course.

Federal investigators from the National Transportation Safety Board (NTSB) are investigating the accident to determine the cause of the crash, and if the plane door, discovered a mile from the crash site, was a contributing factor. Investigators will also look at other factors such as, the doors hinges, latch mechanism and if the plane was carrying excess weight. Tom Little, an air and safety investigator for the NTSB, stated that they will examine the wreckage later this month to make determinations as to the cause of the crash, and whether the door may have hit the plane's engine, and or propeller.

The tragic accident caused the death of Lori Crane and her 8-yeat-old son, Austin. George Crane and his two other children, 11-year-old Summer and 10-year-old Tia, are in critical condition at local hospitals. Our condolences go out to the Crane family and friends for their loss. We also wish a speedy recovery to the injured family members.

Applicable California Law

The Crane family will have potential wrongful death, and survivor actions against the manufacturer Velocity Inc. ( see my prior Blog posts for the applicable laws). These claims, as well as the personal injury claims of George and his daughters, will be based on products liability theories (see my prior Blog posts on products liability law). Other factors, such as comparative fault, must be considered. Was the door improperly secured before takeoff? Was the plane, which was built from a kit, properly constructed? Was the plane carrying too many passengers, or excess weight? All of these factors could affect the value of any potential claims.

The loss of life and catastrophic injury always changes the lives of the families who are touched by these tragedies. Defective products that cause plane crashes, auto accidents, motorcycle accidents, and result in wrongful death, serious spine injuries, or brain injuries, are devastating. Seeking the counsel of an experienced personal injury attorney can make the difference in obtaining justice for the injured and their families.

SAN DIEGO NEWS NETWORK reported that 60-year-old Martin Davidoff of Riverside county was severely injured with burns over most of his body resulting from a motorcycle crash on State Route 76 near Pala on May 2, 2010. According to the California Highway Patrol, Davidoff was riding his motorcycle eastbound, at around 1:30 p.m., when he rear-ended a pickup truck, which was stopped in traffic. The impact caused the motorcycles gas tank to rupture and spill gas on the road and Mr. Davidoff, subsequently a fire ignited the fuel, covering him in flames. Passers-by pulled him from the wreckage and a Pala tribal police officer, who was in the area, put the flames out with a fire extinguisher. Davidoff was airlifted to UCSD Medical Center in serious condition.

We wish Mr. Davidoff a full and speedy recovery from his injuries.

Applicable California Law

Since the driver of the pickup truck did not complain of injuries at the scene, her physical condition is unknown at this time. It is unclear as to what caused Davidoff to rear-end the pickup truck as the CHP in Oceanside is still looking for witnesses. However, the fact that the gas tank failed would lead to suspicion of a possible defect. To evaluate the merits of a potential product liability claim, a thorough investigation of the accident scene, the vehicles involved, as well as the motorcycle, must be conducted. Expert opinion would be required to determine if the motorcycle, any of its' component parts, or possibly its' design was defective. If, after a comprehensive analysis, it is determined that the motorcycle was defective Mr. Davidoff could pursue a claim for damages. His rear-ending the pickup could have been a contributing factor, which could affect the value of his claims.

Serious and sometimes catastrophic injuries are common in cases involving motorcycle accidents. Taking prompt action in gathering, preserving, and analyzing evidence is critical to being able to prove liability, causation, and damages. In far too many instances evidence is lost, destroyed, or otherwise becomes unavailable, making it hard or impossible to prove your case. This is true in most accidents resulting in serious injuries such as auto accidents, bike accidents, truck accidents and, in particular, accidents involving product liability. Talking to an experienced personal injury attorney can make the difference in preserving your options.

NORTH COUNTY TIMES Staff Writer Michael Williams reported that Carrie McKinney, a Point Loma woman in her early 20's, will loose custody of her 6-month-old son after he was mauled by two pit bulls on April 3. The attack happened when the infant was left alone in a carrier on the floor of a friend's apartment in Murrieta, according to police. The dogs tore off the child's diaper and bit his scrotum after which he was rushed to Loma Linda University Medical Center where he underwent surgery. Lance Brown, chief of pediatric emergency medicine at the hospital, stated that if the child were castrated he would require a lifetime of hormone replacement therapy and possible reconstructive surgery. "While such an injury is not life-threatening, it is massively life-altering," he said. The two dogs will be quarantined and then euthanized at the regional animal shelter in Lake Elsinore.

Applicable California Law

California Civil Code3342. (a) provides that the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.

California law imposes strict liability on the owner of a dog who injures another. Unlike most types of personal injury matters which require an intentional or negligent act, in cases involving dog attacks the owner is responsible whether or not he or she believed the dog was dangerous. In this particular instance the dogs' owner were not specifically identified however, if her friend's dogs were the ones that attacked the boy, hopefully there is adequate insurance or other resources to compensate the victim. However, the owner of the apartment building could be held liable if they knew of the dogs' dangerous propensities.

"[A] duty of care may not be imposed on a landlord without proof that he knew of the dog and its dangerous propensities. Because the harboring of pets is such an important part of our way of life and because the exclusive possession of rented premises normally is vested in the tenant, we believe that actual knowledge and not mere constructive knowledge is required. For this reason we hold that a landlord is under no duty to inspect the premises for the purpose of discovering the existence of a tenant's dangerous animal; only when the landlord has actual knowledge of the animal, coupled with the right to have it removed from the premises, does a duty of care arise." Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504

With the great number of dogs in our communities, dog attacks are more common than most people realize. Being a dog owner myself I am extremely sensitive to the need to monitor pets at all times. Even the most docile animal, given the right circumstances, can harm other animals or people, that is why constant vigilance is a necessity. Dog attacks can cause serious physical and emotional injury, but knowing who should be held responsible is not always clear. Having the benefit of personalized representation from an experienced personal injury attorney is crucial.