North County Times staff writers, Paul Sisson and Ray Huard, report that Hoa Lin, a 33-year-old postal worker in Oceanside, died on June 3, 2010 from a fatal head injury sustained when a Rottweiler attacked him while delivering mail on his route. Lin was found lying in the street on the 500 block on Stanley Street around 4 p.m. on May 25 with a severe head injury. According to his wife, Teri, he was transported to Tri-City Medical Center, where doctors put him into an induced coma to try to control the brain swelling. Lin died from “blunt head trauma,” according to the coroner’s report. The San Diego Humane Society, who handles animal control for Oceanside, euthanized the dog at the request of its owner.
Our deepest sympathy goes out to Teri Lin, her children, family, and friends.
Applicable California Law
Teri Lin, her children, and her husband’s other heirs will have wrongful death claims against the owner of the dog( see my prior Blog post regarding the applicable law relating to dog attacks, as well as damages in wrongful death cases, and cases involving work related injuries). Furthermore , they will have potential claims for damages under a “survivor action” as well as California’s wrongful death statute.
The loss of any loved one is devastating, and to be killed in the prime of his or her life, it is even more so. Teri and her three children will have to adjust to the emotional, and financial loss of their husband and father. Wrongful death, brain injuries, or work related injuries can be complex to prove. When one looses a loved one due to a tragic accident, advice from an experienced personal injury attorney can be of great comfort and benefit .