Runner mauled by unleashed dog (pit bull mix)
We have all seen the signs:
- Share the trail
- Obey Leash Laws
- Curb your dog
- Share the road
However, dog attack lawyer Doug Landau was recently sent an article reporting a lawsuit filed by an injured runner. The jogger was out for a run when she was attacked by an unrestrained dog. Because the animal was not on a leash, it was able to bite the jogger repeatedly. She sustained over 35 puncture wounds to her legs and arm, which if sutured, would require loose stitches, because the animal’s saliva is “injected” below the skin, which increases the likelihood of infection if not allowed to drain and be treated with antibacterial medication. The Hospital Emergency Rooms use loose stitches after animal attacks so as not to trap the germs from the animal’s mouth under the skin. This “loose stitching” is another reason why they dog attack legal team at ABRAMS LANDAU sees permanent scarring and the requirement for dermabrasion, scar revision and plastic surgery after these animal attacks.
In this particular case, the dog was a pit bull mix who had a story of aggression. The dog had attacked another dog weeks prior to the attack on the runner who filed the lawsuit. This prior attack enabled the Plaintiff’s lawyer to prove legal “Notice.” Legal Notice is required in many states before a dog bite case can move forward. Notice means the dog owner knew, or had Notice, that his pet was dangerous, because of a prior bite, attack, knock down or other aggressive behavior. In states where a prior bite or attack is required to go forwards with a lawsuit, the first victim may not be able to sue, and the dog and its owner are given “one free bite.” The so-called “one free bite rule” in these states has prevented a number of innocent victims from being reimbursed for their permanent scars and other injuries.
Doug Landau has also gone to court in New Jersey for injured dog bite victims. The law in the Garden State does not require prior Notice. In New Jersey, if the dog attacks someone, and they are not a trespasser or baiting the animal, then the dog owner will likely be successful in their personal injury lawsuit. In one of Landau’s New Jersey dog attack cases, the same dog had first attacked an elderly man on the street where Landau’s mail carrier client was bitten, and then, the same dog jumped and bit another of Landau’s clients (!). That client, a sex crimes unit officer, was bitten on her shooting arm, rendering her unable to pass the very high standards of her law enforcement unit’s firearms proficiency testing. Landau was able to succeed on all of his New Jersey client’s cases.
The Plaintiff in this case sued the County Animal Services. The injured woman who was attacked by the unleashed dog filed her lawsuit against Multnomah County, alleging that they were negligent for not impounding the dog sooner. The lawsuit alleged that the Defendants were negligent ingot sequestering the dangerous dog sooner, and thereby preventing the attack and the jogger’s injuries. If pre-trial Discovery reveals other attacks, aggressive behavior, warnings and/or citations, the Plaintiff’s case could be even stronger. Significant prior “bad acts” could lead to a case of aggravated liability, and perhaps support punitive damages. The law mandates that once the Defendants are on notice as to a dog’s dangerous propensities, they may have a legal duty to take actions to prevent further harm.
If you or someone you care about has been attacked by a dog or other animal, and there are questions about the legal remedies or procedures, please call our experienced injury team. There are important legal deadlines in these kinds of cases. Failure to follow the strict procedures in these cases can lead to your claim being barred. Getting an experienced dog attack team to help you is the first step toward getting full reimbursement for all the harms and losses you sustained from an unprovoked and unexpected dog attack.