Cook County Personal Injury Lawyer - Property Owner's Liability (Slip & Fall)

Teen suffers infection from dog bite

Barry Doyle — Sun, 26 Aug 2007 20:51:38 GMT

A 13 year old New Jersey boy was bitten by a pit bull recently while he was out going to restaurant. The pit bull was being walked by a walker when he lunged after the boy, biting him in the calf.

The boy was badly wounded as a result of the attack, with wounds requiring 146 stitches to close. More significantly, he suffered a cellulitis infection which required hospitalization.

The most obvious consequence of a dog bite attack is the wound itself. Dog bites frequently leave scars which require stitches to close and leave irregular, irreparable scars.

However, one of the significant risks of a dog bite injury is an infection. Cellulitis is the generic term for a skin infection. Dogs have many germs in their mouths, and when dogs break the skin, this creates the potential for infection.

When a cellultis infection develops, it requires significant antibiotic treatment, and if untreated, can result in significant tissue loss.

Originally posted at InjuryBoard by Barry Doyle

Pit bull attacks deputy

Barry Doyle — Thu, 26 Jul 2007 09:00:00 GMT

A Michigan sheriff's deputy was bitten recently by a pit bull when the deputy resp[onded to a call that the pit bull had attacked another dog who was chained in his yard. The deputy had to shoot the pit bull to bring the attack to an end.

The deputy suffered bite wounds to his arm which required medical attention

Most on the job injuries involve things other than dog bites -- falls, car accidents, back injuries, and reptitive trauma injuries are far more common. However, suffering a dog bite in the line of duty would also qualify this deputy for worker's compensation benefits.

There are three basic benefits that injured workers are entitled to when they suffer on the job injuries: payment of their medical expenses, two-third of their average weekly wage while they are off work, and a lump sum for permanency associated with the injury.

In addition, a person suffering a work injury as a result of an on-the-job dog bite may be able to pursue claims under the Animal Control Act for additional compensation for the injury.

Originally posted at InjuryBoard by Barry Doyle

Infant attacked by rottweiler

Barry Doyle — Sat, 16 Jun 2007 11:15:00 GMT

An 18 month old Indianapolis child is recovering after being attacked by a neighbor's rottweiler. The dog ran out of the house and grabbed the boy out of his stroller by the leg, grabbing onto the leg, and shaking the boy violently. The dog finally released the child after being beaten by a police officer who arrived on the scene.

The child suffered bite wounds to his leg.

Rottweilers are among the breeds of dogs that insurers are increasingly reluctant to cover due to the severity of the attacks that these dogs are involved in.

This attack had the hallmarks of a serious dog attck: victim was unable to defend himself; the dog bit, held,and shook; and the dog would not let go until forced to due to the intervention of a human being. Had the officer not arrived, this attack could have been fatal.

Insurers sometimes are unfair in how they offer coverage, but in this instance, they have been extraordinarly accurate in selecting the breeds of dogs that are involved in the most serious attacks.

Originally posted at InjuryBoard by Barry Doyle

Worker killed at Tribune plant

Barry Doyle — Tue, 12 Jun 2007 10:00:00 GMT

A "temporary contract worker" was killed at the Chicago Tribune printing plant two weeks ago. The worker was cleaning gears at the bottom of an elevator shaft when the elevator started.

The worker was cut in half by the machinery, resulting in instant fatal injuries.

This clearly was an avoidable accident. When people are working in an enclosed area such as this, it should be clearly and plainly marked as being out of service until the workers are out of the area of danger.

The difficult legal issue that this case presents is the status of the worker as a "temporary contract worker". This implies that he was brought into the plant by a temporary manpower agency. If that is the case, the Tribune may have the benefit of the exclusive remedy provisions of the Worker's Compensation Act.

The exclusive remedy provisions of the Worker's Compensation Act provides in essence that for on the job injuries, your sole remedy is the Worker's Compensation Act. Sometimes, employers who hire workers through temporary labor agencies have the benefit of the exclusive remedy and are considered the employer of the injured worker.

This would subject the Tribune to liability under the Worker's Compensation Act, but would shield them from more extensive liability for a wrongful death lawsuit. This is especially true since compensation under the Worker's Compensation Act is based on the average weekly wage of the injured worker. Most temp workers are poorly paid, so the liability of the Tribune for worker's compensatino benefits would also be pretty minimal.

Originally posted at InjuryBoard by Barry Doyle

Two year old mauled by pit bull

Barry Doyle — Sun, 27 May 2007 10:32:02 GMT

In Toledo, Ohio last week a two year old girl was attacked by a pit bull while she was sitting in her stroller. The pit bull was being brought out of the house by its owner. Before the owner could attach a line to the pit bull's collar, it broke free, jumped the fence, and attacked the girl.

The little girl suffered numerous bite wounds to her face.

Advocates of pit bull owners say that they are unfairly discriminated against by local ordinances that require the owners to take steps to protect the public that owners of other dogs are not required to take, such as following special enclosure requirements, attending training classes, and making sure that the dog is up-to-date on shots, etc. They say that pit bulls are inherently no more dangerous than any other breed of dog when the dog is paired with an irresponsible owner.

This story underlines the problems with that argument. The owner here was attempting to out the dog ona line inside a fenced in yard. Nonetheless, the pit bull was able to break free and jump the fence which is something that demonstrates the great strength of these animals. After jumping the fence, it attacked a little girl who was sirring in her stroller, which underlines the dangerous and unpredicatble nature of the dog.

Close regulation of pit bulls by local authorities is something that is clearly needed. The strength and power behind the unpredicatble and vicious attacks by these aninals calls for it.

Originally posted at InjuryBoard by Barry Doyle

Pit bull bites woman second time

Barry Doyle — Tue, 22 May 2007 08:30:00 GMT

A California woman who was visiting a friend was bitten by the friend's 90 pound pit bull for the second time. The woman, who had been bitten on the leg in December, 2005, realized that the dog was acting aggressively, and tried to hide in the bathroom, but the dog broke down the door in order to attack her.

The woman suffered serious injuries to her arm in the most recent attack.

The traditional rule of liability in dog bite cases is that the owner must have notice of the dangerous propensities of the animal. This is sometimes referred to as the "one bite rule", meaning that the owner is clearly put on notice of the dangerous propensities of the animal after it bites one other victim.

Originally posted at InjuryBoard by Barry Doyle

Girl mauled by pit bull

Barry Doyle — Fri, 18 May 2007 09:15:00 GMT

A visit to a friend's home tragic for a 7-year old Ohio girl last week. While she was playing in the backyard with her friend, a 7-month old pit bull owned her friend's uncle mauled the girl and did not stop attacking the girl until the friend's mother drove the animal away.

The victim lost an ear and suffered facial fractures which required the insertion of a steel plate in her cheek. The bite wounds required 100 stitches to close.

Attacks such as this are whgat distinguishes animals like pit bulls from most other types of dogs. Other dogs may snap at children and may hurt them, but few other breeds of dogs will bite and hold like pit bulls and few will continue to attack after challenged by adults. They are simply not suitable animals to have around children.

Originally posted at InjuryBoard by Barry Doyle

Woman bitten by Akita

Barry Doyle — Thu, 17 May 2007 08:30:00 GMT

A Georgia woman passing through a trailer park attempted to provide some water to a dog that was tied to a trailer and was bitten for her efforts.

The dog, an Akita, bit the woman so badly on the hand that she had to undergo thumb reattachment surgery.

The Akita is one of the breeds which insurers are increasingly reluctant to provide coverage for. Some carriers are excluding them from coverage or requiring higher premiums to cover the actions of the dogs. The reason for insurers position is underlined by this story -- there are some breeds of dogs which are especially notable for their size and power and the viciousness of their attacks, and the Akita is clearly one of them.

Originally posted at InjuryBoard by Barry Doyle

Arkansas town passes ordinance in wake of pit bull attack

Barry Doyle — Sun, 06 May 2007 18:00:00 GMT

In Van Buren, Arkansas, the town council passed a vicious dog ordinance after a woman there was attacked by a pit bull. The ordinance covers vicious dogs and requires the owners to keep the animals in chain link fence enclosure, carry $1 million in liability insurance, and have a microchip implanted in the dog.

The woman was suffered puncture wounds to her hand when she was bitten while defending her dog aganst an attack by the pit bull. The pit bull was being walked by his owner when the pit bull broke the leash in order to attack the woman's dog.

Ordinances such as this do not necessarily prevent attacks by vicious dogs such as pit bulls. However, they do have the effect of making sure that owners understand that an animal like that is not just a novelty item and ownership of a dog like that is a responsibility which should not be taken lightly.

With insurers becoming less and less agreeable to insuring animals like pit bulls, ordinances such as this may also have the effect of ensuring that only people with the resources to provide proper training for the animal buy them.

Originally posted at InjuryBoard by Barry Doyle

Series of dog attacks in Minneapolis area

Barry Doyle — Sun, 22 Apr 2007 16:20:00 GMT

There have been a series of three violent dog attacks in the Minneapolis area in recent weeks. In one a girl was attacked by a pit bull, in another, a boy was attacked by an akita, and in other a woman was nearly killed by a pit bull.

In the most recent attack, the 4-year old girl suffered severe lacerations to her scalp which required 13 staples to close.

The common thread running through these incidents is not just the violence of the attacks or the seriousness of the injuries. It is that the dogs involved -- pit bulls and akitas -- are among the breeds of dogs that insurers are requiring special premiums to insure or refusing to insure all together.

It is not often that I give credit to the insurance industry for anything, but it is pretty clear that they were on top of the numbers on this trend. Unfortunately, history is repeating itself, and the pattern of attacks which drove insurer behavior is recurring yet again with attacks by two of the breeds which insurers have identified as being responsible for aggressive and violent behavior.

Originally posted at InjuryBoard by Barry Doyle