Pit Bulls Maul Elderly Man

A 70-year-old Fresno man is resting at home with more than 40 stitches on his arms and hands after two pit bulls attacked him.

70-year-old David Loy is thankful to be alive.

David Loy says, “I have 40 stitches in my body… 28 in this one and 12 in this one.”

Friday afternoon, Loy was walking to the store.

He was just a half block from his home, when two pit bulls jumped out of a yard.

David Loy says, “I had one hanging on my arm while I was trying to swing the other one off. One had my hand and just ripped it to pieces. I ended up getting 40 stitches for people being careless with their animals.”

Fidencio Ibarra heard the screams.

He risked his own life to save the man.

Marina Ibarra says, “My dad he just got a stick, because he’s a landscaper and used one of the sticks to save the guy.”

Loy is thankful for his help.

David Loy says, “If it wasn’t for you I’d be dead by now.”

Police say officers arrived and then the pit bulls started going after them.

Officers shot one of the dogs five times with bean bag rounds, and shocked it with their stun guns just to stop it.

The owner of the pit bulls says his dogs got out through a hole in the fence.

The dogs’ owner, Eric Hamed says, “I feel so sorry for the man that got bit. I didn’t know my dogs were like that.”

However, Fresno police say they’ve been called out to the home before because of the dogs.

Neighbors agree and say they have attacked before.

Neighbor Maria Venegas says, “They have a history, they attacked my neighbor’s dog, and they attacked the dog behind they broke the fence in the back, and they attacked the dog that lives behind too.

Loy has this message for the dogs’ owner.

David Loy says, “If you have a vicious dog out there, vicious dogs, keep them locked up or keep them on a chain.”

Victim of a Dangerous Dog Bite? Our Law Firm Can Help

If you’ve been injured by a dangerous dog, you already know about the frustrations caused by dog bite injuries. Medical bills, lost wages, and other expenses pile up fast. On top of all this, you need time to focus on your physical and emotional recovery.

Don’t let your dog bite injuries get the best of you. The sooner you contact our dog bite law firm, the sooner you can focus all your energy on your successful recovery while we handle the hassles of the legal system.Get in touch with us today by taking advantage of our free legal evaluation.

Dog Attacks and personal injury liability

CALIFORNIA DOG BITE STATUTE SECTION 3342

Under California Law, it is no longer necessary for the Plaintiff to prove that the dog was known to be vicious or had a propensity to bite.  One bite alone is sufficient for liability.  Dog owners do not get a second chance in California.  They are liable for any injury their animals cause regardless of whether the animal had bitten anyone previously.  Under California Dog Bite Statute Section 3342 the Plaintiff must prove in a dog bite case the following:

  • Defendant owned the dog;
  • The dog bit the Plaintiff;
  • The Plaintiff was lawfully on the premises (express or implied consent to be on the premises) where the bite occurred; and
  • Plaintiff sustained injuries from the dog bite.

What You Should Do If You Or A Loved One Has Been Bitten By A Dog:

  • Take pictures of your injuries immediately;
  • Consult law enforcement and request that a police report be made;
  • Keep copies of all medical bills and records;
  • Continue to take pictures of the bite(s) as the wounds heal;
  • Be sure that your doctor is qualified and determine if you are a candidate for plastic surgery to get rid of the scarring;
  • If an adult who is employed sustained injuries and lost wages, keep a record of economic loss.

WE WILL FIGHT FOR YOU!

Demand accountability from dog owners.  Settling dog bite claims can be difficult and complex.  Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a case.  We at the Law Offices of Gary A Kessler have 20 years of litigation experience and we know how to handle the insurance companies.  We are prepared to front all of the costs required for the necessary investigations and expert witnesses needed to prepare your case for trial.  Are the other law firms you are considering willing to front all costs?

In a dog bite case, we advance all legal costs to prepare and present our client’s claim, and receive a percentage of the settlement or verdict  of what we recover for our attorney’s fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorney’s fees or costs are owed to our firm.  Thus, in all personal injury cases, our fees are recovered as a percentage of any settlement or verdict awarded to our clients.

Contact the Law Offices of Gary A Kessler today so that we can preserve the evidence and demand compensation and accountability from the responsible parties who caused you or your family member catastrophic injuries!

If you or a family member sustained serious dog bite injuries contact the Law Offices of Gary A Kessler, an experienced law firm, immediately to protect your legal rights and preserve the evidence.

California Dog Bite Injury Liability Under  California Civil Code 3342: “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 owners knowledge of such viciousness.”
After a dog attack such as this, the injured party (or his representatives) would be well advised to speak with an experienced California dog bite lawyer about the incident and their legal rights to hold the owner of the dog accountable for all expenses as well as pain and suffering as a result of the dog attack.

 

2011 Dog Bite Statistics

  • There were 31 fatal dog attacks in theUnited Statesin 2011, according to DogsBite.org.
  • Over half of the attacks occurred to adults ages 21 and older, while 42% occurred to children 11 years and younger. Of the children killed in dog attacks, 68% occurred to children ages 1 and under.
  • Twelve of the fatal dog attacks involved more than one dog, and two of the attacks involved tethered dogs.
  • Family dogs made up 65% of the fatal attacks. Nearly three-quarters (74%) of the attacks occurred on the dog owner’s property.
  • Pitt Bulls accounted for 71% of the attacks. However, Pit Bulls make up less than 5% of the totalU.S.dog population.
  • There were more than twice as many adult fatal dog bite victims as child victims in 2011. Still, seven children ages 5 and younger died after being attacked by a Pit Bull.
  • Seven Pit Bulls killed their primary caretaker or owner.
  • Rottweilers were the second-most lethal dog breed. Four people were killed by this type of dog in 2011.
  • Between the years of 2005 and 2011, Pit Bulls killed about one person every 20 days. Rottweilers killed about one person every 88 days.
  • The states that had the most fatal dog attacks in 2011 wereCaliforniaandTexas. Other states with deaths includedNorth Carolina,Virginia,New Mexico, andSouth Carolina.

Child Dog Bite Statistics

  • Of the 4.5+ million people injured annually in dog bites and attacks, children make up 60% of these victims.
  • Children ages 5-9 are the most commonly injured, according to the American Veterinary Medical Association.
  • About 30% of children’s dog bites come from family dogs.
  • About half of children’s dog bites come from a neighbor’s dog.

Dangerous Dog Breed Statistics

Analyzing a sampling of press accounts fromCanadaand theUSAduring 1982-2007, researchers pinpointed the dog breeds that are most likely to cause death or serious injury. This research study concluded that, unlike any other breed of dog, Pitbulls attacked adults almost as often as they attacked children. The researchers found that Pit Bulls, Rottweilers, and Wolf-Dog Hybrids combined to account for:

  • 77% of attacks that caused bodily harm to the injured dog bite victims.
  • 73% of attacks that harmed children.
  • 83% of attacks that injured adults.
  • 70% of attacks that resulted in death.
  • 77% of attacks that maimed the dog attack victims.

Another study looked at data obtained from incidents where victims were mauled by dogs during 1982-2006 and found that Pit Bulls, Rottweilers, Perro de Presa Canario, and their mixes caused 65% of the dog bite deaths during that time period in theUnited States.

Some sources claim that the six types of dogs commonly identified as the most dangerous or vicious dog breeds are Akitas, Chow-Chows, Doberman Pinschers, Pit Bulls, Rottweilers, and Wolf-Dog Hybrids.

Another study looked at a selection of 88 dog attacks from 2006-2008 in theUnited States, with results ranging from recoverable injuries to death. Of those incidents, it was found that:

  • Pit Bulls, Rottweilers, and American Bulldogs were responsible for 77% of all deaths.
  • Pit Bulls were responsible for 59% of all deaths.
  • Pit Bulls killed more adults than children.

Dog Bite Victim Statistics

  • Out of the almost five million people bitten by dogs every year in theUnited States, close to 900,000 require medical attention. Nearly 400,000 of those people are seriously injured by dog bites.
  • Over 31,000 people underwent reconstructive surgery in 2006 due to dog attacks.
  • People are most often harmed by dogs that they live with. As the number of dogs kept in the home increases, so does the risk of dog bites. Adults living with two or more dogs are five times more likely to be bitten by a dog than those without dogs at home.
  • Adult males are more likely to be bitten by a dog than adult females.
  • Some studies have found that, among all ages of children, the rate of dog bite accidents is highest for those between the ages of 5-9.
  • Children are more likely than adults to require medical attention for their dog bite injuries.
  • In theUS, the most frequent victims of dog bite attacks are:
  1. Children
  2. The Elderly
  3. Postal Service Carriers
  • Dog bite victims account for as much as 5% of all emergency room visits in theUnited States.

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Gary Kessler, California Personal Injury Lawyer Disclaimer: The California personal injury, wrongful death, swimming pool drowning, boating accident, dog bite, amusement park negligence, pedestrian accident, product liability, aviation accidents, or any other California legal information presented at this site should not be construed to be formal legal advice, nor the creation of a lawyer or attorney client relationship. The information contained herein is intended for information purposes only and should not be considered legal advice. All results described on this site were based on the individual facts of those said cases and are not indicative of future settlements. Results will differ from case to case. Please contact Gary A. Kessler, a California lawyer at our California law firm offices in Newport Beach or our San Francisco Bay Area office.

The Law Offices of Gary A. Kessler are licensed to practice in California, District of Columbia & Pennsylvania. Through local law firms with which we have associations, we are able to represent Personal Injury and Wrongful Death cases across the United States. Our associations allow us to represent clients"pro hac vice", meaning "for this particular occasion". In order to effectively and efficiently represent the client in these cases, we will employ the local law firms (at no additional cost to our client) to make routine court appearances and proceedings where it is necessary to assist our clients case.