A Pit Bull terrier and its person, a 28-year-old Benicia man each face possible charges after the dog attacked another dog and a person at the Southampton Shopping Center Tuesday evening around 7:15.

The Pit Bull was wearing a harness but was not on a leash when the attack occurred according to Lt. Mike Daley of the Benicia Police Department.  The Pit Bull’s owner had gone into the Superstop to make a purchase and had asked a woman in the vicinity to hold the dog.  While the man was in the store the Pit Bull spotted an Airedale terrier being walked by a 69-year-old Benicia man.

The 18-year-old woman holding the Pit Bull was unable to restrain the animal and it attacked the Airedale.  The Airedale’s owner tried to separate the dogs and suffered dog bites to his right thumb and his right leg near his knee .  The Airedale suffered bites to the neck and ears.

The female could not hold the Pit Bull as it took off to attack the other dog. The victim attempted to stop the attack on his dog by the Pit Bull by separating the dogs.

“The 28-year-old Benicia man then exited the store and separated his dog from the Airedale and the victim,” said Daley.  “The 28 year-old-male then quickly entered his truck with his dog and drove from the area.”

The victim was transported via ambulance to an area hospital for treatment of his thumb and knee bites. The victim’s dog is at a Veterinary Hospital and received treatment for the injuries to its neck and ear.

“Later in the evening, Benicia Police located and stopped the 28 year old male in his truck,” said Daley.  “He agreed to surrender his dog for quarantine.

At this time, Benicia Police and our Animal Control Officer are investigating the incident to determine the extent of any criminal negligence in this incident.  No arrests or citations have been issued at this time pending the completion of the investigation.

Chapter 6 of the Benicia Municipal Code states the dogs must be on a “substantial leash, no longer than 6 feet” when they are in any part of the city except places designated as off leash area or in their yards.  It also states, “A person who owns or keeps an animal and who allows, permits or causes the animal to be at large in or upon a public street, sidewalk, park, or other public property, or in or upon the premises or private property of another person, shall be guilty of a misdemeanor if the animal bites, attacks, or causes injury to any human being or other animal.”

The Pit Bull is currently in quarantine for 10 days at the county dog shelter.  If the city decides to hold a Dangerous Dog hearing the dog will be quarantined an additional 30 days.

Police were unable to give a status report on the condition of the Airedale’s person but did report that the dog is expected to survive.

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 occured; 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.

2011 statistics

• 31 U.S. fatal dog attacks occurred in 2011. Despite being regulated in Military Housing Areas and over 650 U.S. cities, pit bulls led these attacks accounting for 71% (22). Pit bulls make up less than 5% of the total U.S. dog population.2
• Notably in 2011, adult victims of fatal pit bull attacks more than doubled the number of child victims. Of the 22 total pit bull victims, 68% (15) fell between the ages of 32 to 76, and 32% (7) were ages 5 years and younger.
• The year 2011 also marks an increase in pet pit bulls killing their owners. Of the 8 total instances this year in which a family dog inflicted fatal injury to its primary caretaker, the dog’s owner, 88% (7) involved pet pit bulls.
• Together, pit bulls (22) and rottweilers (4), the number two lethal dog breed, accounted for 84% of all fatal attacks in 2011. In the 7-year period from 2005 to 2011, this same combination accounted for 73% (156) of the total recorded deaths (213).
• The breakdown between pit bulls and rottweilers is substantial over this 7-year period. From 2005 to 2011, pit bulls killed 127 Americans,3 about one citizen every 20 days, versus rottweilers, which killed 29; about one citizen every 88 days.
• Annual data from 2011 shows that 58% (18) of the attacks occurred to adults (21 years and older) and 42% (13) occurred to children (11 years and younger). Of the children, 62% (8) occurred to ages 1 and younger.
• 2011 data also shows that 39% (12) of the fatal incidents involved more than one dog; 26% (8) involved breeding on the dog owner’s property either actively or in the recent past, and 6% (2) involved tethered dogs, down from 9% in 2010 and 19% in 2009.
• Dog ownership information for 2011 shows that family dogs comprised 65% (20) of the attacks that resulted in death; 74% (23) of all incidents occurred on the dog owner’s property and 29% (9) resulted in criminal charges, up from 15% in 2010.
• The states of California and Texas led fatalities in 2011, each with 4 deaths; pit bulls and their mixes contributed to 88% (7) of the 8 deaths. North Carolina, New Mexico, South Carolina and Virginia each incurred 2 deaths.
• 2011 Fatal Dog attacks by breed
  

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