Archive for January, 2009

Charter Bus Crash Near Hoover Dam Kills 6; More than 20 Seriously Injured

A tour bus crash near Hoover Dam, on highway 93, resulted in at least 6 fatalities with over 20 of the passengers injured. Victims of this charter bus crash were taken to nearby hospitals for treatment of various injuries.

The severity of the injuries vary and several patients were transported via helicopter to University Medical Center in Las Vegas, Nevada.

We will bring you updates as we receive them. For more information on bus accidents, visit our bus accident victims information center.

Related Stories:
Tour Bus Crashes near Hoover Dam
At least 5 die as bus overturns near Hoover Dam
Fatal Tour Bus Accident on US-93
Tour van crash kills 5, injures 20 near Hoover Dam

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Santa Monica Plane Crash Victims Identified

46 year-old Paulo Emanuele and 23 year-old Martin Schaedel were killed in a single-engine plane crash on Wednesday in Santa Monica. It appears that the plane was experiencing some engine problems causing it to crash just after takeoff.

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Burn Injuries & Accidents – Burn Information and Resources

Approximately 2.4 million burn injuries are reported each year. About 650,000 of the injuries are treated by medical professionals, 75,000 of whom are hospitalized. Of those hospitalized, 20,000 have major burns involving at least 25% of their total body surface. Between 8,000 and 12,000 patients with burns die, and approximately one million sustain substantial or permanent disabilities resulting from their burn injuries. Burn injuries are second to motor vehicle accidents as the leading cause of accidental death in the United States.

There are a number of types of burns: thermal burns; friction burns; electrical burns; chemical burns; and radiation burns. Although they have many things in common, each will be discussed separately.

(1) THERMAL BURNS: Thermal burns are the most frequent type of burns and are caused by fire or excessive heat such as steam, hot liquids, or coming into contact with hot objects. In automobile collisions, there is always the risk of a ruptured gas line or impact with the gas tank that causes the vehicle to be set afire. Even when the person is removed from the source of the thermal burn, damage to his or her skin is still taking place and requires the prompt administration of first aid. Depending upon their severity, they can cause anywhere from the minor discomfort of first-degree burns to life-threatening third-degree burns. In thermal burns, as well as other types of burns, the swelling and blistering of the burned skin is caused by the loss of fluid from damaged blood vessels. In severe cases, such fluid loss can cause shock. Immediate blood transfusion and/or intravenous fluids may be needed to maintain blood pressure. Due to the damage to the skin’s protective barrier, burns often lead to infection, which if not treated promptly and appropriately can result in life-threatening consequences, even death.

Fire has been associated with three types of inhalation injuries. (Inhalation injuries also occur with different types of burns, such as the inhalation of a caustic chemical.) When inhalation injuries are combined with external burns, the chance of death increases significantly. The three types of inhalation injuries are:

Damage from Heat Inhalation: True lung burn occurs only if the person directly breathes in hot air or a flame source, or high pressure forces the heat into him or her. In most cases, thermal injury is confined to the upper airways. However, secondary airway injury can occur if a person inhales steam, as it has a greater thermal capacity than dry air.

Damage from Systemic Toxins: Systemic toxins affect our ability to absorb oxygen. If someone is found unconscious or acting confused in the surroundings of an enclosed fire, the inhalation of systemic toxins could be a possible cause. More than a hundred known toxic substances have been identified in fire smoke. Toxin poisoning can cause permanent damage to organs, including the brain. Carbon monoxide poisoning can appear without symptoms up until the point where the victim falls into a coma.

Damage from Smoke Inhalation: Smoke inhalation is frequently hidden by more visible injuries such as burns as a result of the fire. This can lead to the victim’s not receiving the necessary medical treatment due to the rescue teams taking care of the more severely burned victims whose injuries are apparent. Persons that appear unharmed can collapse due to a major smoke inhalation. 60% to 80% of fatalities resulting from burn injuries are due to smoke inhalation. Signs of smoke inhalation injury usually appear within 2-48 hours after the burn occurred. Symptoms of smoke inhalation include fainting; fire or smoke present in a closed area; evidence of respiratory distress or upper airway obstruction; soot around the mouth or nose; nasal hairs, eyebrows, and/or eyelashes have been singed; or burns around the face or neck. Upper airway edema (swelling) is the earliest consequence of inhalation injury, and is usually seen during the first 6 to 24 hours after the injury. Early obstruction of the upper airway is managed by intubation. Initial treatment consists of removing the patient from the gas and allowing him or her to breathe air or oxygen.

(2) FRICTION BURNS: Friction burns commonly occur when a person is dragged along a surface. For instance, in a motor vehicle-motorcycle accident in which the motorcyclist is dragged a ways, he or she will likely sustain friction burns caused by the asphalt or cement unless he or she was wearing protective clothing. Joggers, pedestrians, and bicyclists are at high risk for friction burns when they are injured by an automobile or other motor vehicle. When a person has been dragged in an accident, he or she usually sustains abrasion injuries as well as a friction burn.

(3) ELECTRICAL BURNS: Electrical burns occur when a person comes into contact with an exposed live wire line or other electrical source. Coming into contact with a high-voltage power source often results in limbs being severely burned, as the electricity seeks a way out of the body. With lower voltage sources, the person is unable to release his or her grasp on the power line or object, often resulting in electrocution. Besides the damage to the skin, electrical burns can affect the internal organs as well.

(4) CHEMICAL BURNS: Chemical burns are caused by acids and other caustic substances, many of them found in household cleaning products.

(5) RADIATION BURNS: Radiation burns are caused by exposure to the sun, tanning booths, sunlamps, X-rays, radiation treatment for cancer, and nuclear medicine.

The severity of burns has traditionally been described in terms of degree. First-degree burns are the most shallow (superficial), and affect only the top layer of the skin, the epidermis. First-degree burns are red, moist, swollen, and painful, and may result in peeling and in severe cases, shock. Second-degree burns extend into the middle layer of the skin, the dermis, and often affect the sweat glands and hair follicles. Second-degree burns are red, swollen, and painful, and develop blisters that may ooze a clear fluid. The skin may be white or charred, and the person may go into shock. If a deep second-degree burn is not properly treated, swelling and decreased blood flow in the tissue can result in the burn becoming a third-degree burn. Third-degree burns involve all three layers of the skin—the epidermis, the dermis, and the fat layer—and usually destroy the nerve endings as well. In third-degree burns, the skin becomes leathery and may be white, black, or bright red, with coagulated blood vessels visible just below the skin surface. There is usually little pain with third-degree burns, as the nerves have been destroyed, but the victim may complain of pain. The pain is usually due to second-degree burns. Healing from third-degree burns is very slow due to the skin tissue and structures having been destroyed. Third-degree burns usually result in extensive scarring. There are also fourth-degree burns, which involve damage to muscle, tendon, and ligament tissue. The categorization of burns in terms of degrees is being phased out in favor of one reflecting the need for surgical intervention. The new language refers to burns as superficial, superficial partial-thickness, deep partial-thickness, and full-thickness.

Burns are classified as minor, moderate, or severe depending upon how they are expected to heal and whether complications are likely. Medical treatment should be sought immediately if the burn is larger than the palm of your hand or is a third-degree burn.

Twenty-five years ago, persons who had suffered burns over 25 percent of their bodies were likely to die of their injuries. Today, advances in medicine make it possible to save many victims who have been burned over 90 percent of their bodies. Of course, these survivors will have long-term impairment, disability, scarring, and disfigurement and may never get back to leading a “normal” life. When the burn damage is due to another person’s negligence, that person must compensate the victim for all of his or her injuries, physical and emotional. Over half of serious burn victims are now treated in the approximately 200 hospitals or clinics specializing in burn treatment. Many hospitals now have trauma teams that are specially educated in the treatment and management of burns.

As burns heal, scars develop. There are three major types of burn-related scars: keloid, hypertrophic, and contracture. Keloid scars are an overgrowth of scar tissue that grows beyond the site of the burn, are generally red or pink at first, and will become a dark tan over time. They occur when the body continues to produce collagen, a tough fibrous protein, after the wound has healed. Keloid scars are thick, nodular, ridged, and itchy during formation and growth. Extensive keloids may become binding and limit the person’s mobility. Additionally, clothing rubbing or other types of friction may irritate them. Dark-skinned people are more likely to develop keloid scars than those with fair skin,and the possible occurrence of keloid scars reduces with age. Keloid scars may be reduced in size by freezing (cryotherapy), external pressure, cortisone injections steroid injection, radiation therapy, or surgical removal.

Hypertrophic scars are red, thick, and raised, but unlike keloid scars do not develop beyond the site of injury or incision. Additionally, hypertropic scars will improve over time. This time can be reduced with the use of steroid application or injections. A contracture scar is a permanent tightening of skin that may affect the underlying muscles and tendons that limit mobility and possible damage or degeneration of the nerves. Contractures develop when normal elastic connective tissues are replaced with inelastic, fibrous tissue. This makes the tissues resistant to stretching and prevents normal movement of the affected area. Physical therapy, pressure, and exercise can aid in controlling contracture burn scars in many cases. If these treatments do not control the effects of contracture scars, surgery may be required A skin graft or a flap procedure may be performed. The doctor may recommend a newer procedure, such as Z-Plasty or tissue expansion.

There are two major types of surgical procedures that can help to conceal scarring and replace lost tissue for severe burn victims, dermabrasion and skin grafts. Dermabrasion is a surgical procedure to improve, smooth, or minimize the appearance of scars, restore function, and correct disfigurement resulting from a burn injury. Even with dermabrasion, scars are permanent but their appearance will improve over time. Dermabrasion may be performed in a dermatologist surgeon’s office or in an outpatient surgical facility.

A skin graft is a surgical procedure in which a piece of skin from one area of the person’s body is transplanted to another area of the body. Skin from another person or animal may be used as temporary cover for large burn areas to decrease fluid loss. The skin is taken from a donor site, which has healthy skin and implanted at the damaged recipient site. Skin graft and flaps are more serious than other scar revision surgeries such as dermabrasion. They are usually performed in a hospital under general anesthesia. Depending on the size of the area and severity of the injury, the treated area may need six weeks to several months to heal. Within 36 hours of the surgery new blood vessels will begin to grow from the recipient area into the transplanted skin. Most grafts are successful, but some may require additional surgery if they do not heal properly.

The success of a skin graft can usually be determined within 72 hours of the surgery. If a graft survives the first 72 hours without an infection or trauma, the body in most cases will not reject the graft. Before surgery, the recipient and donor sites must be free of infection and have a stable blood supply. Following the procedure, moving and stretching the recipient site must be avoided. Dressings need to be sterile and antibiotics may be prescribed to avoid infection.

For many severely burned persons, skin grafts using their own health skin is not possible because they have very little healthy skin or they are not strong enough for the surgery, in which case other sources of skin must be used, such as cadaver skin or animal skin. The body will reject both of these options within a few days and the surgery will need to be performed again. A synthetic product called Dermagraft-TC is made from living human cells and it is being used instead of cadaver skin. The FDA has approved Dermagraft-TC and two artificial “interactive” burn dressings for use in treating third-degree burns. Unlike traditional bandages, some new dressings promote wound healing by interacting directly with body tissues. Other substitute skin products may become available soon. In addition to artificial skin is cultured skin. Doctors are able to take a postage-sized piece of skin from the patient and grow the skin under special tissue culture conditions. From this small piece of skin, technicians can grow enough skin to cover nearly the entire body in just three weeks.

Serious burns are one of the most expensive catastrophic injuries to treat, and can have lasting physical disability and emotional damages. For instance, a burn of 30% of total body area can cost several hundred thousands of dollars in initial hospitalization costs and physician fees. For extensive burns, there are additional significant costs such as the cost of multiple admissions for reconstruction and for rehabilitation. Scars may heal physically but they remain visible and last emotionally. Hence, it is of utmost importance that if you have been severely burned due to another person’s carelessness, you retain an experienced personal injury who understands burn injuries and can help you get full compensation for the physical and emotional trauma associated with the burns.

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Santa Monica Plane Crash Leaves 2 Dead

This evening, a single-engine plane crashed after take-off from Santa Monica airport. It appears that there were only 2 passengers aboard the small plane, which has been identified as a Marchetti SF-260 and registered to Wingspan Inc.

Witnesses report seeing the plane crash at the end of the runway and bursting into flames. The National Transportation and Safety Board is on scene and is investigating the crash. The plane crash took place at 5p.m.

More updates as we get them.

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Brain Injuries & Accidents

A person who suffers a blow or jolt to the head (a closed head injury) or a penetrating head injury may frequently develop a condition that disrupts the function of the brain, known as a traumatic brain injury (“TBI”). TBI is a leading cause of death and disability in the United States. Each year, 1.4 million people sustain a traumatic brain injury. 50,000 of those die from the TBI, 235,000 people are hospitalized, and 1.1 million people are treated and released from an emergency room. The injury may be relatively minor, such as a mild concussion or a brief period of unconsciousness, or it may be severe, such as a lengthy period of unconsciousness (i.e., a coma) or amnesia after the injury.

Each year, 80,000 to 90,000 people will sustain a long-term disability as the result of a TBI. The Centers for Disease Control and Prevention estimate that at least 5.3 million Americans currently have a long-term or lifelong need for help to perform activities of daily living as a result of TBI.

The leading causes of traumatic brain injury are falls, motor vehicle accidents, being struck by or against an object, and assaults by another person. TBI need not be caused by a blow to the head; a violent jolt of the head such as one might experience in a rear-end automobile collision (“whiplash”) may result in serious brain injury. In a violent collision, the head snaps forward and the brain hits the front of the skull; then the head snaps backward and the brain hits the back of the skull. These impacts can cause serious brain injury. Shaken-baby syndrome is an example of a serious brain injury being inflicted without a direct blow to the head. Even in this age of advanced medicine, there is no cure for a TBI. Recovery from a brain injury depends on the brain’s “plasticity,” that is, the brain’s ability for other areas of the brain to take over the functions of the damaged areas, to “rewire” itself.

If you have suffered a blow or jolt to the head, it is important that you get medical evaluation and treatment as soon as possible. There are some new drugs and procedures available today that can help to limit the “secondary” damage caused by swelling of the brain. However, these procedures are effective only when administered soon after the injury is sustained.

Traumatic brain injuries are classified into three categories: mild, moderate, and severe:

Mild Traumatic Brain Injury – A person with a mild TBI is one who has had a traumatically induced physiological disruption of brain function as manifested by any period of loss of consciousness and/or confusion and disorientation less than 30 minutes and/or posttraumatic amnesia (loss of memory for events immediately before or after the accident) or confusion of not more than 30 minutes. Mild traumatic brain injury is the most common TBI and is often missed at the time of the initial injury. 15% of people with mild TBI have symptoms that last one year or more.

Symptoms common to mild TBI include fatigue, headaches, visual disturbances, memory loss, poor attention and/or concentration, sleep disturbances, dizziness and/or loss of balance, irritability, feelings of depression, and, rarely, seizures. Other symptoms associated with mild TBI include nausea, loss of smell, sensitivity to sound and lights, getting lost or confused, and slowness in thinking. Sometimes the cognitive symptoms are not readily identified at the time of the injury, but instead may show up as the person returns to work, school, or housekeeping. Friends and colleagues may notice changes in the person’s behavior before the injured person realizes anything is wrong.

Moderate Brain Injury – Brain injuries are classified as moderate when the Glasgow Coma scale (a measure of various functions, altertness, responsiveness, and such) is between 9 and 12, and with a loss of consciousness at least 20 minutes to six hours and/or posttraumatic amnesia of greater than 30 minutes but less than 24 hours and/or a skull fracture.

There may be long-term physical or cognitive deficits as a result of a moderate TBI. Much will depend on the type and location of the specific injuries to the brain. Rehabilitation will help to overcome some deficits and help to provide skills to cope with any remaining deficits.

Severe Brain Injury – A severe brain injury is one with a Glascow Coma Scale score lower than 9 and accompanied by a loss of consciousness of more than 6 hours or posttraumatic amnesia lasting more than 24 hours. Severe brain injuries are life-threatening. If the person lives, he or she will typically be faced with long-term physical and cognitive impairments. The range of the deficits can vary widely from a vegetative state to more minor impairments that may allow the person to still function independently. The person will require extensive rehabilitation to try to overcome some of the deficits and earn strategies to cope with others.

Cognitive deficits associated with moderate and severe TBI include difficulties with attention, concentration, distractibility, memory, speed of processing information, confusion, impulsiveness, language processing and “executive functions.” Executive functions refers to the complex processing of large amounts of intricate information that we need to function creatively, competently and independently as beings in a complex world. Thus, after injury, individuals with TBI may be unable to function well in their social roles because of difficulty in planning ahead, in keeping track of time, in coordinating complex events, in making decisions based on broad input, in adapting to changes in life, and in otherwise “being the executive” in one’s own life.

Speech and language difficulties due to a moderate to severe TBI include not understanding the spoken word, difficulty speaking and being understood, slurred speech, speaking very fast or very slow, and problems with reading and writing. Sensory problems include difficulties with the interpretation of touch, temperature movement, limb position, and fine discrimination. The person with moderate to severe TBI may have partial or total loss of vision, weakness of eye muscles and double vision, blurred vision, problems judging distance, involuntary eye movements, and intolerance of light. Physical changes include paralysis, chronic pain, loss of control of bowel and bladder, sleep disorders, loss of stamina, changes in appetite, regulation of temperature, and menstrual difficulties in women. Moderate to severe TBI can cause a wide range of functional changes affecting thinking, language, learning, emotions, behavior, and sensation. TBI can also cause seizures and increase the risk for such conditions as Alzheimer’s disease, Parkinson’s disease, and other brain disorders that become more likely as the person grows older.

One of the most common problems among people who sustain a TBI is fatigue. Studies of people with TBI found that between 37% and 98% of them said they had some type of fatigue. There are three types of fatigue: (1) Physical fatigue, feeling tired and the need to rest; (2) Psychological fatigue, in which the person can’t get motivated to do anything; and (3) Mental fatigue, in which you can’t concentrate after a while and find it hard to stay focused.

Physical Fatigue – this is due to muscle weakness and can come from having to work harder to do things that were easy before the TBI. This include things like dressing, working around the house, even walking. Physical fatigue tends to get worse in the evening, after a busy day, but tends to get better after a good night’s sleep. Often, physical fatigue will get better as you become stronger, more active and get back to your old life.

Psychological Fatigue – psychological fatigue comes with depression, anxiety, and other psychological conditions. This type of fatigue gets worse with stress and usually is not helped by sleep. Psychological fatigue is often at its worse in the morning. To treat psychological fatigue, it is necessary to find its cause. For instance, if the psychological fatigue is due to depression, medication and therapy may be necessary to help treat the condition. Major depression in the general population runs at about 5 or 6%; of persons that have suffered a TBI, that number increases ten-fold, so that 50 to 60% of persons who suffer a TBI also experience a depressive episode. Anxiety seems to occur in twice as many people who suffer a TBI than in the general population. The anxiety may take to form of posttraumatic stress disorder, in which the person has “flashbacks” in which they relive the event, to the development of phobias, in which the person experiences dread centered on a specific situation, such as being in a car or elevator, or flying. Persons who experience a mood disorder such as depression or an anxiety disorder, such as PTSD, a specific phobia, or generalized anxiety, may need to be given appropriate psychiatric medication and undergo months, even years, of psychotherapy.

Mental Fatigue – mental or “cognitive” fatigue after a TBI makes it hard for the person to think or concentrate. The more the person has to concentrate, the more mentally fatigued he or she may become. This happens because the TBI forces the person to concentrate harder to do tasks that used to be easier. Working harder to get dressed or walk can make the person physically tired, and working harder to stay focused can make the person mentally tired In some people, mental fatigue causes them to be irritable; others have headaches. Mental or cognitive fatigue is the type of fatigue that the least is known about of the three types of fatigue associated with TBI.

A TBI may cause the person to have a seizure, a change in behavioral state that results from abnormal activity in the brain. The occurrence of a seizure due to some acute precipitating physiological disturbance does not mean that the seizure will ever happen after the precipitating cause has resolved. When seizures occur without any obvious cause, then the person may be considered to have epilepsy. In a personal injury accident, a seizure is more likely to occur due to brain trauma, especially “open” or penetrating wounds to the brain.

The long-term effects of TBI depend on a number of factors, including the severity of the initial injury, the rate and completeness of physiological healing, the types of functions affected, the meaning of dysfunction in the person’s life in the context of his or her roles, values, and goals, the resources available to aid in the recovery of function, and other factors. Most spontaneous improvement from a TBI occurs within the first month after a brain injury. Some additional gains may occur over the next three to six months. The long-term effects of a TBI are different for every person. Some may experience only subtle difficulties, while others will have moderate dysfunction, while to still others the TBI may be life-threatening.

Persons who sustain a moderate-to-severe brain injury usually experience problems in basic cognitive skills: holding their attention, concentrating on the tasks at hand, and remembering newly learned material. They may think, speak, and solve problems solving. They may be confused easily when normal routines are changed, they may persevere at tasks too long, being unable to switch to a different tactic or a new task when encountering difficulties. On the other hand, some victims of a TBI may jump at the first solution they see, substituting impulsive responses for considered actions. They may be unable to go beyond a concrete appreciation of situations, to find abstract principles that are necessary to carry learning into new situations. Their speech and language may be impaired: word-finding problems, understanding the language of others, and the like.

With TBI, the systems in the brain that control our social-emotional lives often are damaged. The consequences for the individual and his or her significant others may be very difficult, as these changes may imply to them that “the person who once was” is no longer there. Thus, personality can be substantially or subtly modified following injury. The person who was once an optimist may now be depressed. The previously tactful and socially skilled negotiator may now be blurting comments that embarrass those around them. The person may also be characterized by a variety of other behaviors: dependent behaviors, emotional swings, lack of motivation, irritability, aggression, lethargy, being very uninhibited, and being unable to modify behavior to fit varying situations.

Any of the ways we have of sensing/perceiving may be affected by TBI. Vision may be affected in many ways: loss of vision, blurred visual images, inability to track visual material, loss of parts of the field of vision, reduced depth perception, and sometimes disconnection between visual perceptions and visual comprehension, so that the person does not now what he or she is seeing. Changes also may occur in the sense of hearing, smell, taste, and touch; the individual may become overly sensitive or insensitive. Further, the person my have difficulty sensing the location of his or her own body in space. Other individuals with TBI may have recurring problems with balance, vertigo, and ringing in the ears.

The severity of the injury and the resulting direct effects on the individual’s body systems may not predict the amount of impact in a person’s life. This follows because each of us draws in different ways on differing parts of our brains For example, a severe injury to the frontal brain area may have less impact on an agricultural worker’s job performance than a relatively mild frontal injury would have on a physicist’s work. In sum the meaning of the various patterns of injury and the associated damages in any person’s life will depend on pre-injury lifestyle, personality, goals, values, resources, as well as the individual’s ability to adapt to changes and to learn techniques for minimizing the effects of brain injury.

It has been suggested that “recovery” is a misnomer and that “improvement” better describes what happens in the long run after TBI. The word recovery suggests that that the effects of TBI will disappear, while the reality of the situation is that improvement is all that can be expected in most, if not all, cases. With TBI, some of the effects may truly disappear after a couple of years or more, but more frequently these long-term changes linger on—subtly or not so subtly—changing only slowly, if at all, over the course of the person’s life. Brains do not heal like broken limbs, and everybody’s brain is different. Although they may superficially appear alike, no two brain injuries are the same and the consequence of two similar traumatic brain injuries may be vastly different.

If you or a loved one has suffered a traumatic brain injury due to another person’s carelessness – such as an automobile accident caused by another person’s inattentiveness or a slip and fall on a store’s slippery floor – it is important that you promptly seek representation by a personal injury law firm experienced in this type of injury. Monetary damages you are entitled to receive when you have sustained a traumatic brain injury include all of your medical and rehabilitation costs, lost wages because you were unable to return to work, and loss of enjoyment of life due to your impaired condition.

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Dog Bites and Animal Attacks in California – Your Legal Rights

Over 4.7 million people are bitten by dogs annually, with 800,000 of them bitten seriously enough to require medical attention. Each year, roughly 370,000 victims go to the emergency room for treatment of injuries due to being bitten by a dog. Section 3342 of the California Civil Code makes the owner of a dog legally responsible (“liable”) for all damages suffered by any person who is bitten by the dog while in a public place or legally in a private place. The owner can be held liable for injuries from a dog bite even if they occur on the dog owner’s own property, if the person who is bitten was lawfully upon the property, such as in the performance of his or her lawful duty. Persons falling in this category would be the postal carrier delivering the mail or a gas company employee reading the meter, among others. The dog’s owner is also liable for any bites by the dog while on his or her property if the person was on the dog owner’s private property by the express or implied invitation of the owner.

In earlier times, it was necessary to prove that a dog had a propensity to bite humans and the dog’s owner knew or should have known of this. Thus, the first time the dog bit anyone, the injured victim usually couldn’t recover for his or her injuries as there was no history of the dog’s propensity to bite humans. This was known as the “first bite free” rule. Now, however, the Civil Code expressly states that the dog’s owner is liable to any person bit by the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. The dog’s owner is “strictly liable” for all of the dog’s bites (unless he or she has a valid defense), the first bite included.

If a dog has bitten a person, the dog’s owner must take reasonable steps as are necessary to prevent the dog from biting other persons. If a dog has bitten two people on separate occasions, an action may be brought against the dog’s owner to determine whether the conditions of the treatment or confinement of the dog since the bites have been changed to remove the danger of other persons being bitten. In such an action, the judge may order the removal of the animal from the area or even its destruction.

Although Civil Code section 3342 imposes liability against the dog’s owner for its bites, it does not mean that the dog’s owner cannot raise any defenses that may cut off or reduce his or her liability. For instance, if the person was pulling the dog’s tail, kicking it, or otherwise annoying it, leading to the dog biting him or her, the person may be banned from recovery or the amount of his or her recovery may be reduced under the legal doctrine of “comparative negligence.”

Young children are the most common victims of a dog bite. Children are especially vulnerable to being bitten by dogs because they do not understand the danger involved when a person approaches a dog, even if they have petted or played with the dog before without incident. Note that, generally speaking, a child under the age of 4 is generally considered by the law to be incapable of being comparatively negligent. So if the child is bitten or mauled by the dog, it is no defense that the child may have been teasing the dog, pulling its tail, or otherwise harassing the dog. Whether an older child is capable of understanding the risks involved in approaching a dog, petting it, pulling its tail, and so forth, is determined on a case-by-case basis.

A veterinarian, kennel operator, or his or her employees generally is barred by the “veterinarian’s rule” from suing under Civil Code section 3342 the owner of the dog for bites or other injuries inflicted by the dog while under their care. According to the veterinarian’s rule, a veterinarian or other person who by his or her profession works with dogs and other animals is held to have assumed the risk that he or she may be bitten or otherwise harmed by the animal. Nonetheless, an experienced dog handler who stopped along the road to assist in the treatment of a dog that had been hit by a car was not barred by the veterinarian’s rule, as none of the normal elements of a veterinarian-animal owner relationship applied. The dog handler did not voluntarily contract with the animal’s owner to render veterinary or other services to the dog and thus was not prevented from recovering for his injuries when the dog bit him.

However, if the dog’s owner (or owner of any domestic animal) knew or should have known of the dog’s vicious propensities, but fails to inform the veterinarian, veterinary assistant, kennel owner/operator, or their employees of the dog’s viciousness, the person injured by the dog or other domestic animal is not necessarily barred by the doctrine of assumption of the risk, since he or she could not be found to have assumed a risk of which he or she was unaware. In such a case, liability against the dog’s owner is not predicated on Civil Code section 3342 but rather on the common law, which requires that the owner knew or should have known of the vicious propensities of his or her dog. Applying the common law, if it was the first time the dog had ever bitten anyone or displayed aggressive behavior, the owner would not be liable for the injuries inflicted by the dog. But if the dog had bitten others or engaged in other aggressive conduct, and its owner knew or should have known of this, yet failed to warn the veterinarian, kennel operator, groomer, or their employees of this vicious propensity, the owner can be held liable under the common law for failing to warn the veterinarian, etc., of the danger posed by the dog.

It is not necessary for the dog to break the skin and inflict a wound to be considered a bite. Thus, a painter who fell off a ladder and sustained injuries could recover under Civil Code section 3342, where the dog bit his leg, which was covered by blue jeans. The court stated that if the dog’s jaws clamped upon a plaintiff’s trousers so that a part of the plaintiff’s leg was between the jaws, a bite occurred, notwithstanding the fact the dog’s teeth were separated from the plaintiff’s flesh by cloth. The court also noted that, arguably, even if the dog did nothing more than seize the jeans within its jaws and pull, causing the plaintiff to fall and suffer injury, the owner of the dog would be liable for the plaintiff’s injuries.

Note that Civil Code section 3342 applies only to the owner of the dog. If, for example, the dog was under the temporary care of someone other than the owner, it will be necessary to prove that the dog had a propensity to bite people and that the person knew or should have known of this dangerous propensity.

Let’s say that you are walking down the street and a playful dog comes bounding toward you and jumps on you, knocking you to the ground, causing a broken limb or hip or head injuries. Most cities and counties have laws requiring dogs to be on leashes and under the control of their owner or walker when off the owner’s or caretaker’s property. The fact that this is the first time the dog has ever done something like this is no defense. The failure to have the dog on a leash, resulting in the dog’s causing injury, is called in law “negligence per se.” It is not a defense to a violation of the leash law that the dog is trained to obey verbal orders or hand signals.

In one case, a plaintiff who had been riding a scooter when a dog, left unleashed and unattended in violation of a local ordinance, collided with him, knocking him to the ground where he suffered serious injuries. In holding the dog owner liable for violating the leash law, the court stated: “The ordinance forbids the owner to allow his dog to be at large, except upon a leash. In our great, metropolitan area, it is no longer possible to enjoy many things which were part and parcel of human life in earlier times, and still are in suburban and rural communities. Whatever may be said about the affection that mankind has for a faithful companion, modern city conditions no longer permit dogs to run at large.” It is not necessary for the owner to know that his or her dog has a propensity to run at large, chase bicycles, or jump on strangers.

A leash ordinance is designed to protect the public from dogs running at large and where the violation causes injury to a person, he or she may recover for his damages against the owner. An ordinance forbidding owners to allow their unleashed dogs to be on pubic property imposes a “private duty” to prevent unleashed dogs from being present. The ordinance is violated even where there is no proof that the owner intentionally or willfully caused the dog to roam loose. The requirement that a dog must be kept on its owner’s property or on a leash is violated by any owner of a dog not so confined. A dog owner is in violation of a local leash ordinance when the dog is allowed to exist on public property without a leash, by failure of the owner to take the necessary action to prevent such an occurrence.

A landlord generally is not liable for the injuries inflicted by his or her tenants’ dogs (or other animal), unless the landlord has actual knowledge of the vicious nature of the tenant’s dog. The landlord’s duty of reasonable care to the injured third person depends on whether the dog’s vicious behavior was reasonably foreseeable. Without knowledge of a dog’s vicious propensities, a landlord will not be able to foresee the animal poses a danger and hence will not have a duty to take measures to prevent the attack. The requirement of the landlord’s actual knowledge can be satisfied by circumstantial evidence the landlord must have known about the dog’s dangerousness as well as direct evidence that he actually knew. In addition to knowing the dog’s dangerousness, the landlord must have the ability to prevent the foreseeable harm.

A landlord has no duty to inspect for a dog’s presence. Even if fence repairs, barking, and the presence of a “beware of dog” sign is circumstantial evidence that the landlord knew the dog was present, there was no evidence the landlord knew of the dog’s vicious propensities. Loud barking and jumping above a fence are characteristic canine activities, and do not provide evidence that the landlord had actual knowledge of vicious propensities. But if the landlord knows of the vicious propensities of the dog and has the ability under the lease to order them removed or to terminate the lease altogether, the landlord may be held liable for allowing the dangerous dogs to remain on the property without doing anything about it. For instance, if the landlord knows that tenant on a month-to-month lease has a dangerous dog, the landlord may be required to give the tenant notice either to get rid of the dog or, if that fails, give the tenant notice of termination of the lease.

Dog bites can range from a superficial bite that does not break the skin to a fatal mauling by the dog. In many cases, particularly young children, the dog attacks the victim’s face, inflicting severe and disfiguring injuries. Almost 80% of injuries to children bitten by a dog are to their face, neck, and head. Even a small dog can inflict serious injuries on a defenseless child. The dog may go after the arms and torso of a victim who is trying to protect himself or herself. In many cases, it will be necessary to get a tetanus shot, and if the dog is not current with its rabies shots, the dog will have to be quarantined until it can be tested. In the meantime, the victim will have to undergo a series of painful anti-rabies injections to ward off the disease.

Monetary damages that are recoverable in a dog bite case include medical expenses, including reconstructive surgery and damages for disfigurement, lost wages or loss of earning potential, pain and suffering, and property damage. More information on the types of damages that can be obtained in a personal injury case are discussed in the Damages You Can Receive Information Center. If the person is killed by the dog, then other damages may also be recovered. These are discussed in the Wrongful Death Information Center.

If you have been seriously injured or a loved one killed by a dog’s bite or mauling or other attack, it is important that you promptly retain an experienced personal injury law firm to represent you. The attorney will want to start a prompt investigation and gather evidence of the incident, including getting statements of witnesses while the event is still fresh in their minds.

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Property Damage in Accident Cases

You are entitled to recover monetary damages for all of the property damage caused by the other party’s negligence. The measure of damages is determined by the fair market value of the property at the time and place immediately before it was damaged or destroyed. In the case of a motor vehicle accident, you are entitled to receive compensation for the cost of repairing your vehicle to the condition it was in before the accident. If it will cost more to fix your car than your car is worth, you are only entitled to receive the value of your car. You are also entitled to recover monetary damages for any and all objects, clothing, equipment, etc. that was in your car or that you were wearing that was damaged or destroyed in the accident. The general measure of determining damages is what a willing buyer would pay to a willing seller for the property immediately before it was damaged or destroyed.

Occasionally what happens in an automobile accident is the cost of repairing the car is more than what the car is worth, but the car is worth less than you owe on it. Thus, if your car is worth $10,000 but it would cost $13,000 to fix it, you are only entitled to receive $10,000. This is true even if the current balance on your car loan is more than $10,000. If you owe $12,000 on the vehicle, but its fair market value is only $10,000, you are still on the hook to the finance company for the $2,000.

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What is Pain and Suffering?

Monetary damages for “pain and suffering” often make up a considerable amount of a settlement or a jury’s award in a personal injury case. It is shorthand for the physical and mental or emotional pain and suffering that a person experiences after being in an accident caused by another person. Unlike lost wages and medical expenses — which can usually be determined to a reasonably certain amount—it is much harder to put a monetary figure on pain and suffering. Every person has a different threshold of pain and suffering, and what one person may be able to brush off as insignificant and a nuisance may be disabling to another person.

Physical pain can range from the mild discomfort of a few bumps and minor bruises to the excruciating pain of a severe burn or severed limb; physical pain may last only a short time or it may last a lifetime. Mental or emotional suffering includes a wide range of factors, including fright at the time of the injury, apprehension as to its effects, nervousness and anxiety, headaches, loss of enjoyment of life, shock, nausea, insomnia, loss of appetite, development of fears and phobias, posttraumatic stress, outrage, grief, worry, mortification, and, in the case of someone who was disfigured because of another person’s negligence, embarrassment, ridicule, and humiliation.

Traditionally, physical pain has been easier to prove and more acceptable to the courts and juries than mental suffering. However, with the advances in psychiatry and psychology, juries have begun to understand that the emotional damages suffered by a person are often more severe in the long run than are the physical injuries.

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Medical Expenses Covered in Personal Injury Cases

When you have been injured due to another person’s carelessness (“negligence”), you are entitled to receive monetary damages for all of the medical costs and expenses you incurred as a result of the accident. For instance, if paramedics were called to the scene, you were transported to the hospital in an ambulance, and you were treated in the emergency room, where they performed diagnostic tests such as X-rays and a CT scan, the party that injured you must pay all of these expenses. Follow-up visits with your regular doctor are included, as are the costs of any specialists you must treat with.

If because of your injuries you require a lengthy hospital stay and intensive treatment, the person that injured you is liable for all of those expenses. If your injuries will require one or more operations in the future, the party that injured you must pay for them. If you have to undergo extensive physical or occupational therapy, the party that injured you must cover those expenses as well.

If, say, you lost a limb in the injury, the other party must pay all expenses relating to the cost of the artificial limb (prosthesis) and your expenses in learning how to use it. If you suffer soft tissue injuries, you are entitled to be paid for the costs of the specialists or chiropractors that treat you. Medical expenses include medical equipment (such as braces, a wheelchair, or oxygen) that you may be required to use, as well as prescription and over-the-counter drugs that are required to treat your medical condition.

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Lost Wages Defined in Personal Injury Cases

Lost wages are designed to compensate you for the money you would have earned working had it not been for the accident and ensuing disability. Basically, the amount of lost wages is the time off from work due to the accident. If you are paid by the hour, then your damages for lost work is for the hours you were off work due to the accident and time off to see the doctor, physical therapist, and other specialists or health care providers. If you miss out on overtime hours that you would have worked had you not been injured, you are entitled to recover damages for those lost wages as well. Of course, the lost hours and overtime will have to be documented by your boss or supervisor. If because of the injury you will not be able to return to your old job but must work in a lower-paying job, you are entitled to recover the difference between what you would have made had you not been injured.

If you are a salaried employee, the amount of your lost wages is measured by the amount of salary you lost because of your injuries, as well as any bonuses that you would have received based upon your previous performance. If you worked on commission, your track record would be looked at to determine how much you are entitled to as lost wages. If you are self-employed, you generally are permitted recovery of lost earnings only if you have been in business for more than a year; less than that and the law considers the damages too speculative.

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