DOG ATTACKS


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According to the Center for Disease Control and Prevention (CDC), there are over 4 million dog bite incidents per year in the US. Of these attacks, around 800,000 require medical attention. It is estimated that between 10 and 20 fatalities occur every year due to dog attacks.

In the majority of dog bite injuries, the situations involve attacks on children, which can lead to serious infection, permanent physical and emotional scarring, as well as death.

Ohio dog owners have a responsibility to control all pets, including dogs. If a dog should attack and cause injury to a child or adult in a public space, the owner may be liable for any injuries suffered by dog bite victims. In fact, the owner may be held accountable for dog bite injuries even if the dog has not exhibited dangerous behavior in the past.

Dog bites account for about one percent of U.S. emergency department visits. Because there is a high risk of infection with dog bite injuries including tooth puncture wounds, antibiotics are regularly administered. Rabies prophylaxis may be addressed of the animal in question may be unvaccinated.

In most states like Ohio, physicians are required by law to report animal bites. But with that said, many dog bite victims do not report attacks because an injury may be minor, and a dangerous dog may have another chance to cause injury in the future.

These unfortunate events can be terrifying and traumatic, and should not be taken lightly. Dog owners, who often become complacent or neglectful, have a social and legal responsibility to control the risk their animal represents.

Joe Lyon is an experienced Cincinnati dog bite lawyer and premises liability attorney reviewing dog bite cases for plaintiffs nationwide. 


Who is Most at Risk for Dog Bites?


More than 50 percent of dog bite victims are children younger than 12. Dog bites result in more visits to the emergency room than any other youth activity.

Young victims of dog bites often require stitches, a series of rabies shots, and in serious cases plastic surgery. Dog bites are also the most common cause of injury for walking postal workers. According to the United States Postal Service (USPS), more than 5,700 letter carriers were victims of dog attacks in 2014.

Children are at highest risk for dog bites, and should not be allowed to play with unknown dogs unsupervised. Children should take the following precautions with dogs:

  • Ask if it is okay to pet someone else’s dog before reaching out
  • When approached by an unknown dog, remain motionless
  • If a dog attacks and knocks you over, curl into a ball with head tucked and your hands over your ears and neck.
  • Tell adults about stray dogs or aggressive dogs
  • Don’t run from a dog
  • Don’t disturb a dog that is sleeping, eating, or caring for puppies
  • Avoid direct eye contact with a strange dog

Who is Liable for Dog Attack Injuries?


Every dog owner has a legal obligation to prevent his dog from biting others. A pet owner’s “duty of care” is also much higher when considering children in the vicinity. But it’s not only the official owner of a dog that can be held responsible for an attack.

Three different parties, in fact, may be legally responsible for the behavior of the dog. Aside from the owner, in some cases, landlords may be held responsible if the bite or attack happens in a common living area.

A third party, a keeper with temporary control over the dog, such as a hired dog-walker or a friend may be legally responsible if a dog injures a person under their watch.


Dangerous Dog Law


A dog is deemed a “dangerous dog” if, without provocation, at any time in the past has caused injury to any person, or has killed another dog. People who keep a dangerous dog, with knowledge of its nature, can be found negligent if they do not keep the animal from injuring others. When deciding whether an owner is negligent, the law considers several questions including:

•    Has the dog previously engaged in dangerous behavior?
•    Did the dog owner have knowledge of this past behavior?
•    Is the dog’s dangerous conduct the direct cause of the injury?


Some laws state that an owner is liable regardless of whether the owner knew the dog was dangerous. In the United States, over 35 percent of households own at least one dog. In most cases, a dog present little danger, though people forget their dog has animal instincts that are not always understood.

If threatened or irritated by an owner or stranger, a dog will bite, causing dog bite injuries that may include infection, nerve damage, tissue damage and scarring


Most Aggressive Dog Breeds


Many “dangerous dogs” are of the same breed. Though dogs from any breed can be docile, loving and friendly, size is a principle contributor to personal injury and are therefore more likely to require medical attention and be reported. The following dog breeds have a higher-than-average reported attack rate:

•    Bull Terrier
•    German Shepherd dog
•    Cocker Spaniel
•    Great Dane
•    Chow Chow
•    Pit bull
•    Collie
•    Rottweiler
•    Doberman Pinscher
•    Siberian Husky


One-Bite Law


Some states have a law that relieves dog owners from liability if their dogs have previously appeared docile, and not shown violent tendencies.
However, if a dog owner’s actions directly result in a dog attack and causes injury, the owner is deemed negligent and held liable for sustained damages.


Ohio-specific Laws


Ohio has strict dog bite laws. Ohio law holds dog owners liable for every attack, including the first one. If a person is bitten by a dog in Ohio, they may be entitled to compensation from the owner, who is liable for incurred medical costs, and possibly pain and suffering damages.

If the bite forced the person to miss work, they may seek lost wage compensation. In Ohio, a victim has 6 years from the date of the bite or attack to bring legal action.


Cincinnati Dog Bite Lawyer Settlements


Most homeowner’s insurance compensates victims for dog bites. This is not uncommon. In fact, according to the Insurance Information Institute (III), dog bites account for more than a third of all American homeowner’s claims.

The average dog bite claim in 2014 was for more than $32,000. The size of settlements, judgments and jury awards given to victims has risen significantly in recent years. Contact a Cincinnati dog bite lawyer for more information.

In 2014, claims in Ohio alone totaled more than $22 million. If attack victims choose to sue negligent dog owners, the settlement sums can be significantly more than what insurance generally pays out. Listed below are a few recent examples of dog bite settlements:

•    In March, 2016, a Texas jury awarded almost $700,000 in damages to a woman bitten badly by a neighbor’s dog.
•    In April, 2016, the city of Norfolk Virginia agreed to a settlement of $200,000 to a college student after she was mauled by a municipal police dog.
•    In 2015, a dog attack case was settled for $1 million in Colorado. A woman was attacked on her mountain bike by two dogs owned by a large ranch.


Contact an Ohio Dog Bite Lawyer


Injuries sustained in dog attacks can linger long after the incident. According to the CDC, around 30,000 dog bite victims each year have some kind of reconstructive procedure. Many of these victims are adolescents, under the age of fourteen.

As a result, children are likely to live with long-term mental trauma, often into adulthood. The initial physical injuries are also known to worsen with time. Up to 18 percent of dog bites become infected. Over 60 different kinds of bacteria have been found in dog mouths, some of them quite dangerous, including:

•    Capnocytophaga spp.
•    Pasteurella (seen in over 50% of infected dog bite wounds)
•    MRSA (methicillin-resistant Staphylococcus aureus)
•    Tetanus


Dog bite injuries in Ohio are likely to spread germs and dangerous bacteria. Up to 18 percent of dog bites become infected with at least one of over 60 kinds of bacteria found in dog mouths. Dog bite injuries can cause the following diseases:

  • Rabies—Rabies is a virus that affects the brain and can be fatal once symptoms appear. Rabies virus is most commonly spread through the bite and saliva of an infected dog. Victims bitten by a dog should speak with a medical professional to see if rabies vaccination is necessary.
  • Capnocytophaga—Capnocytophaga can spread to people through dog bites or scratches.
  • Pasteurella—this bacteria seen in over half of infected dog bite wounds, and causes a painful, red infection at the bite site of the bite. May lead to swollen glands, swelling in the joints, and difficulty moving.
  • MRSA—a staph infection resistant to a certain group of antibiotics. Dogs and other animals can carry MRSA, and can cause skin, lung, and urinary tract infections in people.
  • Tetanus—a toxin produced by Clostridium tetani, and may cause paralysis in people with deep bite wounds.

It is important to note that the following medical conditions are associated with a higher risk of infection:

•    Chronic edema of the extremity
•    Diabetes mellitus
•    Immunosuppression
•    Liver dysfunction
•    Previous mastectomy
•    Prosthetic valve or joint
•    Splenectomy
•    Systemic lupus erythematosus

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A Voice for Those who have suffered 

Why are these cases important?

Serious injuries and accidents often result through no fault of the injured party, yet the injured victim suffers from life altering physical, mental and financial losses. Such economic and human losses can have devastating financial consequences on individuals and families if not properly compensated. Tort law allows those individuals to seek just legal recourse through personal injury lawsuits.

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Questions about Personal Injury Cases

What is a Personal Injury Lawsuit?

Any kind of negligence by an individual or company that causes injury or harm can lead to filing a personal injury lawsuit. The amount a plaintiff is entitled to depends on several factors, particularly how egregious the act and how serious the injury.

Personal injury attorneys generally only will take cases on a confidential and contingency fee basis, which means your lawyer will only get paid if he or she is able to reach a settlement or positive verdict. The Lyon Firm will review your case for free and assess what compensation any plaintiff can expect through litigation.

Personal Injury cases can range from minor auto accidents to complex lawsuits filed against large corporations. The Lyon Firm has handled both with equal care. Severe injury requires legal action on occasion, no matter if the injury is the result of a vehicle accident, a dog bite, a boating accident, workplace injury, defective consumer products, medical malpractice, or toxic exposure.

What is the Process?

Pre-Suit Investigation and Negotiations: Personal injury lawsuits are unique and require a thorough investigation before a lawsuit is filed. An initial investigation involves gathering all relevant medical records, accident reports, and interviews with available witnesses.  Preservation letters are drafted to notify the defendant of the case. The duty to preserve electronic evidence is critical in most cases to prevent spoliation.

Filing a Lawsuit in Cincinnati: If pre-suit negotiations are unsuccessful, then a lawsuit must be filed to preserve the statute of limitations.  Filing a lawsuit early in the process is often necessary to begin gathering evidence while the witnesses memories are fresh and documents remain available.

Once suit is filed by your personal injury lawyer, the court will set a case management schedule and the parties will begin exchanging information in the formal process of discovery. Depositions will be taken to preserve testimony for trial and to understand what certain witnesses are likely to say at trial.

Proving Negligence, Causation and Damages: In addition to lay witness testimony and other documentary evidence, personal injury claims rely upon medical and scientific evidence to prove negligence, causation and damages. The chosen expert in a case must have a reliable and sound basis in science and in the facts of the case or his opinion may not be admissible under the rules of evidence.

In the areas of Toxic and Environmental Torts, the admission of expert testimony may be scrutinized harder than in other areas simply because the subject may not have been as widely tested and may rest on novel scientific theories.

Are there any limits to what I can recover?

Each state will vary. Under Ohio law, an injured party may recover damages related to medical expenses, lost wages, property damage, loss of enjoyment of life, past pain and suffering, future pain and suffering, and punitive damages. The numerical limits are as such:

  1. Non-Catastrophic Injury:   The non-economic award is limited to $250,000 per plaintiff, or three times the economic loss, up to $350,000 per plaintiff. A maximum of $500,000 for each “occurrence.”
  2. Catastrophic Injury: No limits.

The Lyon Firm may be able to file injury claims and recover rightful compensation for clients for medical expenses, pain and suffering, lost earnings and long-term disability.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

Experience:  Joe Lyon is an experienced Cincinnati Personal Injury Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters.   Personal Injury lawsuits can be complex and require industry experts to determine the root cause of an accident or injury.  Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical Negligence, construction accidents, and auto dealership negligence casesThe cases have involved successfully litigating against some of  the largest companies in the world.

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against negligent individuals or companies to obtain just compensation under the law. 

$1,000,000

WRONGFUL DEATH: DISTRACTED DRIVER

(Brown County, Kentucky):   The Lyon Firm was second chair a case involving a driver texting and driving when he crossed the median, killing a father of four. The case was resolved once discovery confirmed the cell phone records proved the texting-related incident. The settlement will pay for the surviving childrens’ education. The driver was likely facing additional criminal charges at the time of the settlement.

$495,000

MOTORCYCLE ACCIDENT

(Cincinnati, Ohio):  The Lyon Firm was lead counsel in a $495,000 settlement. This case involved a motorcycle operator who sustained fractures of the calcaneus, talus, medial cuneiform, tarsal bones, and tarsometatarsal when a car ignored its driving lane and crossed into his right-of-way. Settlement provided repayment of medical bills of $20,000 and funds for future education to re-enter the work force in a less physically-demanding job.

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