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The Dog Bite Law Bookstore :
What To Do If Your Dog Is Injured Or Killed
by Attorney Kenneth Phillips is a legal self-help book that tells a dog owner how to get reimbursed for vet bills,
and compensated for your anguish when your dog is wrongfully injured or killed.
Download immediately and use today. |
Pleadings, interrogatories, admissions, document production, a 50-topic deposition outline, and much more.
Save hours of work with Mr. Phillips'
Dog Bite Litigation Forms.
Only for plaintiffs' lawyers. Good in all states. Cheaper than the cost of typing them.
Download immediately and use today.
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Tips and tricks that cannot be found anywhere else.
Anatomy of a Dog Bite Case
is a video of Mr. Phillips' 2-1/2 hour seminar for plaintiffs' lawyers.
Learn strategies and tactics, the new causes of action, how to overcome all of the common defenses,
how to settle your case, and more. Inexpensive. Good in all states.
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Avoiding Liability When You Train,
Shelter or Adopt Out is an all-in-one self-help package for trainers, rescue groups, and shelters. Includes ready-to-use legal documents by Mr. Phillips, and his 1-1/2 hour seminar explaining everything in plain, simple language. The Q&A sessions on this DVD are fun and illuminating. Prevent trouble before it begins!
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The most famous defendant in a dog bite case has been found guilty again. Marjorie Knoller was the woman whose Presa Canario dogs savagely killed Diane Whipple in 2001. A jury in Los Angeles found Knoller guilty of every charge she was indicted for, including second degree murder. After the trial judge threw out the murder conviction, the case went back and forth on appeal. Once more, however, the courts have ruled against her. By taking her dogs out of her apartment on that fatal day, she "deliberately engaged in behavior that was a danger to human life." On that ground, her conviction was upheld, and she faces 15 years to life in prison.
For news and opinion, read The Dog Bite Law Blog on Wordpress (news and opinion), the "editorial section" of Dog Bite Law. Hard-hitting and opinionated, it covers the daily news about dogs (from killings of humans, to cruelty, to new and sometimes terrible laws for dog owners), and presents Attorney Kenneth Phillips' brutally incisive opinions about laws, mistakes and moral issues involving dogs.
The first 6 months of 2010 produced 16 fatal dog attacks. The most frequent victims were young children who were killed by their parents' own dogs. Of the 16 decedents, 11 were young children and two more were adult children of the dog owners. Family dogs killed 14 of the 16 victims.
Only three breeds of dog were responsible for all of these deaths: pit bulls (9 confirmed, 2 probable), Rottweilers (4), and a Siberian Husky. There was a reference to "sled dogs" in one case; more information is needed in that regard. The numbers exceed 16 because another case involved death by a combination of pit bulls and Rottweilers.
As opposed to prior years, the states with statutory strict liability laws accounted for the vast majority of deaths, namely 12. "One-bite" states saw three fatalities, and a "mixed law" state had one.
August 2010. On August 2, 2010, 2-year-old Aaron Carlson of San Diego, California, was mauled to death by his parents' German shepherd mix, in their home. California is a strict liability state.
On August 19, 2010, 46-year-old Tracy Payne of Macon County, Georgia, died from multiple blunt-force trauma and dog mauling at her home. Georgia is a mixed law state that requires dog bite victims to prove more than one case or cause of action against a dog owner.
On August 22, 2010, two pit bulls belonging to someone who lived on his property killed 69-year-old Jim Macedo of Calaveras County, California, in a workshop at his home. California is a strict liability state.
Two children were killed by dogs on August 25, 2010. Jason T. Walter, 7, of Marshall County, Illinois, was mauled to death by three pit bulls and a mixed breed dog. Illinois is a strict liability state.
The same day, in Iron Ridge, Wisconsin, 4-year-old Taylor Bells was fatally assaulted by a boxer that was chained to a tree, at a home that the child was visiting. Wisconsin is a strict liability state.
The USA has sustained 24 fatal dog attacks in 2010. For details (including a month-by-month breakdown of canine homicides since July 2006) see Dangerous and Vicious Dogs. There were 33 fatal dog attacks in 2007, 23 in 2008, and 33 in 2009.
Read The Dog Bite Law Blog on Wordpress (news and opinion) for information and commentary on recent death cases, plus updates on dog owner prosecutions and other legal news pertaining to dog ownership.
Plea to abolish the "one bite rule":Over the past several years, the states that give every dog one free bite have seen more fatal dog attacks. (To see which states have which laws, see Legal Rights of Dog Bite Victims. See the breakdown of fatalities and state laws at Dog Bite Statistics.)
That lone statistic supports the view that the one bite rule needs to be abolished in the USA. This old English law demands little or no vigilance on the part of dog owners. A single dog owner can own one biting dog after another, without fear of civil liability, because every dog gets that one free bite, mauling or killing. (To learn more about the deadly one bite rule, see The One Bite Rule.)
Most American states and the District of Columbia have rejected the one bite rule in whole or part because its primary effect in modern times is to prevent dog bite victims from making insurance claims for anything more than medical expenses. (See Legal Rights of Dog Bite Victims in the USA for a list of the strict liability states, plus links to their laws.) Dog bites are covered by liability insurance, such as homeowners, renters and some umbrella insurance policies, but the victim still must prove that his claim rests on legal grounds. The one bite rule makes this difficult or impossible in many cases, and therefore benefits insurance companies at the expense of the injured, who are mostly children.
There should be no right to bite. The one bite rule should be rejected in every state and country. Children in one bite states like Texas, North Carolina and Maryland are entitled to the same rights as kids in strict liability states.
For August 2010: Dog owners need to keep their dogs out of malls and restaurants, and department stores and other stores have to stop people from bringing their dogs inside. Other customers have allergies and fears; the parents of little children are shopping and not on the lookout for dogs in the aisles. Handicapped people who have a legitimate need for the help of an assistance dog are starting to face confrontations because of all the other dogs that have caused problems in public places. It is not only unfair but illegal in some places to have a dog with you. Leave him at home!
Want more tips? See the Tips Archive, containing tips from prior months.
www.dogbitelaw.com and each of its sections and products, including Dog Bite Law, The Dog Bite Law Adviser, Dog Bite Litigation Forms, What To Do If Your Dog Is Injured Or Killed, Avoiding Liability When You Train, Shelter or Adopt-Out, Anatomy of a Dog Bite Case, and the foregoing text, are (c) 1999-2010 Kenneth M. Phillips. All rights reserved. Reproduction in whole or part prohibited except where advance permission is granted in writing. Please read the disclaimer and our rules for linking and quoting. Reporters seeking interviews are welcome to contact us by clicking here. |