Dog Statistics

According to a 2011-2012 APPA National Pet Owners Survey 62% of U.S. households own a pet. Of those homes with pets, there are 46.3 million homes in the United States with a least one dog. The Centers for Disease Control reports that more than 4.7 million people are bitten by dogs each year. The CDC also reveals that of those 4.7 million people, 800,000 of them seek medical treatment for those bites and half of those seeking treatment are children. There are more than 386,000 people that require medical treatment in an emergency room from dog bite injuries. Sadly, 16 people die each year from dog bites in the United States. Children are the most at risk for injury, specifically those children between the ages of 5 to 9. About 2/3 of the injuries to children ages 4 and younger are to the head and neck region.

Insurance Payouts

According to a press release by State Farm Insurance, one of the nation’s largest home insurers, they paid more than $109 million on about 3,800 dog bite claims nationwide in 2011. The Insurance Information Institute (III) estimates that nearly $479 million in dog bite claims were paid by all insurance companies in 2011. In California alone there were 527 State Farm dog bite claims and 20.3 million dollars in payouts.

California Strict Liability Law

Under the scenario where the child is bitten by a dog while trick or treating, the dog owner is liable for any injuries caused by the dog. Under California Civil Code § 3342 a dog owner is strictly liable for injuries caused by their dog. That means that even when the dog is normally gentle and calm, when that calm easy going dog bites someone, the owner is on the hook for the damages caused by their dog. There are few exeptions and limited defenses. But at the end of the day, the dog owner would be liable if their dog bit a trick or treater, and that is the point of this blog post.

Halloween Tips For Dog Owners

• Keep dogs indoors and away from the front door where trick or treaters knock
• If you want to have your dog near the door to greet visitors, keep them on leash
• Keep a firm grip on the leash; many dogs are frightened by people in costumes
• Many dogs will run after trick-or-treaters so be sure to put up a gate to prevent escape
• Place your dog in a quiet room especially if you dog is aggressive or is anxious
• If the animal is very high-strung, consult your vet about tranquilizing for the night
• Give the dog a new chew toy to keep them occupied
• Play music or leave a TV or radio playing in the dog’s room to help mask Halloween sounds
• Close drapes so that the dog does not see people coming and going through the window
• Try to watch and anticipate trick or treaters so they don’t ring your door bell or knock on the door

Tips For Trick or Treaters

In addition from taking precautions at home to prevent your dog from biting trick or treaters, it is equally important that you take precautions to prevent dogs from biting your own children. The main thing to remember is that Halloween can make dogs unpredictable so children should be aware of that fact. Here are some additional tips:

• Teach children never to run from a dog who approaches them, especially when they have a Halloween costume on
• Carry both a flashlight and pepper spray while out with children trick or treating
• Never let children trick or treat without a responsible adult
• Teach children never to walk into someone’s home on Halloween no matter how inviting

Following the tips listed in the article are helpful hints that can keep your dog and your children safe. If you or someone you know is bitten by a dog, whether on Halloween or not, the bite victim should immediately seek medical attention. After seeking medical treatment the bite victim or their family should contact Modesto dog bite attorney Tai C. Bogan at The Bogan Law Firm, A Professional Corporation for aggressive representation.

The name of the child was not released nor would it be blogged here anyhow. In any event, local news outlets such as the Stockton Record and News 10 in Sacramento have reported two children were in the back seat of a Ford Fusion which was hit from behind by a two truck traveling the same direction on Eastbound Highway 4. Once child, a toddler was killed and the other was placed in critical condition as of Friday night. The California Highway Patrol has also reported that the tow truck driver was not under the influence of drugs or alcohol. The tow truck company is out of Manteca, California, which is located between Modesto and Stockton.

This accident will surely lead to a civil liability on behalf of the two truck driver and the company for whom he works. In light of this tragic event, it is still important to review the legal principles behind accidents such as this.

Negligence

Again as written in previous blog entries, negligence is the failure to exercise the care that a reasonably person would under the same circumstances. The question is whether the driver of the tow truck acted as other drivers would under the same circumstances. To prove the tow truck driver civilly liable under a negligence theory the plaintiff must prove (1) The driver owed a duty to other drivers (2) The driver breached this duty (3) The case of the accident was the driver’s breach of this duty and (4) The plaintiff sustained injury.

Under the facts known here, there was some type of traffic jam on Highway 4 in Stockton. The tow truck driver although traveling under the speed limit, still ran into the back of the Ford Fusion, containing the two children. An ordinary prudent driver would have slowed in time to avoid a collision. This is especially true since the driver was from a local company and should have been away of the frequent traffic jams on this particular stretch of highway. Even if he or she was unaware of the usual traffic jams on this highway, a prudent driver would not hit someone from the rear anyhow. The driver of a car who hits another car from behind is almost certainly held civilly liable for damages. This theory of rear end collisions is almost common knowledge.

Vicarious Liability

If readers remember from previous blog entries, then they will remember that vicarious liability is when one person is held civilly liable for the wrongs that are done by people who they direct or control. The most common example of vicarious liability is with the employer-employee relationship.

Under this theory of liability, employers can be held liable for their employee’s wrongdoing when the employee is acting “within the scope of employment.” There are several questions the law tries to answer when determining whether the person acting was acting as an employee or as an individual. (1) Did the conduct occur during the time limits of the employment? (2) Did the conduct occur within the space limits of the employment? (3) Was the individual serving the needs of the employer? (4) Was the conduct which caused the harm something that the employer hired the employee to do?.

Here, the tow truck driver was driving a tow truck on a highway near the location of his company. It would be assumed that Manteca tow trucks would be driving in this area as it is within a 10 minute drive of Manteca. In addition, the driver was driving during the day time on a highway, which suggests the driver was doing exactly what he was hired for. Although the company may have a different version of events, it is going to be difficult for them to wiggle out of being liable for their employees action.

News Sources
Stockton Record
News 10 – Sacramento

For any questions or comments contact The Bogan Law Firm, A Professional Corporation