A man and the dog he was walking were both injured seriously enough to require medical attention after they were attacked by two dogs on Friday evening near the intersection of Figueroa Drive and Casitas Avenue.

Ken Hayashi, a neighborhood resident, told Patch he was walking an elderly neighbor’s dog that he regularly helps with and never saw the animals coming.  He said the dogs that attacked him were two pit bulls that are usually locked behind a gate near his home.  Hayashi said he never saw them coming.

“The dogs came from behind and they surprised the heck out of me,” Hayashi said.

Lt. Duane Allen of the Los Angeles County Sheriff’s Department confirmed that deputies were called to the scene and that Hayashi was transported to the hospital following the attack, which took place around 6:30 p.m. on Friday.

Hayashi said he is now feeling OK, but did need stitches in several areas where he was bitten.  The dog he was walking, a dachshund mix named Sammi Jo, had serious punctures to her neck which required stitches.  A photo of her injuries can be viewed above.

According to Hayashi, the owners of the dogs have given the animals over to the Animal Control Department since the attack.  A department spokeswoman was unable to find record of the dogs or the attack when contacted by Patch, but said she would continue to try to find out more about the dogs.

Lois Todd, a neighbor of Hayashi’s who brought the attack to the attention of Altadena Patch, said she has been concerned about aggressive dogs in her neighborhood for a long time.

Todd, a dog owner herself, said she feels like the neighborhood is not a good place for smaller dogs.

“It seems like there is a pit bull at every house,” Todd said.

Todd brought Sammi Jo to a clinic in Eagle Rock following the attack.  She said the dog is a rescue and is nervous around people, which made it hard for the vets to take care of her wounds.  She said Sammi Jo had two wounds on her upper neck and back that needed to be drained, as well as punctures in the ears.

Todd said she was unhappy with the response of the Sheriff’s Department, and wished someone had taken away the attacking dogs immediately following the incident.

Lt. Allen said department policy with dog attacks is to contact Animal Control and have them handle the dogs.  He said the department will intervene if they witness an attack, but if the dogs are secure behind a gate, as the attacking dogs were by the time deputies got to the scene, then they contact Animal Control to follow up.

Sometimes that can take several hours or longer, Allen said.

Hayashi said his understanding is that the pit bull owners contacted Animal Control to have the dogs taken away.

Additionally, Hayashi said he was unhappy with comments that deputies on the scene made to him when they arrived: he said that the first thing the deputy said was to ask him if he spoke English or not.  Hayashi, who is Asian-American and was born in California, said he took offense, especially because he was bleeding and clearly needed medical attention.

Hayashi said he has not filed a complaint with the Sheriff’s Department, and Allen said he has no record of anyone in the neighborhood filing a complaint about how the department handled the incident.

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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