North Carolina Personal Injury Lawyer Blog

Silvia Lugo, a recent North Carolina resident, now living in Elgin, IL, has been fined $2,200 by the City of Elgin and her two pitbulls have been declared "dangerous dogs."

Lugo's dogs became loose and chased a man lawfully walking his dog. That man happened to be Elgin mayor, Ed Schock. The animal control law in Elgin allows for a dog to be declared dangerous even if it doesn't bite anyone. The law also allows owners to be fined $1,000 if a dog is declared dangerous, and another $100 if the owner cannot immediately provide proof of a current rabies vaccine. In addition to the $1,100 per dog fine that was issued to Lugo, she is also required to obtain a minimum of $100,000 in liability insurance, register her dogs, muzzle the dogs when outside, and have them microchipped.

In North Carolina, a "dangerous dog" is one who has killed or severely injured a person without provocation, or has been declared a dangerous dog by the county. Once a dog in North Carolina has been declared a dangerous dog, the owner of the dog is strictly liable for any injuries to person or property inflicted by his dog. In Mecklenburg County, the owner of a dangerous dog may be required to contain the animal in a secure fence, purchase liability insurance, install warning signs on property, muzzle the dog when off property, and tattoo the dog to identify it as dangerous.

Our North Carolina dog bite attorneys are available to provide a free consultation for victims of dog bites.

Our Charlotte, North Carolina dog bite attorneys want to remind you of the dangers of contracting the rabies virus, whether by being bitten by a wild animal or even your own dog or cat. It is important to keep your pets rabies vaccination current, and never try to pick up a wild animal, no matter how adorable it might be.

Brunswick County, NC just reported its third confirmed case of rabies for this year. Animal Control reports that a kitten in Calabash was attacked and killed by a rabid raccoon. Three other cats that had come into contact with that same raccoon had to be euthanized as they lacked valid rabies vaccines. A dog in Calabash was also euthanized the same day after being bitten by a rabid fox which has not yet been caught.

Signs & Symptoms of Rabies

Rabies is a virus that attacks the central nervous symptoms, and, without prompt treatment, is always fatal. According to the Center for Disease Control (CDC), the initial symptoms are much like flu symptoms-irritability, headache, fever, and fatigue. As the disease progresses and the brain begins to swell, more severe symptoms develop, including delirium, seizures, paralysis, and, ultimately, death.

Treatment

Immediately after being bitten by any animal, it is important to thoroughly cleanse the area with soap and water. After the bite has been cleansed, seek medical attention. Your medical provider, in conjunction with your local animal control or health department, will determine whether you will need a rabies vaccination.

Contrary to popular belief, postexposure rabies treatment does not consist of a series of injections into the stomach. Rather, one injection of immune globulin is administered in the arm, followed by four doses of the rabies vaccine, in the arm, over a two week period.

A teenager, who witnesses say could not swim, drowned Saturday in a public pool in High Point, NC. It is unknown why the 17 year old Anthony Hayes was in nearly 13 feet of water when it has been reported that he was unable to swim.

North Carolina law requires that there be a minimum of 24 square feet of water surface area, per person, in areas of the pool that are deeper than 5 feet. Investigators also report that there were 5 lifeguards on staff at the time of the incident. One of the lifeguards noticed the teen under water in the deep end and he retrieved the teen and immediately started CPR.

The American Academy of Pediatrics (AAP) reports that drowning is the second leading cause of death in children ages 1 through 19, with toddlers and teenage boys being the highest risk. The AAP recommends that children above the age of 4 learn how to swim.

Our North Carolina attorneys are familiar with the laws governing both public and private swimming pools.

Shortly before Charlotte, North Carolina schools let out for the summer, the Center for Disease Control (CDC) will bring the danger of being bitten by a dog into the national spotlight as it promotes National Dog Bite Prevention Week from May 17-23. Since children between the ages of 5 and 9 are the people most likely to be bitten, and they are about to be released from school, this event is particularly timely.

The CDC reports that of the 4.7 million Americans that will be bitten by dogs this year, 20% will be bitten badly enough to require medical attention, and over 30,000 will have to undergo reconstructive surgery for those bites.

Protecting Your Child From The Family Dog

Since children are more likely than adults to be bitten by dogs, and people (children and adults) who have dogs in their home are more likely to be bitten by dogs than those who don't have dogs in their home, the American Veterinary Medical Association (AVMA) has come up with some suggestions on how to protect your child from being bitten by a dog.

-As a pet owner, carefully research a dog's breed before selection and consult with a vet to discuss issues such as behavior, health, and whether the breed is appropriate for your family
-AVMA recommends waiting until children in the household are older than 4 years of age
-Do not place dog/puppy in situation where it feels threatened or teased; do not play excitable games such as tug of war
-Keep dog/puppy under control with the use of a leash when in public
-Stay up-to-date on dogs vaccines

As a parent and the owner of several dogs, I would add the following:

-Teach your children that an animal, even the family dog, is unpredictable, and you NEVER KNOW what an animal is going to do

Protecting Your Child And Yourself From Attack

The AVMA recommends the following tips to prevent or stop a dog attack:

-If a dog is eating, sleeping, or nursing its puppies, leave it alone
-Do not run past a dog, they may become excited or aggressive
-Do not try to pet an unfamiliar dog, especially through or over a fence
-Stand still if a dog approaches you to sniff you
-Assume the fetal position with your hands over your head and neck and fingers tucked in if you are knocked to the ground

If You Are Bitten By Someone Else's Dog

We recommend that you immediately seek medical attention. As soon as you are able, contact local police. Provide Animal Control with as much information as they can so they can try to determine whether the biting dog was current on its vaccines. Contact an experienced dog bite attorney to learn your options.

The federal Pool and Safety Act went into effect in December 2008, yet hundreds of pool owners in North Carolina have still not complied with the law, and are at risk of having their pool closed. The federal law applies to public access pools, and state regulations that mirror the federal law have also been enacted.

These laws apply to public pools as well as those in hotels, gyms, apartment complexes, and subdivisions. They provide safety guidelines that require, among other things, that said pools be equipped with drain covers that prevent jewelry, hair, fingers, and toes from being sucked into a drain.

According to the NC Division of Environmental Health, as many as 1,000 pools statewide might be closed. Mecklenburg County has already received more than 1,000 public pool permit applications. While most have already been approved, some permits that were granted are now being revoked and pools are being closed, as random inspections are finding that the required changes were not actually made. Mecklenburg County Health Department will continue to conduct random inspections, and will close pools where necessary.

The Consumer Product Safety Commission reported 83 entrapments involving swimming pool drains from 1999 to 2008. Of those entrapments, 11 were fatalities, most involving children under the age of 15.

Continue reading "Is Your Local Swimming Pool Safe?" »

If you are the victim of a dog bite in North Carolina, you may be entitled to recover damages for your injuries. There is a leash law in effect in Charlotte Mecklenburg which states "Animals [except cats] must be on a leash, contained within a fence or an operable and marked invisible fence. An animal may be loose in its own yard if there is an adult (18 years or older) immediately next to the animal and the animal responds to direct verbal commands of the person." Violations of the leash law does not automatically make a dog owner responsible, however, it sets the standard that unless a dog is appropriately restrained in the owner's yard, the dog must be on a leash.

If the dog bite occurs within the home of the dog owner, or within its fenced yard, the owner may still be responsible for injuries inflicted by the biting canine. In North Carolina, a dog's owner is charged with having knowledge of the general propensities of his particular breed. Furthermore, the owner of the dog must exercise care to prevent injury from reasonably anticipated conduct of that particular breed. In other words, the owner of a Rottweiler is charged with having knowledge of the general characteristics of the Rottweiler breed.

It is important to contact Animal Control immediately if you are the victim of a dog bit. Animal Control will take steps necessary to determine whether the dog is current on its vaccines, and if necessary, quarantine the animal.

Worried about filing a claim against your neighbor? Don't be! Claims for dog bites are handled by the homeowner's insurance, or, if applicable, the renter's insurance policy for the dog's owner. Once the claim is filed, there is little or no contact with the dogs owner and all communication is with their insurance company.

MecklenburgLeashLaw.doc

Continue reading "Charlotte Dog Bite Victims May be Entitled to Recover Damages" »