North Carolina Personal Injury Lawyer Blog

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" »