North Carolina Personal Injury Lawyer Blog

Francesca Flores was walking in her Charlotte neighborhood to meet her daughter at the bus stop when she was viciously attacked by a pit bull and her dog was fatally mauled.

The attacking dog is under quarantine by Charlotte Mecklenburg Animal Care and Control, and officers are investigating into whether the dog's owner will face charges.

Regardless of whether criminal charges are filed against the dog's owner, Ms. Flores is entitled to recover money damages for her injuries. Mecklenburg County has a leash law that 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."

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Attacks by pit bulls increased by 20% in Mecklenburg County in 2009. Charlotte Mecklenburg Animal Care and Control reported 208 pit bull bites in 2009. The next closest breed was the Labrador Retriever with 152 bites, followed by German Sheperds and Chows.

Another child was recently the victim of a dog bite, this time a pit bull mix. The child is recovering from his dog bite in Charlotte, North Carolina at Carolinas Medical Center. Seven year old John Ellis Nixon was outside the door of his neighbors house when he was attacked. Sources report that doctors were successful in saving the child's eye, and that one of his ears had almost been torn off.

If Lincoln County Animal Control defines the dog as "dangerous", the dog will have to be moved outside the county. Last September, this same dog bit another victim at the owner's house. Evidence of this dogs prior bite will help if the parents of John Nixon pursue a claim against the dogs owner, as it shows the owners had knowledge of the dogs prior behavior. Courts in North Carolina will also hold a dog owner liable for injuries if they knew or should have known of the propensities of a particular breed.

If you have questions about a dog bite suffered by you or a family member, call one of our dog bite attorneys for a free consultation.

The mother of a 2 year old girl shot a pit bull after it bit the child in the face, and then turned on the girl's father.

The little girl is now extensively scarred on the left side of her face, and might need to undergo facial reconstructive surgery.

The mother, Tasheka Beatty, who had been minding the dog for a friend, was charged with animal cruelty. Ms. Beatty took full responsibility for her actions and stated, "I just think that's what any other parent would do if they saw what I saw." As a parent, I am inclined to agree with Ms. Beatty's feelings.

The American Veterinary Medical Association (AMVA) offers the following advice to avoid a dog bite:
-Never disturb a dog that is with puppies, sleeping, or eating
-Do not leave dog alone with small child or baby
-Be aware of potentially threatening situations
-Teach children not to approach strange dogs, and ask the owner for permission before approaching dog to pet it
-Stand still if approached by dog wanting to sniff you
-If approached by frightening dog, speak calmly without looking dog in the eye; stand still or back up slowly until the dog leaves; do not turn your back or run away
-If attacked, curl into a ball, protecting you head, neck and face with your hands

For more information, call one our dog bite attorneys for a free consultation.

One day after the tragic death of 5 year old Makayla Woodard, a 10 year old South Carolina girl was viciously attacked by a pit bull while walking home from neighbor Jennifer Barnes' house.

When the victim's uncle arrived at the scene of the attack, he found the dogs ripping the girl's arms apart. Investigators discovered that the neighbor, Barnes, was not at home at the time of the attack, but that her 3 pit bulls were loose in her yard. One of the dogs was shot and killed when it would not release the girl.

According to Charlotte Mecklenburg Animal Care and Control, there were 208 pit bull bites in 2009, and that in the fiscal year ending June 30, 2009, pit bull bites had increased by 20%.

If you have any questions regarding a dog bite, call a dog bite attorney today for your free consultation.

A 5 year old Union County girl was viciously attacked and killed, and her grandmother seriously injured, in a dog attack involving 2 pit bulls owned by her neighbors

Makayla Woodard was walking through her neighbors yard on her way to her own backyard, when she was savagely attacked by two pit bulls, who neighbors say have gotten loose at least once before. Police confirm that the owners had just recently been warned to keep the dogs locked up. Her grandmother suffered serious injuries when she tried to save her.

Police arrived on the scene while the girl was still being attacked. They were able to pull the dogs off the girl but had to shoot one of the dogs when it charged toward the girl again. The second dog was later shot after running loose for 2 hours.

According to the leash law in Waxhaw, a dog may be free on the owner's property provided an adult is outside with the dog, and the adult is in control of the dog. Police are expected to bring charges against the dog's owner, who police say were not home at the time of the attack.

Police are expected to bring charges against the dog's owner.

According to Dogsbite.org, the State of North Carolina has reported that pit bulls are, in fact, biting more frequently than any other breed.

If you or a family member has been injured due to a dog bite, or if you just have questions about a dog bite, call one of our dog bite attorneys for a free consultation.

In a vicious attack, a 6 year old boy from Mint Hill, North Carolina was bitten by a family member's pit bull.

The child was visiting at his grandmother's house when he was attacked while walking from his grandmother's house to his aunt's house, right next door. Upon hearing the screaming child, the boy's mother and aunt emerged from the house and found the dog on top of the child. After his mother pulled the dog off of him, the dog ran away. Shortly thereafter, the boys grandmother also went next door to her daughters house and was attacked by the same dog.

Both the grandmother and the child underwent surgery at a local hospital, where the boy was listed in critical condition, and the grandmother was in stable condition.

If you or a loved one is attacked by a dog, call a dog bite attorney for a free consultation.

Update
The father of the boy injured in this attack, Thomas Clark, has spoken out about his son and the injuries he sustained when attacked by his cousin's pit bill. The child has undergone 8 surgeries; one of his eyes is not doing well, he has facial scarring, and may have permanent loss of use of his right arm. Mr. Clark spoke for the purpose of educating people of the dangers of being attacked by this particular breed, a pit bull.

A tragic North Carolina car accident in Wilmington claimed the life of a grandmother while rushing her granddaughter to the hospital.

The one-year old girl, who has not been identified, was bitten on the face by a pit bull. She was bleeding profusely when her grandmother, Anna Smith Brown, passed through a red light rushing to the hospital. Ms. Brown's car was hit by another car in the right-of-way and then hit a utility pole.

The little girl was transported to a local hospital and was placed in intensive care.

No other details are known about the circumstances of the dog attack.

If you have any questions about being bitten by a dog, call one our dog bite attorneys for a free consultation.

A 2 year old boy was mauled by his grandmother's pit bull last week in Robbinsville, North Carolina. According to the local sheriff, the little boys was playing in his grandmother's yard while 5 of her pit bulls were running free.

The toddler suffered bits to his neck, stomach and legs, and is in Mission Hospital in critical condition.

Police say that felony child abuse charges could be issued.

Just three days later, a 2 year old boy in Henderson, Texas was fatally mauled by his grandfather's pit bull. This little boy had also been playing in his grandfather's yard when the pit bull, who had been chained to a tree, committed the fatal attack.

The district attorney's office is continuing their investigation. A similar attack in the same county resulted in a conviction for criminally negligent homicide, as well as a successful civil suit for money damages against the dog's owner.

It seems that far too often, we read about gruesome injuries inflicted by pit bull attacks. The truth is, any dog can attack, even the beloved family pet. The lesson in these two cases is that a young child should never be left alone with a dog. With breeds such as pit bulls, North Carolina law allows the owner of such an animal to be held responsible for knowing the general propensities of the breed.

If you or a loved one has been the victim of a dog bite, call the dog bite attorneys at Auger & Auger. It is important that immediate investigation be conducted to determine identification of the dog and its owner. Your consultation is free.

A 5 year old child was attacked by a police dog during a demonstration at his elementary school. Police are re-evaluationg the 8 year old dog, a Belgian Malinois, who has been with the Salisbury Police Department for 7 years, to determine why he attacked and whether he is fit to return to duty. The boy received 15 stitches to close the laceration on his neck and his earlobe was partially torn off.

If you or a family member has been bitten by a dog, our dog bite attorneys can help you with the following:
Medical Treatment
Medical Bills
Lost Wages
Punitive Damages

For more information, call Auger & Auger and speak with one of our dog bite attorneys. Your consultation is free.

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.

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.

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.

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