After You're Bitten - Proving Ownership of the Dog For Liability Purposes

When you pass a dog along the street or sidewalk during your morning run or even the short trip to your mailbox, it's important to remain vigilant. You may know the dog, or at least have seen it around the neighborhood, but that doesn't mean the dog is passive or friendly. If you attempt to extend a friendly hand or acknowledge the animal, you risk being bitten. In the event it should happen, the steps you need to take should be first designed to address your health and then your ability to file a claim to cover any expenses - medical and potentially more.
After you have been bitten and are able to confirm the identity of the dog in question, you must identify the owner. Typically, if the dog is wearing a collar with identification, ownership may be easily determined, but what happens in the event the dog has no identification, or the current ID is invalid? It is possible to discover the name and address on a dog's collar belongs to a previous owner who may deny liability for your injury. If ownership is not clear or easily determined, you will need to investigate. When you retain the services of a personal injury attorney who works on dog bite cases, he will interview you about your knowledge of the dog and anybody connected to the animal. It isn't unusual for an attorney to contact people in the neighborhood for answers. There are several possibilities to look to for help in identifying the dog and its owner:

• Postal carriers- The neighborhood mailperson will have an intimate knowledge of the neighborhood, and may recognize pets that play in the yards. If your carrier can connect the attacking dog to a house, that's a plus.


• Service people- Think of all the recent services that have come into the neighborhood recent weeks: painters, contractors, landscapers, and the cable guy. If any recall such a dog in a home where they worked, get that information.


• Police or animal control authorities- If the dog in question has been involved in a prior incident that was reported to the police or animal control authorities, there will be a record you can access for identification purpose.


• Veterinarians- If the dog has been treated by a veterinary clinic, there will be records available. Your lawyer may research all the clinics and animal doctors in the vicinity.

With careful research, you can identify the owner of the attacking dog, then work toward getting appropriate compensation. One reason why few dog bite victims are compensated is because the claims are not filed. If you feel you deserve compensation and you cannot identify the dog's owner, don't give up! There are people who can help you, not the least of which is an attorney who regularly deals with animal attack cases.

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Kathryn Lively is a freelance writer specializing in articles on Fairfax personal injury attorneys and Wheaton personal injury lawyers.

Maryland's New Dog Bite Law

This past May, Maryland joined thirty-three other states that have strict liability laws against dog bites.  Maryland sent a strong message showing it intends to protect victims of dog bites, making the owners liable in case of an attack.  The law, however, applies only to Pit Bulls and Pit Bull crossbreeds.

According to this law, if a Pit Bull bites you or your child, the owner of the dog is held liable, period, no discussion.  But what if you became a victim of a bite by another dog breed?

All other dog breeds fall under Maryland’s “one-bite rule,” which makes the owner responsible for a bite only if the dog has acted violently before. In other words, if a dog bites you, before you can recover any type of compensation, you will need to prove that you were not the dog’s first victim.  

This situation may leave people thinking only Pit Bulls are dangerous. Will the owners of Rottweilers, German Shepherds, American Bulldogs, Boxers and other breeds and crossbreed dogs be held responsible in a case of an attack? For now, no, only Pit Bull owners and the owners of a Pit Bull crossbreeds are liable in a first dog bite case.

With the passage of the anti Pitt Bull law, the behavior of at least three groups is predicted to change.

Pit Bull owners – Pit Bull owners are facing difficult times right now. Some are even giving up their dogs, because landlords are taking steps to rid their properties of these dogs.  Pit Bull owners may face eviction if they do not willingly get rid of their dog.

Landlords – Landlords may be held liable in a case of an attack.  In an effort to shield themselves from the potential problems, many are telling their tenants to get rid of the dog or move out, and they are making owning Pit Bulls a lease violation.   

Homeowner Insurance Companies - Dog bite claims are typically paid by the dog owner’s homeowner’s insurance company, expect to see these policies in Maryland soon exclude coverage if the dog is a Pit Bull.  This will leave the dog owner fully financially exposed if his or her dog attacks someone, providing another incentive to get rid of the dog.

Millions of people become victims of dog bites every year, and many of them are children.  Dog attacks can be deadly. Protect yourself at all times and report a dog bite to local authorities immediately.  Finally, contacting an attorney can increase your chances for obtaining compensation.

Paul A. Samakow is an attorney licensed in Maryland and Virginia, and has been practicing since 1980.  He represents injury victims and routinely battles insurance companies and big businesses that will not accept full responsibility for the harms and losses they cause. He can be reached at any time by calling 1-866-SAMAKOW (1-866-726-2569), via email, or through his website. He is also available to speak to your group on numerous legal topics.  Paul is the featured legal analyst on the Washington Times Radio, on the Andy Parks show, on Wednesdays at 5:15 P.M., and he is a columnist on the Washington Times Communities.

His book The 8 Critical Things Your Auto Accident Attorney Won't Tell You is free to Maryland and Virginia residents and can be obtained by ordering it on his website; others can obtain it on Amazon.

Employee Not Entitled to Workers' Compensation Benefits After Fall in Office Kitchen.

The Missouri Supreme Court on May 29, 2012 said that an employee who was injured in an office kitchen after making coffee is not entitled to workers' compensation benefits.

The Court said that the employee was not entitled to workers’ compensation benefits because she failed to show that her injury arose out of and in the course of her employment.

The plaintiff, Sandy Johme, was employed by St. John’s Mercy Healthcare as a billing representative. Her work duties included tying charges at a computer in an office. While being "clocked in", Johme went to the office kitchen for a cup of coffee. Typically, employees make a new pot if they empty it.

Johme was injured in a fall that occurred in the kitchen after she made a pot of coffee to replace the now empty pot. She was wearing sandals with a thick heel and a flat bottom, with a one-inch thick sole. After making a new pot of coffee she twisted her foot and fell on the floor. The floor was clean of trash, or any irregularities or hazards.

After her fall, Johme reported on her office’s injury report that her fall occurred when she turned to walk back to her desk. However, she didn't remember exactly if she was turning to go to the counter or turning to leave the room. Johme stated: "I don’t think I could have been leaving the room because I would have went to my left. I must’ve been going to the counter to throw something away or something I guess.”

After the fall Johme was taken by ambulance to the emergency room. Medical records in the hospital indicated that she reported she tripped at work because of the shoes she was wearing.

After suffering a fracture to her right hip and pelvis, Johme sought workers' compensation benefits related to the fall. However the administrative law judge denied her claim. The ALJ wrote that, she was not performing her regular work duties at the time of her fall at work. "She just fell and she would have been exposed to the same hazard or risk in her normal (non-employment) life.”

Johme then appealed to the Labor and Industrial Relations Commission, which reversed the ALJ’s decision.

The commission found that Johme's injury was compensable after applying the "personal comfort doctrine" together with a state law requirement. The commission noted that Johme's act of making coffee was "incidental to and related to her employment."

The woman was awarded with temporary total disability payments, past medical expenses and permanent partial disability payments.

The Commission pointed out that case law had historically recognized a workers’ compensation doctrine referred to as the “personal comfort doctrine,” which provided that workers’ compensation benefits could still be available to an employee who was injured when tending to a basic personal need while at work. St. John's appealed.

St. John's contends the commission erred in awarding benefits to Johme because the award was not supported by sufficient competent evidence.

The state's high court, in its 14-page ruling, agreed, and reversed the commission's decision in favor of St. John's.

Justice Mary R. Russell wrote: "In Johme's case, the Commission erred in focusing its assessment on whether Johme's activity of making coffee was incidental to her employment. The evidence did not link her act of making coffee as the cause of her injury and fall. Instead, the issue in Johme's case was whether the cause of her injury -- turning and twisting her ankle and falling off her shoe -- had a causal connection to her work activity other than the fact that it occurred in her office's kitchen while she was making coffee,"

Therefore Johme's injuries were not found compensable, and she was not entitled to the to workers’ compensation benefits.

Work related injuries happen every day. The injuries involve sprains, strains, tears, falls, back injuries, etc. Overall more than 337 million accidents happen on the job each year, resulting in physical and mental injury of the workers.

After any work related injury the first thing to do is to report the accident to the manager. Make sure that you report what happened exactly as it happened. This report will be one of the main documents in court.

Hiring a personal injury lawyer is the next thing to do. Make sure that the lawyer knows how to handle injury cases.

Paul A. Samakow is an attorney licensed in Maryland and Virginia, and has been practicing since 1980.  He represents injury victims and routinely battles insurance companies and big businesses that will not accept full responsibility for the harms and losses they cause. He can be reached at any time by calling 1-866-SAMAKOW (1-866-726-2569), via email, or through his website. He is also available to speak to your group on numerous legal topics.  Paul is the featured legal analyst on the Washington Times Radio, on the Andy Parks show, on Wednesdays at 5:15 P.M., and he is a columnist on the Washington Times Communities.

His book The 8 Critical Things Your Auto Accident Attorney Won't Tell You is free to Maryland and Virginia residents and can be obtained by ordering it on his website; others can obtain it on Amazon.

National Dog Bite Prevention Week

This week, May 20th - May 26th, is a national dog bite prevention week. During this week dog owners and their neighbors are paying a closer attention to their dogs’ behavior. Every year more than 4.7 million people become the victims of dog bites, mostly young kids, and the outcome can be lethal.

Here are some thoughts on keeping everyone safe, and happy.

What you can do to prevent dog bites.

Choose breeds that are less violent.

Puppies are cute, and sometimes we forget that a puppy is not a toy, but a responsibility. When adopting a puppy, assure that you will be able to train and control the adult dog. Some dogs, such as Pit Bulls, tend to be more violent, and require special training.

Train your dog properly.

If you own a large dog, it is more important to train it properly. Large dogs tend to scare small children more than small dogs. Buy a training book, take the dog to a training school, and make sure that it understands and responds to your commands. Dogs like to play, no matter their size, and sometimes they may not
understand that their fun can injure someone. Teach your dog to respond to your commands immediately; one of these commands may save somebody’s life.

Keep your dog healthy.

Do not forget to feed and play with your dog, and give your dog plenty of exercise. Take your dog to a vet regularly. Spend some quality time with Fido. A healthy dog is a happy dog, and happy dogs do not tend to bite.

Be cautious around strange dogs.

Do not try to play with a strange dog. Always ask the owner’s permission, and teach your children to do the same. Children are the most common victims of the dog bites, and often it happens because they may not know how to behave around dogs.

Do to leave your baby or a small child alone with a dog.

The situation may be dangerous. Small children may hurt the dog, and the lovely pet may react violently. Watch your children at all times, especially with a big dog nearby.

What to do if a dog bites you.

Get needed medical attention. If you do not initially know who owns the dog, try to find out from neighbors. If you know the owner’s identity, ask the owner for the name and contact information for their homeowner’s insurance company. You can tell them that usually these insurers will pay medical bills. Ask the owner if the dog has been vaccinated and has a rabies license. Contact the veterinarian clinic to validate the rabies license. Call an attorney as soon as you can to get additional legal advice.

How an attorney can help you.

You have the right to be compensated. This includes money to pay medical bills, and additional money for any pain, suffering, disruption of your life, scarring, and other “negative” consequences of being bitten. An attorney will be able to provide a realistic evaluation of your claims, and will always be able to secure more for you, even after any fee is deducted, than you can obtain on your own. Insurance companies do not want to pay you. Having an attorney will place you in a much better position to recover compensation than if you attempt to represent yourself.

Pit Bulls Not Wanted, Maryland

It seems every decade or so, some dog breed falls into disfavor. Doberman Pinschers and Rottweilers come to mind. Now the Pit Bull has that distinction.

I have owned dogs. I had small children at the time. I loved the concept of my child growing up with a puppy, Dogs are unique in that there is absolute, unconditional love. My dogs were small, what I called “white, powder-puff” types. My dogs fit entirely in your lap.

I understand wanting a dog for protection. It is a tough world, and having a big strong dog that barks at those not welcome can be a blessing.

Some dogs, perhaps due to a combination of their owner’s ignorance and the dog’s breeding are, simply, dangerous. We try to be politically correct and not generalize. Unfortunately, with dogs, that is not always possible.

Maryland’s highest Court recently decided a case involving the beleaguered Pit Bull. They decided that if your Pit Bull bites somebody, you are responsible. Period. No questions. No defense. The law is called strict liability. The justices apparently were convinced that Pit Bull dogs are so dangerous, they will not allow any excuse for injury they cause; thus the individuals who choose to keep them as pets do so at their own financial risk.

The results of this decision will affect both your insurance and where you live. Insurers in Maryland will soon exclude Pit Bulls from homeowner’s insurance policies, and it is expected that you will not be able to rent an apartment in Maryland if you own a Pit Bull, as apartment owners will not rent to you if you own a Pit Bull.

The concern Maryland exhibited is shared in many places all over the country. Pit Bulls have, correctly or not, become known as violent dogs. In 2004 in Council Bluffs, Iowa (a small county of about 60,000 citizens) there were 29 Pit Bull bites reported; that number became zero after the county made owning a Pit Bull illegal.

Along with the Pit Bull bans and regulations seen around the country, Prince George’s County, Maryland took steps to address Pit Bull fear. Owning this type of dog is illegal in the county. The only exception is if you had your dog before November 1, 1996, and your dog has been continuously registered with Animal Control, and wears a tag that identifies it as a registered Pit Bull. You can keep your dog as long as it is kept in a secure building or kennel at all times, and it is on a leash and under the control of an adult when it is outside. The violation of this section will result in fines and even a prison sentence of the owner.

Pit Bulls have enormous jaw strength, developed through selective breeding. There are several breeds that are classified as Pit Bulls, such as the American Pit Bull Terrier, the American Bulldog, the Staffordshire Bull Terrier, and the American Staffordshire Terrier. Mixed-breed dogs that have the combination of these breeds are also under this classification.

Pit Bulls were bred to become strong fighting dogs. Their "hold and shake" bite style was designed to inflict the maximum damage on their victim. Some Pit Bull advocates will tell you that if the dog is trained well, it will never attack a human, or another dog. This may be true; unfortunately, experience has shown that Pit
Bulls will turn on their owners. Perhaps these owners did not train their dogs well enough.

The laws and bans have been put into place to protect people. More than half of Pit Bull attacks are children. Agree with the rationale, or not. Until dog owners can demonstrate that they can control their dogs, I for one am in favor of protecting my friends and neighbors, and particularly my kids, and yours.