California Injury Blog

Sixteen people were injured – three critically – when wooden scaffolding covering a Downtown San Diego pedestrian walkway collapsed along a housing construction site Aug. 28, according to this 10News report. Paramedics reportedly transported three people, a 50-year-old man and two women, ages 57 and 60, to an area hospital to treat what was classified as “life-threatening” injuries. At least 12 others are receiving treatment for moderate to minor injuries from the San Diego Construction Accident.

State investigations from the Occupational Safety and Health Administration (CAL-OSHA) are investigating this incident to find out what caused it and how it occurred. The builder of the affordable housing project, Allgire General Contractors Inc. of Carlsbad, closed the site down immediately after the collapse and ordered that all work be stopped at the site until an investigation is complete and adequate safety measures are taken. All victims were between 16 and 64 years old, the report said.

According to OSHA’s statistics, an average of 88 deaths occurred between the years 2000 and 2004 from scaffolds collapsing. In a Bureau of Labor and Statistics study, 72 percent of workers injured in scaffold accidents attributed the accident either to the planking or support giving way. OSHA has very specific standards when it comes to scaffolds and how they must be constructed and secured.

Continue reading "San Diego Construction Accident Kills 16" »

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Posted In: Construction Accident

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By John Bisnar

Outrage hit a fever pitch when Exxon Mobil released its latest record quarterly profits. There was no denying that the results Exxon posted amount to a lot of cash.

But where do they spend it all?

Here’s one source: funding phony think tanks that advocate eliminating the minimum wage, deny global warming, and hope to prevent Americans from receiving justice through the legal system.

Look no further than San Francisco based Pacific Research Institute (PRI). Like other “tort reform” groups, PRI’s funding comes from tobacco, oil, and drug corporations, according to past public donor lists. All have spent millions of dollars to close the doors of the civil justice system, or at a minimum, stack the deck against everyday Americans if they do get in.

PRI has concocted yearly studies that purport to rank state legal climates or put a value on the justice system. The legitimacy of this fiction was illustrated by the 2008 edition, where PRI cited themselves or other tort reform groups no less than 34 times in the footnotes.

Thankfully, serious objective academics reviewed one of PRI’s reports. Three law professors concluded that their claims are “without scientific merit and present a very misleading picture of the American tort system and its costs.”

The professors leveled several criticisms on PRI’s report, calling it “advocacy disguised as science,” “pure fiction,” “lack[ing] scientific merit,” and containing “highly dubious extrapolations.” Additionally, they discovered that none of the statistics or figures were from academic publications or peer reviewed by independent experts. PRI’s assertion that Americans are paying a “tort tax” also holds no water; its origins are a discredited insurance industry appraisal.

It is obvious that PRI went to incredible lengths to dupe the public into believing their research was legitimate and genuine. But why do they care so much about the legal system?

Continue reading "WHAT BIG OIL PROFITS CAN BUY" »

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Posted In: Information/Personal Interest

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Historic old buildings, some dating back to the 1880s, are maintained in "Old Town" on Main Street and El Camino Real. The museum shows a living history of those times gone by. And there's more: three trees yet remain of those original massive sycamores that gave Tustin its nickname. And finally, everywhere lining the streets, one still sees trees, trees and more trees in Tustin, The City of Trees.

The Tustin personal injury attorneys at Bisnar Chase have represented the seriously injured in Tustin for over 30 years. We specialize in fighting for the rights of those injured by the negligence of others and limit our practice to serious personal injury and wrongful death. Whether you were hurt in an auto accident, suffered a brain injury, or even were the victim in an Tustin dog bite incident, our top personal injury lawyers in Orange County are ready to represent the interests of you and your family.

We do NOT charge a fee until there has been a monetary recovery in our client's case and we advance all costs and expenses.

All consultations, whether in our offices or your home or hospital room, are free. Call the experienced Tustin personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

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Posted In: Auto & Car Accidents

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The city of Manteca, California, has passed a new law saying that if you own a pit bull breed you either have to get it fixed, qualify as a legitimate breeder of pit bulls or risk being charged with a crime or having the dog destroyed. According to a news article in the Manteca Bulletin, the law, which takes effect in October, was a reaction to a series of seven vicious dog attacks in Manteca. A majority of those dog attacks involved pit bull breeds.

California law prohibits local municipal ordinances from banning breeds of dogs. But it does allow breeds to be regulated including requiring them to be spayed and neutered. According to the newly passed law in Manteca, the first violation would result in the city impounding the pit bull and disposing of it in accordance with the municipal ordinance. The second offense is a misdemeanor punishable by imprisonment in county jail for a period not to exceed six months and a fine of up to $1,000.

Continue reading "California City Hopes to Curb Pit Bull Attacks with New Law" »

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Posted In: Dog Bites

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As if dealing with insurance companies from time to time is not enough, there is a proposed California Bill, AB 2800, which would let auto insurance companies put a black box tracking device in your car. This box would essentially let the insurance Big Brothers keep track of when, where and how you drive. What’s more, insurance companies can charge you a penalty if you refuse to be tracked. So, basically, if you want to protect your privacy, you can be penalized for it.

Insurance companies’ argue that this bill is not about them keeping track of your driving, but only about verifying the number of miles you drive. I agree with Carmen Balber, a consumer advocate with the group, Consumer Watchdog. Balber wrote an Op-Ed for the Sacramento Bee () on this issue. As she puts it, this bill does nothing but give “insurers fresh ways to charge you more.”

Some insurance companies such as State Farm are already lobbying the California Department of Insurance for insurers to be able to collect for the time of day you drive, days of week, type of road, where your miles are driven, speed and even how aggressively you drive by measuring hard stops, starts or turns. So does that mean an insurer can increase rates if you work a night shift as a cop or a nurse? Does that mean you could get penalized for making a couple of hard turns or driving too fast or too slow?

Continue reading "Should You Let Your Insurance Company Become Big Brother?" »

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Welcome to Santa Ana, California. Founded in 1869, Santa Ana has long been the county’s government powerbase. Today, this historic city serves as Orange County’s downtown. Businesses, tourists and locals come to Santa Ana for its fresh, unexpected experiences – from gleaming, technologically advanced office buildings and innovative exhibits at the many museums and galleries, to luxury high-rise living and distinctive restaurants.

The Santa Ana personal injury attorneys at Bisnar Chase have represented the seriously injured in Santa Ana for over 30 years. We specialize in fighting for the rights of those injured by the negligence of others and limit our practice to serious personal injury and wrongful death. Whether you were hurt in an dog bite incident, suffered a brain injury, or even were the victim in an Santa Ana auto accident, our top personal injury lawyers in Orange County are ready to represent the interests of you and your family.

We do NOT charge a fee until there has been a monetary recovery in our client's case and we advance all costs and expenses.

All consultations, whether in our offices or your home or hospital room, are free. Call the experienced Santa Ana personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

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Posted In: Auto & Car Accidents

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Deborah Pearson, 51 and her granddaughter Delaney Pearson, 4 were killed on Aug. 23 in a Victorville auto accident triggered by a wrong-way driver suspected of driving under the influence on the 15 Freeway. According to an article in the Orange County Register, 27-year-old Jason Morgan of Victorville was driving a 2001 Chevrolet Silverado 1500 pickup south on the northbound side of the freeway when an oncoming motorist driving a 2008 Pontiac swerved to avoid him and struck the center guardrail, California Highway Patrol officials said.

Morgan then struck a 2004 Hyundai Santa Fe SUV head-on and then a 1999 Toyota. Ryan Pearson, 27, driver of the Hyundai, suffered moderate injuries, but the impact of the crash killed his front passenger, Deborah Pearson and 4-year-old Delaney. Another passenger in the vehicle, two-year-old Regan escaped with minor injuries. Morgan, the wrong-way driver, also suffered severe head injuries, but has been arrested on suspicion of felony DUI and vehicular manslaughter.

I offer my deepest condolences to the Pearson family that is grieving the death of their loved ones. Please keep this family in your prayers.

Continue reading "Victorville DUI Accident Kills Woman, Granddaughter" »

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Michelle Kim, 54, of Redondo Beach died in a Newport Beach pedestrian accident on Monday morning after she was hit by the driver of a Honda Odyssey while walking to her job at Glidewell Laboratories near the intersection of MacArthur Boulevard and Dove Street. According to an article in the Daily Pilot, 35-year-old Sung Van Le of Santa Ana was not speeding or driving under the influence when he hit Kim.

This was a tragic accident and I offer my condolences to Kim’s family for their loss. This accident happened right in front of our office and I watched a portion of the investigation. Although I did not know Kim, I will always remember her when I leave the office for home as I pass over the exact spot where this fatal Newport Beach pedestrian accident occurred.

From the newspaper reports, it is not clear why this accident happened. Le reportedly said he saw Kim on the sidewalk before the collision. The best I can figure at this point is that both Kim and Le were not paying attention to their surroundings or their relative positions immediately before the collision. From a legal standpoint, based upon the point of impact that I saw marked on the street, Le would have had a clear sight of Kim crossing the street in front of him.

The fact that Le saw Kim on the sidewalk and had a clear line of sight for the approximate 200 feet from the time he turned onto Newport Place to the point of impact, if I were representing Kim’s heirs, there is not much doubt that I would be able to hold Le civilly responsible for Kim's death. On the other hand, I am sure there are talented defense attorneys that would advocate the position that Kim was fully or partially responsible for her own pedestrian accident. They would argue that Kim was jaywalking and stepped out into the path of Le’s car without sufficient time or distance for Le to react to prevent the accident from happening.

Continue reading "Newport Beach Pedestrian Accident Claims Woman's Life" »

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Posted In: Pedestrian Accidents

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The City of Orange was incorporated on April 6, 1888 under the general laws of the State of California. However, Orange dates back to 1869 when Alfred Chapman and Andrew Glassell, both lawyers, accepted 1,385 acres of land from the Rancho Santiago de Santa Ana as legal fees. Soon thereafter, the men laid out a one square mile town with ten-acre farm lots surrounding a forty-acre central town site. The center of the town site became known as the Plaza, which has become the symbol of the community. Today, the Plaza and the majority of the original one square mile town site contain many homes and buildings dating to the early days of the City; the site is registered on the National Register of Historic Places.

The Orange personal injury attorneys at Bisnar Chase have represented the seriously injured in Orange for over 30 years. We specialize in fighting for the rights of those injured by the negligence of others and limit our practice to serious personal injury and wrongful death. Whether you were hurt in an auto accident, suffered a brain injury, or even were the victim in an Orange dog bite incident, our top personal injury lawyers in Orange County are ready to represent the interests of you and your family.

We do NOT charge a fee until there has been a monetary recovery in our client's case and we advance all costs and expenses.

All consultations, whether in our offices or your home or hospital room, are free. Call the experienced Orange personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

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A 4-year-old boy suffered severe facial injuries in a Chester, California dog attack, after a neighbor’s dog bit him, the Chester Editor reports. Avery Stout was reportedly playing with his older brothers in the neighborhood the afternoon of Aug. 12 when the attack occurred. Avery’s father Dan Stout said he saw a huge cut on his son’s face and his lower lip looked “like it was hanging off, like it was chewed off and just hanging there.”

It took 60 stitches to close up that large cut, which began in the center of Avery’s nose, continued through his lips and ended with a small cut on his chin. The little boy is now facing plastic surgery. Not only that, because Avery’s lower lip had no blood circulation for a long period of time, surgeons may have to remove it.

Chester’s dad is unhappy with the county for not promptly sending out an animal control officer to take custody of the dangerous dog and with the dog owner for letting his dog roam the neighborhood without a leash. I absolutely support the father’s assertion that the county put the entire neighborhood in danger by not catching the dog in a timely manor. Stout compares living with the fear of a dog attack to living in a neighborhood where drive-by shootings occur.

Continue reading "California Dog Attack Severely Injures Toddler" »

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Posted In: Dog Bites

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The family of a neglected elder in Orange County has filed a lawsuit against a Laguna Hills nursing home alleging negligence and understaffing by the nursing home owner, The Orange County Register reports. The family of 91-year-old Therese Sperry is suing Villa Valencia Health Care Center owned by Virginia-based Sunrise Senior Living.

There is a history of nursing home negligence and abuse issues at the nursing home in question, having received five health and safety citations over the last 10 years from state health regulators. The same nursing home also recently paid $2 million in damages in connection with the death of another patient. According to the lawsuit filed by Sperry’s family, the woman who had Alzheimer’s, developed pressure ulcers on her feet during her two-week stay at the nursing home, which they say went untreated. As a result, the ulcers spread to her muscles and bones causing great pain and suffering until she died.

Continue reading "Orange County Nursing Home Negligence Alleged" »

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Posted In: Nursing Home Abuse/Neglect

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Mission Viejo is a city of dedicated providers of municipal services and stewards of the public trust. They believe in promoting the well-being of a community where caring people are the difference. Through Public Service, Integrity, Teamwork, Innovation and Excellence, Mission Viejo is committed to preserving and enhancing the quality of life within their city.

The Mission Viejo personal injury attorneys at Bisnar Chase have represented the seriously injured in Mission Viejo for over 30 years. We specialize in fighting for the rights of those injured by the negligence of others and limit our practice to serious personal injury and wrongful death. Whether you were hurt in an auto accident, suffered a brain injury, or even were the victim in an Mission Viejo dog bite incident, our top personal injury lawyers in Orange County are ready to represent the interests of you and your family.

We do NOT charge a fee until there has been a monetary recovery in our client's case and we advance all costs and expenses.

All consultations, whether in our offices or your home or hospital room, are free. Call the experienced Mission Viejo personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

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Posted In: Auto & Car Accidents

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Jason, James Mohelski, 32, of Victorville died in an industrial accident in Riverside on Aug. 19 after he was crushed between a tire and the cab of a fire truck he was inspecting, the Riverside Press Enterprise reports. Mohelski was reportedly working on the truck at Johnson Power Systems in Riverside when he got crushed and suffered the fatal injuries.

Cal-OSHA, the state’s occupational safety and health agency, is investigating this on-the-job fatality. My heart goes out to Mohelski’s family. I offer my condolences to them.

According to the California Department of Occupational Safety and Health (DOSH), every employer in California is required under the state’s Labor Code to provide a safe and healthful workplace for all employees. Title 8 (T8), of the California Code of Regulations (CCR), requires every California employer to have an effective Injury and Illness Prevention Program in writing that must be in accord with T8 CCR Section 3203 of the General Industry Safety Orders.

Continue reading "Riverside Industrial Accident Results in Crushed Worker" »

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Posted In: On-The-Job Injury

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One person died and five suffered severe injuries in a 15-passenger van rollover accident, when the van carrying a church group from Ohio blew a tire and overturned on the southbound Interstate 20/59 on the afternoon of Aug. 15. According an article in the Tuscaloosa News. The driver of the van, 45-year-old Diane L. Hill of Euclid, Ohio, died in the crash. The five injured passengers who were transported to an area hospital were: Obadiah Miliner, 68; Patricia Lewis, 62; and Terrell Jackson, 39, Lillian Robinson, 55 and Michael Miliner, 35. All were either members or clergy from the Unity Baptist Church in Cleveland, Ohio.

The 15-passenger van was reportedly carrying only six people, all headed to an annual church event in Mississippi. The driver of the van reportedly lost control of the vehicle after a tire blew. The van rolled over and hit the median.

My heart goes out to the victims of this horrible accident. I offer my condolences to Hill’s family and my wishes and prayers for a speedy recovery go out to the injured victims.

The unfortunate fact is that this is an accident, which could have been prevented, that statistically it was an accident waiting to happen. Once that tire blew at freeway speeds, Hill had almost no chance to keep the van from rolling.

The National Highway Transportation Safety Administration (NHTSA) has issued several safety alerts about the dangers of the 15-passenger van. Here’s a link to a comprehensive Web site that talks about these hazardous vehicles that are no better than death traps.

My partner, Brian Chase, a national expert on 15 passenger van rollover crashes, has consistently maintained that these vehicles are dangerously unstable and cause accidents. Among the design flaws of these 15 passenger vans is that they use stadium style seating where passengers in the back are sitting at a slightly higher elevation than people in front of them. This causes the center of gravity in 15 passenger vans to move even higher than when the van is empty. So in the event of a tire blowout, these vans could become unsteady and roll over, especially when the driver is trying to overcorrect or take evasive action.

Continue reading "Alabama 15 Passenger Van Rollover Accident Leaves 1 Dead, 5 Injured" »

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Posted In: 15 Passenger Van Accidents

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The City of Lake Forest is located in the heart of South Orange County and the beautiful Saddleback Valley. The City's motto, "Remember the past, challenge the future," is the Lake Forest way of life. The rich heritage of the past is preserved and enhanced in this contemporary city ready to meet the challenges and opportunities of the future. Incorporated as a city in 1991, Lake Forest has been carefully master-planned to help ensure that it will always be an ideal place for business to prosper and people to live, work and play.

The Lake Forest personal injury attorneys at Bisnar Chase have represented the seriously injured in Lake Forest for over 30 years. We specialize in fighting for the rights of those injured by the negligence of others and limit our practice to serious personal injury and wrongful death. Whether you were hurt in an auto accident, suffered a brain injury, or even were the victim in an Lake Forest dog bite incident, our top personal injury lawyers in Orange County are ready to represent the interests of you and your family.

We do NOT charge a fee until there has been a monetary recovery in our client's case and we advance all costs and expenses.

All consultations, whether in our offices or your home or hospital room, are free. Call the experienced Lake Forest personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

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Posted In: Auto & Car Accidents

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Joaquin Monreal, 26, of Santa Maria, reportedly died in a California ATV accident at the Oceano Dunes recreation area. According to this news report, Monreal went missing after a late-night right on his all-terrain vehicle. Friends, who went out looking for him, found Monreal unconscious, lying in the sand next to his ATV. He was reportedly pronounced dead at the scene.

Officials, who are investigating the accident, say they don’t know how the ATV accident occurred and don’t have any eyewitnesses. They also say Monreal was wearing proper safety gear and the weather was not a factor in the crash. Park rangers say Monreal must’ve died waiting for help. Rangers recommend ATV riders to go out in groups of at least three so one person can stay with the injured person and administer aid while the other goes out to get help. This is reportedly the fourth fatal ATV accident in the area this year. There were three in 2007.

It’s too early to tell what caused the death. The investigation is complicated by the fact that there were no witnesses who saw it happen and Monreal was equipped with safety gear and doesn’t seem to have been intoxicated, although the coroner is still conducting an autopsy and toxicology tests to determine the cause of death.

Continue reading "Santa Maria ATV Accident Claims Man’s Life" »

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Posted In: ATV Accidents

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Unites States lawmakers are now taking a hard look at sex offenders in nursing homes and long-term care facilities, which has becoming a significant problem and an important component of the issue of nursing home abuse in this country. According to a recent article in USA Today, federal lawmakers are becoming more and more convinced that nursing homes must be required by law to tell people if there is a sex offender present in the nursing home.

Between 2005 and 2006, several states, including California, Illinois, Minnesota and Oklahoma, passed laws requiring that long-term care homes receive notice about sex offenders who are admitted to their facilities. Sex offenders make their way to nursing homes in many ways. Some are sent there from prisons if they need long-term care. Others are admitted to nursing homes by social service agencies.

A U.S. Government Accountability Office (GAO) report in 2006 found that at least 700 registered sex offenders live in nursing homes and care facilities across the country. The problem here is that the law is not very clear in requiring that nursing homes inform residents and their families about these sex offenders.

Some states require that schools, churches or neighborhoods be notified when sex offenders move in to an area, but few specify that nursing homes be informed when a sex offender is admitted. The same GAO report looked at laws in eight states and found that 50 percent did not mandate that nursing home operators or residents be notified about sex offenders who move in.

Continue reading "Nursing Homes Should Warn Residents about Sex Offenders In Their Facilities" »

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Posted In: Nursing Home Abuse/Neglect

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Laguna Hills is built on one of the major land grants developed during the Rancho Era. Following Mexico's independence from Spain in 1821, those who had served in the government or who had friends in authority, were given vast lands for cattle grazing. Rancho Lomas de Santiago, Rancho San Joaquin, and Rancho Niguel covered much of the western portion of the Saddleback Valley. Don Juan Avila was granted the 13,000 Rancho Niguel on which Laguna Hills is located.

The Laguna Hills personal injury attorneys at Bisnar Chase have represented the seriously injured in Laguna Hills for over 30 years. We specialize in fighting for the rights of those injured by the negligence of others and limit our practice to serious personal injury and wrongful death. Whether you were hurt in an auto accident, suffered a brain injury, or even were the victim in an Laguna Hills dog bite incident, our top personal injury lawyers in Orange County are ready to represent the interests of you and your family.

We do NOT charge a fee until there has been a monetary recovery in our client's case and we advance all costs and expenses.

All consultations, whether in our offices or your home or hospital room, are free. Call the experienced Laguna Hills personal injury attorneys at Bisnar Chase today at 1-800-598-6998.

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A woman in Canyon Country suffered severe injuries after both she and her Chihuahua were attacked by two Pit-Bulls during a walk. According to an ABC News report, Tempo Edwards was walking her dog when two pit-bulls attacked her. Edwards reportedly suffered bite marks on her hand and neck. The district attorney is looking at filing criminal charges against a Canyon Country man believed to be the owner of the two Pit- Bulls.

The pit-bulls first went after Edward’s dog and then her. One of the dogs locked its jaw around her neck and knocked her down. Neighbor Lillie Troncale, who came to her rescue, managed to scare the dogs and get them off Edwards, who reportedly had undergone a kidney transplant recently. Her doctors are now concerned about possible infection from the pit-bull dog bites.

Thank goodness Troncale was near by and acted quickly. She probably saved Edward’s life. I wish Edwards a speedy recovery. I also hope the district attorney goes through with the prosecution of the dog owner.

According to statistics from the U.S. Centers for Disease Control, Pit Bulls and Rottweilers accounted for more than half the fatal dog attacks between 1977 and 1998. Over two thirds of the people I have represented in dog attack cases were bitten by either Pit Bulls or Rottweilers.

Continue reading "Canyon Country Dog Bite Victim Suffers Injuries" »