California Injury Blog

A Santa Rosa woman, who was badly injured and scarred in a ferocious dog attack two years ago, has received a $1 million settlement, an amount that equals the upper limit of the dog owner’s insurance policy. According to an article in the Santa Rosa Press Democrat, Wendy Rydberg received $900,000 and her husband and two children got $33,000 each, avoiding what promised to be an emotional jury trial.

The victim, Rydberg, who spent four days in the hospital and underwent three surgeries to fix the scars on her nose, cheek and lips, told the newspaper that she is relieved by the settlement and feels that she can now move on with her life. The incident reportedly occurred on April 6, 2006, when an American bulldog owned by 19-year-old Emmelia Dale-Pincus bit Rydberg on her face as she was walking her own dog.
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Nancy Matthews, a veterinarian, is suing the San Diego Department of Animal Services for injuries suffered during an attack by two boxer dogs more than a year ago. She has filed an amendment to the lawsuit she filed last November, according to the North County Times. Matthews said she spent six days in the hospital after the attack, which left her with bites and scars over most of her body.

The civil lawsuit alleges that county animal officials knew the dogs had previously bitten two people and didn’t take appropriate action to prevent them from attacking again. After the original filing the county’s counsel requested a dismissal of the lawsuit arguing that the department was not negligent or legally responsible for the dog’ actions. The court ruled in favor of the county and gave Matthews an opportunity to amend her lawsuit.

County counsel George Brewster has stated, even before seeing the amended lawsuit, that he plans to ask the court once again to dismiss the Matthews lawsuit.

There is not way that Matthews is going to prevail in this lawsuit. It will have taken some clever drafting of the amended lawsuit by her attorney to get by Brewster’s next request of the court to dismiss this lawsuit. Even if she does get by the county’s motion to dismiss the complaint, she’ll have tough time proving her case. If she fails, she will be subject to paying the county’s costs of defending itself.

For someone to be liable for this dog attack, they must either be an owner of the dogs (strict liability) or a keeper of the dogs with knowledge of the dogs’ dangerous propensities yet did not do enough to protect Matthews (negligence).
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An 8-year-old boy, who suffered severe dog bite injuries in Fontana, reportedly told police that someone intentionally set the dog on him. The boy and his brother who were walking down a neighborhood street told officers that a teen inside a house opened a door and let a 65-pound pit bull out the door and the dog in turn pounced on the boy and ripped his face apart, according to an article in the Inland Valley Daily Bulletin.

The boy suffered severe bite injuries on his face and was treated in the hospital and released. The newspaper reported that he had to get a number of stitches on his face. The dog ran back into its owner’s home after the attack and the owner reportedly tried to hide the animal in the backyard. However, animal control officials were able to locate the dog and tried to corner it, but the pit-bull was reportedly still very aggressive and charged at them even after they fired a bean bag round and used a taser gun against it. Finally, they had to shoot and kill the dog.

The dog owner could certainly be held liable in this case and should face criminal charges if the attack was intentional as the victim says. It is really sad that a little child had to undergo the trauma of a dog bite attack. He will probably also need plastic surgery on his scars. We’ve observed that even with plastic surgery some scars never go away.
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