Three People Attacked by Pit Bull in El Mirage

Christina Ortega, her husband and son were enjoying a barbeque in a friends backyard on Sunday in El Mirage when a pit bull entered the yard through an open gate and attacked the boy. Others saw the dog, but Ortega’s 3-year-old son was attacked before he could run away. The dog grabbed him by the back of the head, tearing his scalp. His parents were also bitten as they were trying to pull him to safety. The dog then ran away.

Ortega and her son were taken to the hospital with non life-threatening injuries. The boy received several stitches in the back of his head where his scalp was torn down to the skull. Ortega and her husband suffered bite wounds on their arms which were also treated..

According to people living in the area, they had seen the dog before wandering around. Some thought he might live in the Aqua Fria River bed. Since the attack Maricopa County Animal Rabies Control Officers have been patrolling the area along with the El Mirage Police. The patrol ended when an animal control officer found the dog in the river bed Tuesday morning.

Reports have shown that the dog had a collar, leading one to believe that at some point the dog had an owner. The questions are, who and where?

In Arizona, if you are attacked and/or bitten by a dog, the owner is automatically liable. More often than not, a person’s homeowners insurances will cover the damages caused to the victim. However, some policies exclude “animal liability”, so you may want to check yours if you have a dog or other pet. The only defenses to a dog attack are trespassing (showing that the victim was in a place that he/she was not entitled to be) or provocation (provoking the animal). Clearly, neither of these defenses would apply in this case.

We wish the Ortega family a safe and speedy recovery.

If you have any questions or comments, please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at www.ZacharAssociates.com

Mesa Infant Killed by Family Dog

It was a horrific, nightmarish day in Mesa yesterday for the family of a two-week-old baby, who laid her to rest. The family dog, a Chow-Golden Retriever mix, apparently bit the baby causing fatal injuries. The mother called 911 and the baby was pronounced dead when the paramedics arrived. Our thoughts are with this family as they try to recover from this unimaginable tragedy.

In an effort to prevent this from ever happening again, dog experts and trainers and the like have been addressing this topic a lot lately. I would like to relay some of their input to those of you who do spend time around dogs.

It seems most people think of their pets as family and that is completely understandable considering they give us unconditional love and companionship. It is also easy to get comfortable in a routine with your pet especially if you have had the animal for a long time. But, according to the experts, we need to remember that dogs are animals, not pseudo-people. As such, they will behave like animals. Yes, statistically there are dogs that show more aggression than others but the fact is that any dog can be dangerous. Experts advice is to never leave a child alone or unsupervised around a dog regardless of how well behaved you believe the animal to be. Children under 5 are even more at risk due to their unpredictable behavior and fearful reactions which can trigger predatory aggression in dogs. Experts also advise education is key for people and animals. Teach your children how to interact with animals and how to read the animal’s body language and make sure your dog receives the appropriate training. A couple more good tips are when buying a dog or any pet, make sure to choose the right animal for you and your family, and, never forget good old common sense.

In Arizona, there are very specific laws when a dog bites or attacks someone. By statute, the owner of the dog will be held strictly liable for the injuries and damages sustained by the victim. The only defenses are trespassing (the victim had no right to be on the premises), or provocation (the victim provoked the animal). Typically, homeowners insurance will pay for these types of claims. (These laws will not help this poor Mesa family, as the dog was their own, and harmed a resident in their same household.)

Dogs are considered “man’s best friend”, and quite often that is true. However, there are a number of breeds that have been proven over time to show harmful tendencies, and thus, people need to make sure that “Fido” is an appropriate pet for the given circumstance. The adverse results, as we have seen here, can be catastrophic and irreversible. Our heartfelt sympathies go out to these people.

Dog Bites in Arizona

Phoenix Dog Bite Attorney

Many dog bites are not serious at all and many are never reported. However, those that are, have sparked widespread debates over how to prevent further attacks.

One popular topic for debate is ordinances or laws. There are those who support banning pitbulls versus those who support banning “dangerous breeds”. Then there are those who support restricting certain breeds and how they are contained while still others prefer fining owners of dogs that chase or attack people or animals.

In 2007 about 310,000 people were received in emergency rooms due to dog bites. If you live in a neighborhood with dogs or if you frequent areas where there are dogs, you might want to keep updated on the laws and regulations regarding dogs in those areas.

Contact an experienced dog bite lawyer if you or someone you know has been bitten by a dog. Most importantly, seek medical attention right away and then seek legal advice before discussing anything with any insurance company. Chris Zachar of Zachar & Associates has extensive experience handling animal attacks and dog bite injury claims.