It was recently reported by SignOnSanDiego.com that a San Diego woman died on Christmas Eve from complications due to injuries she suffered in a vicious mauling by her neighbor's pit bulls earlier this year.
Seventy-six year old Emako Mendoza lost part of an arm and a leg because of the June attack, which took place when she stepped outside of her home to pick up her morning newspaper.
The County Medical Examiner's Office reported that the death was linked to injuries Mrs. Mendoza suffered in the pit bull mauling. Neighbors Alba Medina Cornelio and her daughter, Carla Ramirez Cornelio, were arrested on June 29, 2011 and each charged with two felony counts of having an animal that caused serious injury, as well as additional misdemeanors.
Prosecutors are also considering additional charges.
Pit Bull Attacks & Legal Rights
Dog bite attacks are unfortunately common with certain breeds of dogs - in particular, pit bulls. These dogs cause serious injuries and attack people, often because of their aggressive nature and the power of their bite. Typically, a pit bull does not bite just once, but continues to attack until its prey succumbs.
California has a strict liability dog bite statute which states that the owner of a dog is liable for injuries inflicted by his/her dog if it bites a person who is either in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness (California Civil Code Section 3342).
The dog owner is strictly liable, regardless of whether the dog had ever bitten before or shown aggressive tendencies. In California, a dog does not get "one bite free."
A. Jason Kerckhoff is a San Diego personal injury lawyer and the President of Kerckhoff Law, APC, a San Diego wrongful death law firm dedicated to representing people who have been seriously injured or killed, and the families of loved ones who have suffered death caused by the negligence of another.
A. Jason Kerckhoff has been successfully obtaining excellent results for his clients for more than twenty-five years. He has the highest rating in Martindale-Hubbell, which is the preeminent company that rates attorneys not only for their abilities, but for their ethics. These ratings are obtained by peers in the San Diego community, and a small percentage of lawyers are privileged to have achieved this rating.
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