Oklahoma Injury Lawyer Blog

An American Pit Bull Terrier muzzled. Español: Un Pit Bull Terrier Americano con bozal. (Photo credit: Wikipedia)

A vicious dog attack has put two north Tulsa women in the hospital. As Oklahoma's Own reports, the owner of the dog that committed the attacks has already been ticketed, and may be held liable for the injuries the pair sustained.

The victims of the attack were Beverly Wright, 43, and Irene Parker, 78. The women are currently in fair and serious condition, respectively. The pit bull who attacked them was shot to death by a neighbor who heard the pair's screams.

The owner of the pit bull will receive at least two citations, one for having an unneutered dog inside city limits, and another for not registering the dog. It is still unclear, however, whether the owner will be held liable for the attack.

Dog bite cases such as this hinge on strict liability. In this case, the two women had knocked on the man's door. The man opened the door and the dog ran past him to attack. Because the victims were lawfully at the front door, and the dog presumably attacked them without first being provoked, the owner may be held liable. Dog owners should be sure to take extra safety precautions with dog breeds that are prone to be vicious. For example, had the owner of the dog been aware of the possibility of the dog attacking visitors, the owner should have put him in another room before opening the door.

A judge has recently ruled that a service dog that bit a woman multiple times will be euthanized. The euthanization is currently pending appeal.

The dog, named Dutch, is an American Allaunt. This type of dog is typically bred for guarding and hunting. Before the attack, Dutch was training to be a service dog in Oklahoma. Dutch currently assists his owner, Afghanistan and Iraq war veteran Jeremiah Aguilar, in dealing with his PTSD.

The victim of the attack was Dutch's previous owner, who agreed to watch Dutch while Aguilar was out of town. The attack occurred after the victim found Dutch fighting with a Pit Bull. She struck Dutch in an attempt to free the Pit Bull. After she freed Dutch and brought him inside the house, the dog attacked her. She did not call the police or emergency workers because she feared the dog would attack them as well.

Aguilar does not believe the dog is vicious, stating, "If I thought he was vicious for one second, it would already be done . . . I would have taken what punishment I was to get. But it's just wrong because he's not vicious. He's a family dog. He loves everybody. He's friendly, he's kind and he doesn't have a vicious bone in him."

In the past 48 years, 18 Oklahomans have died from dog bite injuries. Nationwide, 4.5 million Americans are bitten by dogs every year. In light of these alarming statistics, a recent article in The City Sentinel, discusses the three important factors in reducing dog bites: (1) public education, (2) humane care, and (3) socialization.

A recent National Canine Research Council ("NCRC") report encourages dog owners to educate themselves on the importance of caring for and controlling dogs in a humane way. This study revealed that the number of dog-bite injuries nationwide dropped as more states enacted and enforced leash laws.

The report further showed that, in most cases, the biting dog was abused and neglected by its owner. Such abuse and neglect includes isolating the dog, confining it with a chain, and ignoring medical problems. According to the NCRC, one in three dog owners of those dogs that bit a person in 2011 was charged with a crime such as manslaughter, criminally negligent homicide, and endangering the welfare of a child.

According to Central Oklahoma Humane Society president Christy Counts, "The evidence is overwhelming that proper socialization as well as spaying/neutering is critical to maintaining a safe population of dogs in our community. Chained up dogs and backyard dogs not included in daily family life quickly become a hazard to public safety."

In the wake of proposed legislation that would allow Oklahoma municipalities to ban ownership of certain kinds of dogs, Oklahoman dog owners may be more interested than ever in learning how to properly train their dogs. In a recent interview published in Forbes, the world's most respected authority on dog training and behavior, Dr. Ian Dunbar, offers suggestions on how dog owners can best train their pets.

According to Ian, dogs have three problems: manners, behavior, and temperament. These problems, he believes, are best dealt with at an early age. When owners have small puppies, Dunbar uses a "visualization process" to help owners understand that puppies cannot be allowed to do things that would be unacceptable if adult dog did them.

The visualization process begins with "showing them [dog owners] the cutest puppy . . . Underneath is a bladder and bowels and teeth. He's deceptively cute . . . And I show them a picture of an adult dog's mouth . . . Everything your puppy does, I want you to visualize him doing that as an adult animal." Preventing unwanted behavior when dogs are young is easier and more successful than curing unwanted behavior in adult dogs.

Importantly, dog owners need to remember that dog training is not a once-a-week event. Owners should be constantly training their dogs, and if they choose to go to training classes, that is a place for a trainer to review the owner's progress.

If you are currently looking for a reputable dog trainer, Dr. Dunbar suggests consulting the Association of Pet Dog Trainers. At their web site, you can search dog trainers by zip code.

Beautiful Pit Bull (Photo credit: Tobyotter)

Oklahoma Senator Patrick Anderson is currently proposing a law in an attempt to reduce the number of people who are bitten by dogs in Oklahoma. The law, titled Senate Bill 32, would allow municipalities within the state to ban residents from owning specified breeds of dogs. It is currently illegal for Oklahoma municipalities to prohibit dog ownership based on breed.

Senator Anderson believes the bill will protect citizens from dangerous dogs. The article suggests that some dog breeds, namely pit bulls, are more likely to be banned than others. According to Senator Anderson, "[The bill] doesn't specifically target pit bulls, but it says a community can choose to ban a specific breed if they choose to do so. Most of the discussion I have ever had about the topic center around pit bulls."

If the legislature passes the bill, it will only need the signature of Governor Fallin to become law.

Every day, 1,000 Americans nationwide require emergency treatment for injuries sustained as the result of dog bites. The Insurance Information Institute ("III") reports that in 2011, the average cost of such dog bites for the respective dog owners was approximately $29,396. This number is 12.3% higher than the average cost of a dog bite in 2010. According to the III, the increase is at least partially attributable to higher jury awards (which corresponds to the necessary medical treatment) given to plaintiffs.

If you or a loved one has been bitten by a dog, the dog's owner may be held liable to pay various resulting expenses, such as lost wages, pain and suffering, and disfigurement (scarring). Oklahoma law provides that: "The owner or owners of any dog shall be liable for damages to the full amount of any damages sustained when his dog, without provocation, bites or injures any person while such person is in or on a place where he has a lawful right to be."

When considering what amount of damages to award to a plaintiff, a jury can consider a multitude of factors, including:

• Past and future physical pain and suffering
• Past and future mental pain and suffering
• Age
• Physical condition immediately before and after the accident
• The nature and extent of the injuries
• Whether the injuries are permanent
• The physical impairment
• The disfigurement
• The loss of earnings and time
• Impairment of earning capacity
• The reasonable expenses of necessary medical care, treatment, and services, past and future

Yesterday's NY Times posted some interesting statistics on Insurers Feeling Pain of Dog Bites.  The average dog bite claim exceeds $24,000 and claims are up 4.8% nationwide. 

Dog bite law in Oklahoma pretty straightforward.  The owner of the dog is liable for any of the damages if:

1. The attack was without provocation; and
2. The victim had a lawful right to be there