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Dangerous Dogs - Does Breed Matter

Jeremy Thurman — Sun, 12 Jul 2009 12:15:00 GMT

Deadly Dogs and the Dirty Truth: In 2007 Michael Vick was identified as a key player in an unlawful dog fighting ring. In turn, this has generated much debate over dangerous dog breeds and the injuries they inflict. According to the CDC (Centers for Disease Control and Prevention) approximately 4.5 million people are bitten by dogs each year. Of these 4.5 million bites, 885,000 are serious enough to require medical attention. Most victims requiring medical attention were children. In more than two-thirds of the cases reported, the attack was the dog’s first known dangerous behavior.

Dangerous Breeds: In 2008 there were 23 fatal dog attacks in the United States. Pit-Bull type dogs were responsible for 65% of these attacks, Husky 13% and 22% other breeds. The accounts for each of these fatalities can be found at Dog Bite.org. According to a study of attacks occurring between 1982 and 2006, the most dangerous types of breeds include: Pit Bulls, Rottweilers, Presa Canrios and their mixes. Most dangerous breeds tend to attack children more than adults. However, Pit Bulls do not discriminate; they attack adults just as often as they attack children. In the United States, Pit Bulls make up 1 to 3% of the overall dog population and they cause more than 50% of serious attacks. Other dangerous breeds include German-Shepherd, Chow, and Akita. States vary on their laws regarding dog bites. Some states allow for one-bite before the owner is held liable, others have strict liability laws and hold the owner accountable even if it’s the first bite. Yet, some states have mixed statutes regarding dog bites. Oklahoma’s legal system favors victims of dog-related injuries. The law is a strict liability law that holds the owner liable so long as the victim was not trespassing and didn’t provoke the dog. Just recently, an 8-year old girl in Oklahoma City was attacked by a neighbor’s Pit Bull. The neighbors, as well as the girl’s parents, believe that the dog was only playing or that it became defensive since the young girl was on the neighbor’s property and the neighbors were not home. The dog had to be put in a headlock in order to be taken off the girl. She suffered bites to her knees and backs of her legs. In other news headlines, a two-year old child in Ardmore Oklahoma was attacked by the family’s Pit Bull and had to be taken to the hospital for facial injuries.

The headlines of dog attacks are endless. Reader’s Digest recently reported on an incident involving a four-year old boy from Tulsa, Oklahoma. The boy was mauled by a neighbor’s Pit Bull and Shar-Pei. The thirty-seven pound boy had played with these dogs many times before without any problems. The Shar-Pei had the boy’s thigh in his mouth while the Pit Bull had its jaws clamped around the boy’s head. Luckily, other nearby neighbors heard the boy’s screams and were able to rescue him. Had they not heard the boy, this incident would most likely have ended in tragedy.

Dog bite attacks and injuries too often result in death and permanent injury. Even though a neighbor's dog or your family dog has never shown signs of violence or bad behavior, the impact of one bad encounter can last a lifetime. There are ways to reduce the liklihood of these occurences. Take measure to ensure your safety as well the safety of your loved ones. Should you experience an attack, report it to local authorities and seek legal advice promptly.

Oklahoma is a strict liability state for dog bite injuries. That means that in most instances the homeowner cannot even allege you were somehow negligent. Typically, any injuries you or a loved one suffers from a dog bite are covered under the owner of the dog’s homeowner’s insurance policy. The attorneys at McIntyre Law have experience litigation these matters and are prepared to aggressively represent you against insurance companies who would readily settle these cases below value.

Originally posted at InjuryBoard by Jeremy Thurman

9 People Confirmed Dead in NE Oklahoma Tractor-Trailer Accident

Jeremy Thurman — Fri, 26 Jun 2009 23:41:16 GMT

As national headlines focus on the passing of Michael Jackson and Farrah Fawcett, a tragedy of worse proportion happened in Oklahoma today. According to Newsok.com, 9 people are now confirmed dead after a tractor-trailer slammed into a line carss stopped by an earlier accident involving a tractor-trailer. The accident happened on the Will Rogers Turnpike northeast of Miami

According to the Highway Patrol and newsok.com,

Investigators don't believe the driver of the tractor-trailer tried to stop before the crash that left eight adults and one child dead, Brown said. The speed limit in the area is 75 mph. A criminal investigation was being conducted, as is routine after a fatal accident, and blood was drawn from the truck driver.

This is a tragic accident on a hot sunny day in Oklahoma. The pictures of dangled metal, fluids and crushed cars on the Oklahoma is astounding and I can simply say my prayers are with the deceased and injured. At a normal time, this might garner national headlines. However, with Michael Jackson’s passing, sadly that won’t be the case.

I hope at some point the issues associated with interstate truck driving come more to the public light. I have no idea of why this driver failed to even slow down, but in my experience in litigating these types of incidents, often times these truck drivers are pushed to drive fast and too many hours by various trucking companies. While this blog is reporting of this tragic accident, I will be discussing in the near future various issues relating to trucking companies and the secrets they don’t won’t the public to know.

UPDATE: The AP is reporting that there are two survivors of the above Oklahoma traffic wreck that killed nine people. A 12 year old young lady and 35 year old woman are listed in critical condition according to the article. As a father of three girls this is truly heart wrenching so please keep these two people in your prayers.

I also wanted to point out that the article says that the

police said they will give prosecutors the results of their investigation to decide whether to bring any charges after the chain-reaction crash on the turnpike that saw some victims pinned in the wreckage for up to nine hours.

Keep in mind that criminal charges don't equate to civil charges. Irregardless of whether criminal charges are filed their is obviously gross negligence on the part of the truck driver. As an attorney who actively works in trucking litigaton, one can only wonder about the circumstantial facts regarding the age of the trucker and the liability the trucking company may have.

Originally posted at InjuryBoard by Jeremy Thurman

Texting While Driving - A National Pandemic

Jeremy Thurman — Wed, 08 Jul 2009 12:56:02 GMT

Do you text? Do you have a Smartphone where you are constantly checking emails? I friend of mine conveniently refers to a Blackberry as a Crackberry. Even my five-year old knows that when daddy’s little red light is blinking on his Blackberry, that means he has an email. Truth is, texting and emailing are becoming a catastrophic problem on our roads.

According to a CNN article written by “AOL Autos” if avoid text messaging in your car, you stand a substantially reduced chance of a loss of a claim or, indeed, a loss of life, recent studies suggest. Texting while driving, or fiddling with myriad devices including your cell phone, BlackBerry or GPS system, is a leading factor in accidents across the nation. The article states that:

One study by Nationwide Insurance suggests DWT is generational, with 37 percent of people age 18 to 27 saying they text message while driving, while just 14 percent of those ages 28 to 44 and two percent of drivers ages 45 to 60 admitted to it.

Originally posted at InjuryBoard by Jeremy Thurman

The Duty of a Father

Noble McIntyre — Mon, 27 Jul 2009 12:00:08 GMT

I just finished reading the graphic and horrifying story of the young eight year old Phoenix girl lured to a small shed by four boys aged 14, 13, 10 and 9 and then brutally raped by all four who took turns holding her down. It is difficult to describe the roller coaster of emotions I experienced while reading the story. I am the father of three beautiful young daughters that are more important to me then my own life. Were a similar event to happen to one of my girls, there is no limit to what I would desire to do exact justice. Go watch the movie Taken and you will get some drift of what my mental state would be. Vigilante justice may be condemned by the law, but despite the fact that I am a lawyer, it would not be the laws of man that would stay my hand. It is only because I ultimately answer to God that I would “try” to stand by as the legal system ran its course. However, even with that limitation, I am simply unable to make any promises. The truth is I would probably just obtain my revenge and seek forgiveness later.

Why would a law abiding Christian trial lawyer speak of retribution through violence you ask? I’ll tell you why. Daddies defend their daughters – at all costs - it’s just the way it is supposed to be. In fact I once asked my oldest daughter if she knew what my job was. She responded “Daddy, you are a lawyer”. I told her being a lawyer was my profession but not my job, that my real job was to protect her and her sisters, even at the risk of my own safety. I gave her a very visual example so that she would understand the depths of my duty to her and her sisters. I asked her to picture a big, mean, snarling, vicious dog coming toward her with fangs bared intent on biting and attacking her. I asked her if that would scare her and of course she responded that she would be very afraid. I let her know that I would be terrified too, but that even though my instinct would be to run away from the dog, if that vicious dog, filled with brutality and strength, was headed toward her, I would instead run at the dog and would position myself between her and the dog so that she could escape to safety. That is what Daddies do. Even at the risk of great personal danger, a father has the duty to defend his children. There is no risk to great and no excuses that allow for any other course of action. A father should never fail to protect his children – never. There are no allowances and no circumstances that permit such a failure.

Unfortunately the father of this poor little Phoenix girl has not assumed his mantle of responsibility. Instead, he has chosen to abandon his child. He is a failure of the highest magnitude. That evil exists and that little girls are preyed upon – even by other children – does not surprise me. But that a father, at the most vulnerable and terrifying moment of his young daughter’s life, will abandoned her instead of taking her in his arms and wiping away her tears with reassurance of his love, well that shocks me. That this father, if that is what he can be called, has turned his poor little baby over to the state telling a case worker “take her… I don’t want her” and then blaming her for being raped and for bringing shame to the family, that shocks me.

His young daughter physically and brutally raped by 4 predators last week and instead of wrapping arms of comfort around her and assuring her that it would be all right, he chose instead to mentally rape her. He stole from her trust, comfort, love and security. He should have stood as her protector but was unwilling or unable because he is a worthless and poor excuse of a man, without honor and lacking any redeeming qualities. I do not care that he is Liberian and do not care that his culture permits the brutalization of the weak and defenseless so long as they are female. A coward is a coward by any name in any region.

It would seem the four young predators chose their victim well. She was too young to fight back and had a coward for a father. I am saddened for this little girl. I am hopeful she recovers and am even more hopeful that someday she meets a real man with true honor and that he will protect her where others have failed.

Originally posted at InjuryBoard by Noble McIntyre

Tulsa Infant Killed by a Puppy

Jeremy Thurman — Sat, 02 Aug 2008 23:07:39 GMT

One of the most tragic dog bite accidents I have every heard of recently happened in Tulsa Oklahoma. Newsok.com is reporting that 2-month-old infant was attacked and killed after being mauled by a Labrador puppy, Authorities believe the infant was left unattended in a swing with the dog attacked.

I have seen and litigated several dog bite accidents. I have seen children hurt and mauled as well as grown adults. Usually these accidents seem to be the result of what most of us would consider more dangerous breeds such as pitbulls. That said, our prayers are with this family and this little child. We should all take a look and remember the dangers of leaving any child unattended with any animal no matter how unassuming the animal is.

Originally posted at InjuryBoard by Jeremy Thurman

Tulsa Infant Killed by a Puppy Part 2

Jeremy Thurman — Wed, 06 Aug 2008 15:54:16 GMT

I have received several comments about the above post I wrote last week. Most are how dare I slander pit bulls or bring breeds into as it is always the owners fault that a dog hurts or bites someone.

I would like to post the following in response to all those commentaries. First, in many cases it is the owners fault. Shame on owners who breed these dogs to be vicious attack animals. However, it doesn’t take a lawyer to figure out that many breeds are more dangerous than others. I want to relay a personal example of what I’m talking about.

Back when I was dating my wife, I had a Shar pei given to me as a puppy. His name was Jaxon and he was a beautiful dog. I raised him with love and as a big baby. He slept in my bed with me and was treated wonderfully. He went through obedience training and could do every trick in the book. Nonetheless, the dog was extremely territorial of my property. You didn’t dare enter my home unless I had a muzzle on him or he was locked in another room. The dog bit my wife several times and luckily she stayed with me. I talked to many vets and was desperate to do something because I was engaged to marry this woman and he didn’t like her or anyone, including children.

I didn’t raise him that way, he was borne that way. I loved him as a little dog and never taught him mean tendencies or to be aggressive. When I married I had to give him to my parents. My parents did the same thing and he was constantly around my parents and sister and her two children. On more than one occasion he tried to bite one of my nieces but was warded off by my father. Then finally he caught my child on the foot that required her to have two stitches. That was enough. As much as it pained me and my father to do this to a cherished pet, we took him to the vet and asked if there was anything we could do. The vet said no. He said to give him to an unknown person would kill him and the best thing to do was put him asleep. I’ve never felt so bad in taking a healthy beautiful loving dog and putting him to sleep because I was afraid he was going to hurt a child. My dad and I left almost in tears.

So for those who want to deride me about breeds, I know better. Its not always the owners fault and certain breeds have an inherent dangerous quality to them. That’s why dog bite accidents, in particular this Tulsa one, are so horrifying.

Originally posted at InjuryBoard by Jeremy Thurman

Police Kill 5 Year-Old Boy While Shooting at Snake

Jenny Albano — Mon, 06 Aug 2007 14:30:49 GMT

A police officer that was trying to kill a snake fired a stray bullet that hit and killed a 5 year-old boy who was fishing in a nearby pond.

Austin Haley was fishing with his grandfather, Jack Tracy, on Friday, August 3 when the accident occurred. Tracy stated that he heard and saw a bullet fall into the water only a few feet away from the boat they were fishing in and then seconds later there was another shot that hit the boy in the head.

Tracy first thought that they were under attack so he put the boy in his vehicle and drove him to his mother's house only a few hundred yards away. The boy was pronounced dead at an Oklahoma hospital later that night.

Investigators think that a police officer, who was trying to kill a snake in a resident's tree, fired the deadly shots. The City Manager, Bob Wade, would not identify the name of the officer who is suspected of firing the shots. Wade states that the officer has been placed on paid administrative leave pending the outcome of the investigation.

Officials say they are almost certain that the police officer's bullet was the one that killed Haley, but they will still have a full investigation.

The grandfather is sure that the bullet came from the police officer's gun.

"I'm not saying the cop shot him on purpose," Tracy said. "It was an accident. But let me tell you -- if I had a kid and put him in this car and didn't put him in a car seat and he got killed on the way to town, they'd charge me with murder ... and what this cop did is a lot worse than that."

For more information on this subject, please refer to our section on Wrongful Death.

Originally posted at InjuryBoard by Jenny Albano

Truck Driver vs. Trucking Company - Who Is To Blame

Jeremy Thurman — Tue, 07 Jul 2009 11:24:18 GMT

I posted frequently the last month on the deadly nature of tractor-trailer accidents. The posts are meant to be informative and show the dangers of these sometimes 80,000 lbs behemoths as they travel our interstates and highways. I would be the first to say that most truck drivers are good honest hard working Americans simply attempting to provide for their family. There are exceptions to that rule when drivers are caught using drugs and alcohol in an accident but for the many miles driven on our roads, these truck drivers are simply trying to earn a living.

So you may be wondering what goes wrong? What causes these hard working Americans to sometimes push these death machines to their limit whether by speeding, inattentive driving and/or dangerous driving. I would unequivocally state that the vast majority of the time it’s the trucking company. See these truck drivers are not making millions of dollars and in fact many barely make the median incomes of their state. They are more often than not pushed to make absurd delivery times by their bosses which requires them to speed, drive over the legal limit of hours and do other things they wouldn’t normally do but for the overwhelming desire to put food in their families mouth.

After all this, you the reader may be wondering why is a trial lawyer seemingly defending truck drivers? I wouldn’t call it so much defending as its stating the realities of over the road truck drivers. These men and women don’t want to cause you harm but they are pushed to the brink by the companies.

I was talking recently to a tractor-trailer driver who pretty much stated what I did above. He mentioned that there have been times in his decade long career that he has been given delivery times that are unattainable but for him breaking the law. In every instance he was told by a company authoritative figure to make the delivery. This is the same man who told me a week ago he had less than $150.00 to feed his family for the next two weeks. Now tell me, is he going to make this run? The answer will usually be yes when you have mouths to feed.

Originally posted at InjuryBoard by Jeremy Thurman

Pit Bull Attack Harms Two Oklahoma Men

Jeremy Thurman — Sun, 26 Jul 2009 23:56:01 GMT

I’ve blogged extensively over the last month regarding dog bite incidents, Oklahoma law regarding dog bites and discussed the dangers of more aggressive breeds as well as the correlation that environmental factors may play into a dog’s propensity to attack a person. I’ve further been repeatedly attacked by “pit bull” owners who seemingly disregard the dangers of these dogs. Whether environmental, genetic and/or both, a sad incident in Midwest City Oklahoma occurred today where a 52 year-old handicapped man was severely mauled by two pit bulls while another man suffered injuries at the hands of these dogs.

According to the News Channel 4 out of Oklahoma City

a 52-year-old man with a pre-existing physical disability that limited his mobility was taken to Midwest Regional Medical Center with "severe leg injuries." A 27-year-old man was treated at the scene for bites on his legs

The article goes on to say that one dog was killed by a shotgun blast from a police officer while the other fled into a house through a dog door.

A Midwest City police spokesman stated that

We will be seizing the dog that's alive and citing the owners for harboring a vicious animal and allowing the animals to run at large

Whether you believe in “dangerous propensity” or believe solely in environmental factors of aggressive behavior, this is a sad situation and those harboring these animals must be brought to justice. Can you imagine the medical bills this 52 year-old man is incurring as a result of this incident? There is no excuse and the law of Oklahoma requires that the owners of these dangerous animals that were allowed to “run at large” pay both the medical bills and pain and suffering of these men.

Originally posted at InjuryBoard by Jeremy Thurman

Should The Legal Drinking Age Be Changed from 21 to 18?

Jeremy Thurman — Tue, 19 Aug 2008 14:55:28 GMT

I recently read where a group of college presidents want to lower the legal drinking age from 21 to 18 in an attempt to combat binge drinking on their campuses. The story is foxnews.com and discusses the basis for why the group wants to lower the legal age.

The FOX article states that Mothers Against Drunk Driving (MADD) “says lowering the drinking age would lead to more fatal car crashes.” I went to the MADD website and saw where they had reported that “of the over 159 million alcohol-impaired driving trips estimated that Americans took in 2002, over ten percent (18 million trips) were made by 18-20 year olds.” They further reported that the frequency and amounts of teen drinking has consistently increased over the last few decades.

So since this is opinion driven, I want to state my opinion on whether eighteen year olds should be able to buy alcohol. I believe it would be a dangerous situation for our motorists and pedestrians. Many kids this age are mature enough to handle it, but I believe more are not. This would equate to giving kids access to alcohol and I find it doubtful they understand the full consequences of drinking and driving.

I would wager that should the law change, we would see an exponential increase in DUI’s for 18 – 20 year olds and in turn more dangerous accidents.

Simply, I say no to decreasing the legal age to buy alcohol.

Originally posted at InjuryBoard by Jeremy Thurman