Rotating Header Image

January, 2011:

Dog Bites | Where are You More Likely to be Bitten?

Jan 26th, 2011
by Alex and Gaxiola.
No comments yet

Dog Bite Dog Attacks ChildContinuing our series on dog bites and dog attacks, have you ever wondered where you are more likely to be bitten? There are many, many sites and sources that would have you believe that there is a dog bite epidemic, there is not. There is a lot of inaccurate information regarding dog bites and many sites and blogs post somewhat scary statistics regarding the high incidence of dog bites, dog maimings and fatalities.  Because the incidence of dog bites/attacks and the dog populations in the U.S. have not been correctly analyzed, there is not a sure-fire way to determine the actual risk factor.

However, having said there is no dog bite epidemic, dog bites and attacks can be extremely serious injuries and often life-altering events. One has only to look at the photos of children and victims of dog bites to understand the gravity of the long-term effects. It is critical that if you or a family member is attacked by a dog to get immediate help, both medical and likely legal.

5 Quick Safety Tips

  1. Watch your dogs especially around children and elderly.
  2. Train and socialize your dog.
  3. Educate your children on dog safety, remember 79% of all fatal attacks were on children under the age of 12.
  4. Watch for any aggressive behavior on the dog’s part.
  5. Spend time with a dog before buying or adopting it. Always use caution when bringing a cog into a household with an infant or toddler.

Where are You More Likely to be Bitten?

Karen Delise conducted an extensive study of fatal dog attacks from 1965 to 2001 (and has likely updated her findings since then).  Below you can see the result of her extensive research:

•    73% involved dogs within the boundaries of the owners’ property [Karen Delise]
•    The data also shows that pit bulls commit the vast majority of off-property attacks that result in death [DogBite.org Survey]
•    Only 18% (16 of 88) of the fatal attacks occurred off owner property, yet pit bulls were responsible for 81% (13 of 88 fatalities) of off-property attacks [DogBite.org Survey]
•    10% involved leashed dogs or miscellaneous circumstances [Karen Delise]
•    17% resulted from attacks by dogs roaming off their owners’ property [Karen Delise]
•    25% by chained dogs [Karen Delise]
•    25% by dogs in yard [Karen Delise]
•    23% by dogs inside the home [Karen Delise]

Surprisingly, it made no difference whether or not the dogs were chained as 75% involved in fatalities were not chained, and yet this has been frequently cited by animal rights proponents to cause aggression.

DogsBite.org founder Colleen Lynn adds, “The off-property statistical data about pit bulls shows just how dangerous they are.” She noted that six senior citizens were killed under these circumstances: “Two were killed while standing in their own backyard,” she said. “Four others were killed while taking a morning walk or getting the mail.”

For more information on dog bites or for a free consultation, please call our office at 602-971-1775 or visit our website www.alexandgaxiola.com

How to Recognize Email Identity Theft Scams

Jan 25th, 2011
by Alex and Gaxiola.
No comments yet

Identity Theft According to the Phoenix Police Department – Document Crimes Detail:

[Computer] Phishing is a scheme where criminals attempt to identify a legitimate email address by sending a familiar looking computer generated email message. Phishing can take place at the worksite, home or anywhere a computer user has access to email.

Phishing emails provide the recipient with a website link. If the link is ‘clicked’, the unaware user is sent to a fraudulent website. At the fraudulent website, the request for personal information such as a social security number, personal account numbers, or passwords may look legitimate.

These schemes can also occur via the telephone. The caller may even have some level of information regarding you personally which was obtained through other means, which they will use to entice you into believing the call is legitimate.

If someone has used your personal identifying information, such as your social security number, date of birth and name, to open lines of credit or to obtain services, you will first need to contact all 3 major credit reporting bureaus to place a “Fraud Alert” on your credit report.

When you call the following toll-free numbers, this will notify businesses that you may be the victim of fraud. See the Phoenix Police Department page for more details about identity theft.

Protect yourselves! See the follow article which help you to Recognize Email Identity Theft Scams.

For criminal defense information visit: www.criminallawaz.com

Dog Bites | Which Dogs are Most Likely to Bite?

Jan 21st, 2011
by Alex and Gaxiola.
No comments yet

Dog Bite Attacks & Dog Bites can Change Your Life - Who is at Risk?In previous posts we discussed whether or not there IS a dog bite epidemic, how much dog bites are costing homeowners in claims (2009 = dog bite claims totaled more than $412 million) and who has the highest risk of being bitten and so on. See related post at the end of this article.

Many studies have been conducted about which dog is most likely to bite. Pit bull and pit bull type dogs topped the list.

What Dogs are Most Likely to Bite?

  • Overwhelmingly, the dogs involved in fatal dog attacks were unaltered males. [Karen Delise]

No matter which report or whose data you look at, pit bulls do seem to top the list:

  • Pit bull type dogs were responsible for 59% (52 of 88) this is equivalent to a pit bull killing a U.S. citizen every 21 days during this 3-year period [DogBite.org Survey]
  • Pit bulls were involved in 42 (41.6%) of 101 deaths where dog breed was reported, almost 3 times more than German Sheppards (the next most commonly reported breed) [JAMA]
  • Deaths attributable to pit bulls increased from 20% in 1979/1980 to 62% in 1987/1988 [JAMA]
  • In the 21-54 age group, pit bulls were responsible for 82% (14) of the deaths. [DogBite.org]

The data indicates that pit bulls do not only kill children and senior citizens; they kill men and women in their prime years as well. [DogBite.org]

Dog Bites from 1982 - 2009 including Dog Bite Deaths and Dog Bite Maimings
Dog Bite Statistics for 1982 - 2010 including Dog Bite Deaths and Dog Bite Maimings

For more information on dog bites or for a free consultation, please call our office at 602-971-1775 or visit our website www.alexandgaxiola.com

Construction Accident – An Injured Worker’s Rights are Protected!

Jan 12th, 2011
by Alex and Gaxiola.
No comments yet

Mike Owens came to Alex & Gaxiola after being injured in a construction accident. 

In Owens own words, “I had a very good experience with Alex & Gaxiola.  They were very professional and treat you like you are family.  They always took time to information me of any changes in my case and were available when I needed them. I would recommend them to anyone who needs a good lawyer with integrity. And, again, Thank you Andrew and the staff of Alex and Gaxiola.”  – Michael Owens, January 1, 2011

For more information on dog bites or for a free consultation, please call our office at 602-971-1775 or visit our website www.alexandgaxiola.com

Injury-Accident Attorneys – Free Consult

Jan 11th, 2011
by Alex and Gaxiola.
No comments yet

At Alex & Gaxiola, we want everyone to know they have a chance to be heard, that their voice is important. During a free consultation we can genuinely discuss what probably outcomes for your event may be.

We have over 27 years of experience obtaining personal injury results, securing $20+ million in personal injury settlements in 2008-2011 for clients. Areas of practice include tractor trailer [big rig] accidents, motorcycle and auto accidents, construction accidents, dog bite/attacks, medical malpractice, catastrophic injury and wrongful death, bicycle and pedestrian accidents, defective products, swimming pool and water accidents [boats, etc. ], child injuries, head-neck and spinal cord injuries, Commercial Vehicle Liability, Cumulative Trauma, Electrical Injury and others. We also provides representation in the areas of criminal defense, civil, health care and business law in the Arizona Administrative, Superior and Appellate courts.

www.alexandgaxiola.com
www.criminallawaz.com
www.alexandgaxiolabusinesslaw.com

Dog Bites | Who Has the Highest Risk of Being Bitten?

Jan 6th, 2011
by Alex and Gaxiola.
No comments yet

Dog Bite Attacks & Dog Bites can Change Your Life - Who is at Risk?Karen Delise in her extensive 35 year study of fatal dog attacks in the U.S. reported that the most fatal dog attacks occurred in California and the mostly likely dog to attack was a pit bull or a pit bull type of dog. Delise in her inclusive report states:

  • 79% of all fatal attacks were on children under the age of 12
  • 12% of the victims were the elderly, aged  65 – 94
  • 9% of the victims were 13 – 64 years old
  • The age group with the highest number of fatalities were children under the age of 1 year old;
    • Accounting for 19% of the deaths due to dog attack.
    • Over 95% of these fatalities occurred when an infant was left unsupervised with a dog(s).

Age group with the highest risk of being bittenDelise further breaks these statistics down stating:

  • The age group with the second-highest number of fatalities were 2-year-olds;
    • Accounting for 11% of the fatalities due to dog attack.
    • Over 87% of these fatalities occurred when the 2-year-old child was left unsupervised with a dog(s)
    • Or, the child wandered off to the location of the dog(s).
  • Boys aged 1 – 12 years old were 2.5 times more likely to be the victim of a fatal dog attack than girls of the same age.

DogBite.org Notes that:

  • Of the six victim fatality age groups documented, the 55 and older group suffered the most fatalities 26% (23 of 88), followed by the 2-4 age group 22% (19 of 88).
  • 14% (12 of 88) of the fatal attacks on children ages 0-4 there was a “watcher,” a person such as a grandparent or babysitter watching the child. Of these attacks involving a “watcher,” 75% (9 of 88) involved a grandparent type.

The Canadian Hospitals Injury Reporting and Prevention Program Website found that bites from cats and dogs owned as pets is very common in U.S. and Canada with between 1 million and 2 million dog bites reported annually in both countries. In addition they found that:

  • Dogs are responsible for 85% of all bite wounds
  • 5-9 years old males are most frequent victims
  • In about 70% of the cases dog and cat bites are more serious in children as they are more likely to be bitten in the face, neck and head
  • Children account for the majority of deaths from animal bites that occur annually in the US
  • Up to 85% of dog and cat bites are caused by victims family or by a neighbor’s pet
  • About ½ of these bites are considered to be provoked

JAMA confirms the high incidence of fatalities in children from dog bites:

The CDC indicates that families who own a dog have a higher incidence of dog bites. As the number of dogs in the home increases, so does the incidence of dog bites. Adults with two or more dogs in the household are five times more likely to be bitten than those living without dogs at home.

For more information on dog bites or for a free consultation, please call our office at 602-971-1775 or visit our website www.alexandgaxiola.com.

Auto Accident Injury: 8 Things to Do Immediately

Jan 5th, 2011
by Alex and Gaxiola.
No comments yet

Auto Accident Injury - Personal Injury Fender BenderTHE CRASH

You have just been involved in an accident and you realize that your life may be turned upside-down, possibly for a long period of time. Your car is damaged, you may have suffered injuries, and likely to incur medical expenses and financial hardship.

With an average of 12.6 million motor vehicle accidents occurring yearly1 in the United States you’re bound to be involved in an automobile accident and quite possibly sustain some type of auto accident injury.  In Arizona in 2009 there were a total of 106,767 accidents, with 50,610 of them resulting in injury and 806 fatalities.2

Personal Injury Auto Accident Tip CardSomeone sustains an auto accident injury in a car crash every 14 seconds and about two million of the people injured in car accidents each year suffer permanent injuries.3

8 THINGS TO DO IMMEDIATELY
ACCIDENT GUIDELINES

Print and carry the accident tip card for your safety and convenience. Or contact our office to have one mailed to you.

1. Don’t panic. Do not leave the scene. Take an personal inventory. Did your car come to rest in a safe location? Are you injured?  Can you safely exit your vehicle?  Remain at the accident scene until police have arrived and do not leave until you have completed all details needed.

2. Am I injured? What is my best response? Your injuries may not be obvious because adrenaline may temporarily mask the pain and discomfort of your auto accident injuries.  Additionally, some injuries do not become symptomatic until several days (even weeks) after the accident. At the scene, you will likely be asked by the other driver, investigating police officer and witnesses if you are okay. The best answer is “Yes, I am injured,” or “I don’t know yet.” It is important not to make any statements that you are okay because you may feel miserable a few hours later.

When EMTs arrive, they will help you assess whether you should be transported to the emergency room. Explain to the EMTs in detail all areas of your body that are injured or “don’t feel right.” They will document what you tell them in case the other driver later claims that you are not injured at the scene.

3. Your cell phone is your friend. Use it to

  • Call 911 immediately
  • Take accident scene photos, and
  • Alert EMTs of your emergency contacts

Call 911 and do not move your vehicle before the police arrive (unless the impact is minor and your car is causing an obstruction to traffic). The other driver may suggest moving the vehicles or that calling the police is not necessary. Make certain the police are called to the scene.

Only if the collision is minor in nature and blocking traffic should drivable vehicles be moved off the traveled portion of the roadway. However, if possible, before moving the vehicles photograph the entire accident crash site.

Enter Emergency Contact Information into Your Phone to Assist Police Officer and Rescue WorkersA picture is worth a thousand words. Photograph, or have someone photograph for you, where the vehicles came to rest after the car accident. Photograph the property damage to your vehicle and all other vehicles involved in the car accident. If there is road construction, be certain to photograph the relevant part of the construction. It is important to photograph any debris or skid marks from the collision.  This will identify exactly where the point of impact occurred during the car accident.

Keep emergency contact information in your cell phone. Emergency medical personnel and first responders have been trained to look for EMERGENCY CONTACT INFORMATION in cell phones under the contact name ICE (In Case of Emergency).  Store the name and phone number of your emergency contact[s] under ICE in your phone. Click on the example to the right to see an larger view.

4. Give your statement to the investigating police officers. If you do not require immediate transportation to the emergency room, it is important to explain to the investigating police officer how the accident occurred. The other driver may not tell the whole story or may tell a complete fabrication as to how the accident occurred.

Witnesses sometimes are helpful; other times they do not see the entire accident event and therefore, provide inaccurate or incomplete information. Do not rely on others to inform the investigating officer how the accident occurred. Be prepared to explain what the other driver did wrong.

The police officer will write a traffic accident report and may be a witness as to what was said at the scene.  It is important to set the record straight right from the beginning.

5. Follow-up medical assessment and care. If you are not transported by the EMTs to the emergency room, it is important for a medical professional to document your auto accident injury. It is best to be checked-out at an emergency room, urgent care center or, at a minimum, by your primary care physician. Tell your medical provider about all areas of injury, bruises, soreness, stiffness, point out any seat belt marks, etc. Briefly describe how the accident occurred to your medical provider, but do not embellish the facts of the accident.

6. Get information about the other driver and any witnesses. If the police are delayed or do not arrive, get the following information from each other driver involved in the accident:

Accident Information Worksheet from Personal Injury Attorneys Alex & Gaxiola
  • Driver’s name, address, telephone number, license plate number, driver’s license number
  • Driver’s Insurance policy number and other relevant information
  • Record any witness information: Write down the name, address, phone number, and email address of any witnesses

Failure to get this critical information could affect the outcome of your claim/case. Use the A&G Accident Sketch & Info Gathering Worksheet in your glove compartment.

7. Know what documents you need to have with you at all times:

    Print Your Own Medical ID Card to Carry with You in Case of an Emergency or Accident Injury
     
  • Valid Driver’s License
  • Vehicle Registration
  • Valid Auto Insurance Card
  • Pad of paper and a pen/pencil in your glove compartment for notes
  • Cell Phone or disposable camera for emergencies
  • Medical Emergency Card, create one for free here
  • Print and keep a copy of the A&G Accident Sketch & Info Gathering Worksheet in your glove compartment

    • 8. Let the professionals establish fault. Any dispute about fault regarding your auto accident injury should be handled later (not at the accident scene) with insurance companies and legal counsel, if necessary.  Professionals educated in accident law will be able to establish fault and assess percentage of fault in the event that both drivers were contributory to the car accident.

    In some instances, assessing fault can be complicated and require experts and discovery.  You can do your part by:

    • Being truthful about what occurred, without using words like “my fault.”
    • Accurately describe the other driver’s wrongful driving. If you believe the other driver caused the accident, then it is okay to tell the officer or insurance adjuster that the other driver was at fault.
    • Being prepared to tell why the other driver was at fault.
    • Being prepared to give accurate accident information. If you give a statement to an insurance company, have a copy of the police officer’s diagram in front of you, or use your own accident sketch diagram. Many cases are jeopardized or lost because of a confusing statement due to unfamiliarity with the scene, guessing as to the names of the roads, not knowing the speed limits or the direction of travel of the vehicles and other important information.
    • Not discussing any settlement at the scene.
    • Not agreeing to pay for any damages

    Arizona is a pure comparative fault state.  The other person’s insurance company may attempt to place some fault on you (even if you are not at fault) in order to diminish your property damage and auto accident injury recovery.

    We recommend that you do not give a statement to the other driver’s insurance adjuster. Instead, contact Andrew or Richard at Alex & Gaxiola at 602-971-1775. Your auto injury lawyer at Alex & Gaxiola will prepare you to give an accurate recorded statement of the accident.

    Remember: The decision of who is at fault can impact your car accident claim, auto accident injuries and future car insurance rates.

    How to Choose an Accident Injury Lawyer

    Alex & Gaxiola, auto injury lawyers, have over 26 years successfully representing clients in motor vehicle accidents. We have the experience, expertise and proven results to help accident victims, even in the most complex auto accident injury cases.

    Alex & Gaxiola legal firm represent clients in Phoenix-Scottsdale metropolitan area as well as the entire State of Arizona. Call now for a free consultation of your injury or wrongful death case to speak to our auto injury lawyer at 602-717-0631, or visit www.alexandgaxiola.com.

    Sources:
    1 Based on an average of data for years 1980-2007, U.S. Census Bureau, The 2010 Statistical Abstract, The National Data Book, http://www.census.gov/compendia/statab/cats/transportation/motor_vehicle_accidents_and_fatalities.html
    2 2009 Motor Vehicle Crash Facts for the State of Arizona, prepared by: The Arizona Department of Transportation, Motor Vehicle Division, Publication Date: September 29, 2010
    3 U.S. Department of Transportation Fatality Analysis Reporting System (FARS) for 2008