Dr. Phil Sued Over Los Angeles County Dog Attack
Dr. Phil and his wife Robin are the defendants of a Los Angeles dog bite lawsuit filed by their former friend Janet Harris. In her Los Angeles personal injury complaint, Harris claims that the couple's dog Maggie attacked her without provocation or warning.
As a result, Harris says that she sustained abrasions, cuts, and deep puncture wounds. She had to hire extended home nursing care during the seven days she was on antibiotics, steroids, and IV therapy.
Dr. Phil adopted Maggie, a Korean Jindo, in 2009. Harris says that the McGraws knew that the dog could be unpredictable and had a history of biting persons and other pets. She says that the Dr. Phil and his wife failed to get medical help for her even though she experienced "severe physical pain and mental anguish." Harris wants Los Angeles personal injury compensation for her medical expenses, income loss, general damages, and pain and suffering.
Per California's dog bite statute, a dog owner can be held liable for damages if the dog bites a person who is lawfully allowed to be on the property where the incident happened. The pet owner's prior knowledge of whether or not the dog is vicious is irrelevant. Also, there is a leash law requiring that a dog owner keep the pet on a leash unless it is confined to the home or within a fenced property. Depending on the circumstances surrounding the incident, if the Los Angeles dog attack occurred on property that is not owned by the dog owner, the premise owner may also be held liable.
Unfortunately, dog bite accidents happen. While owners must do what they can to prevent such incidents from happening, there are also steps you can take to protect yourself, such as, approaching a dog that doesn't know you, putting your face too close to the animal, leaving an unattended child with the dog, bothering it when it is eating or taking care of its puppies, or startling, teasing, or bullying the dog.
Premises Liability LA: Celebs Not Immune to Dog Bite Laws, Lawyers and Settlements, February 4, 2011
The Lawsuit (PDF)
Related Web Resources:
California Dangerous Dog Provisions, Animal Legal and Historical Center
Dog Bites, Nolo