Mailman’s Death in Fatal Dog Attack Investigated

In Oceanside, the death of a postal worker in currently under investigation by the police after a dog attack caused him to fall and suffer serious head injuries.

Ironically, the fatal dog attack happened just after National Dog Bite Prevention Week. The Postal Service even sponsored a public service campaign, which clamored for increased owner responsibility to prevent dog attacks.

Hao Yun “Eddie” Lin, a 33-year old father of three who relocated his family from Los Angeles, was covering his co-worker’s shift and mail route when he was chased down by an unrestrained Rottweiler which jumped on him causing him to hit his head hard on the ground.

Lin was taken to the hospital where doctors tried but failed to treat Lin’s brain swelling and bleeding. He died 9 days later after the attack.

Although the dog has been euthanized following the attack, the investigation is ongoing on whether the owner should be facing charges for the death of Lin.

According to the Center for Disease Control and Prevention, dogs bites victimize more than 4.7 million people every year. Postal employees and mailmen, aside from children, are some of the most commonly attacked people by dogs. Postal officials have reported that last year alone, more than 2,800 mail carriers were bitten by dogs. Allegedly, most attacks occurred in California, particularly in Los Angeles and Orange County.

The law in California recognizes the strict liability doctrine in cases of dog bite attacks. This means that even if it was the first time the dog attacked or bit a person or even if it had no prior history of violence, the dog owner shall be held liable for a dog bite attack.

This is based on ownership because as the owner of the dog, it is his duty to keep the dog leashed and controlled at all times to prevent the dog from harming other people. So long as the following elements are present, the dog owner can be held civilly and criminally liable for the actions of his dog:

• He is the owner of the dog.
• The dog attacked the victim on public property or while lawfully on private property.
• The victim suffered an injury.
• The dog was the proximate cause of the injury.

5-Year-Old Dies in Father’s Day Drowning in San Diego

Authorities have identified the 5-year-old victim of the pool drowning accident last Father’s Day in Rolando Drive, San Diego as Nicholas Joseph Norman.
According to reports, Norman was found face down in the neighbor’s pool in the vicinity of Loma Alta Drive at about 7am.

Responding paramedics were not able to revive the boy and he was pronounced dead after being brought to Grossmont Hospital.

It is unclear yet how the boy got into the pool or who is supposed to be watching him.

It is also unclear if the neighbor’s pool is compliant to California law standards.
Under the state law since January 1998, all pools constructed in a private home should meet at least one of the following:

• Isolated from access from the home by an enclosure
• Has an approved safety pool cover
• Home has exit alarms on doors with access to the pool
• Self latching doors that prevent access to the pool
So if the neighbor failed to implement any of the measures listed above, even if the child has entered the premises without consent, he can still be held liable for the death.

The reason is that premises liability law considers children special types of trespassers as they recognize that good judgment also comes with age.

So if Norman’s family can prove that the owner failed to keep his pool safe for possible child trespassers then he will lose the case and will have to pay damages to the family.

Bicyclist Hit by Pickup Truck on Bike lane in Carlsbad

A 22-year-old bicyclist was injured after being struck by a pickup truck last night in Carlsbad.

According to reports, the bicyclist was going east on the biker lane of Cannon Road at about 11:30pm when he was hit by the pickup.

The driver of the pickup stopped and cooperated with the police after the accident.

Alcohol or drugs were ruled out of the investigation and the driver was not cited before being let go.

However, charges may still be filed on a later date.

The bicyclist on the other hand was hospitalized after sustaining a head wound and a broken leg.

He should be able to make a personal injury claim or lawsuit against the pickup truck driver to take care of the medical expenses and future lost income since it looks like he will be missing a lot of work because of his the injury.

The liability in the accident mostly falls on the pickup driver since he struck the bicyclist in the bike lane.

He can however claim comparative negligence on the part of the bicycle driver.

One of the questions he must raise is if the bicyclist was wearing a helmet during the accident.

If not, then that could be used as basis for comparative negligence by claiming that the head injuries would not have happened if the bicyclist was wearing a helmet.

Both parties should consult an attorney to get their best legal option.