Category Archives: Personal Injury

Autopsy: Woman died of mauling by dogs (Sam Spital)

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COMMENTARY BY PERSONAL INJURY ATTORNEY SAM SPITAL :

“On November 15, 2012, it was reported in the UT San Diego news that a 30-year old woman who was hired to clean a house in Fallbrook, a community north of San Diego, while the owners were on vacation was mauled to death by 8 bulldog-mixes on the loose in the backyard. The dogs ranged in age from about 4 months old to 3 years old and were impounded by the County Department of Animal Services, whose Deputy Director said the dogs were bred for sale, ‘crossing Olde English Bulldogs with American Bulldogs to make them a little bigger,’ noting the largest dog is about 105 pounds. The police found 24 marijuana plants in one of the bedrooms of the house, and a further investigation is being conducted in that regard.

The family of the deceased woman will no doubt file a Wrongful Death lawsuit against the owners who allowed a pack of animals to be loose, knowing the house cleaner would be working and likely go in the backyard to clean the exterior side of the windows, if nothing else. It was reported there was a running garden hose near her body.
Many have argued that these breeds pose a substantial danger to life due to their genetic traits often labeled as ‘gameness’ or refusal to get off and their ‘hold and shake’ style of biting. Others claim it is the owners and not the breed, and they point to the absence of any signs of aggression. Unfortunately, when serious or deadly attacks occur, no matter how loving and caring the owners might have been and the lack of any previous warnings &/or aggressive behavior, the media, members of society and the courts hold the owners accountable and in some cases in addition to civil liability of potentially a million dollars or more, also for a criminal offense.
In the present case, if the dogs are determined to be ‘dangerous,’ they will be euthanized. In San Diego during the past year, there have been reported an 8 month old baby killed and a senior citizen died from severe mauling. Many others have been reported in the news to have suffered life-threatening injuries, but did not die.”

–PERSONAL INJURY ATTORNEY SAM SPITAL

 

Office Injuries

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Receive the Compensation You Deserve With The Office Injury Attorneys at Spital & Associates

It’s a reasonable expectation that you can remain safe and free from harm when you’re at the office. Many people have their eyes open for danger while on the road in a car, motorcycle, or truck, while boating, or when meeting unfamiliar dogs, but injuries while at the office are likely the farthest things from most people’s minds. Unfortunately, the same negligence often seen on the road, on the water, in nursing homes, and in hospitals is sometimes evident in an environment as seemingly safe as the workplace.
Safety guidelines should be in place for anyone–from clients/customers to employees to management–to remain safe from harm in the workplace. If those guidelines are not followed to the letter and a lax attitude to safety results in an injury to you or someone you love, you may be entitled to a financial settlement due to this negligence.
If you’ve been hurt at the office, contact a San Diego office injuries attorney. We are prepared to fight for your rights and get you the compensation for your injuries, pain, and suffering that you deserve. The aggressive San Diego personal injury lawyers at Spital & Associates have more than 39 years of experience helping their clients receive the settlements they deserve. Call us today at (619) 583-0350 to schedule a consultation with a personal injury lawyer who’s prepared to handle your case!

Want to Sue Metro? Too Bad, Maryland Court Rule (Sam Spital)

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COMMENTARY BY PERSONAL INJURY LAWYER SAM SPITAL:

“In the DCist daily online news, it was reported on November 8, 2012, the Court of Appeals of Maryland, the highest court in the state, reversed jury awards in the lower courts and , therefore, held persons who are injured as a result of a slip and fall at the Metrorail station cannot sue the Washington Metropolitan Area Transit Authority for what might be labeled violations of the standard operating procedures (negligence in the maintenance and/or cleaning of the grounds).The basis for the high court’s ruling was the 11th Amendment of the U.S. Constitution that gives sovereignty to states.

The claim of immunity does not preclude other lawsuits, such as vehicular accidents.”

 

 

 

Scout files show abuse in county – During sleepovers to “work on merit badges,” molestation occurred (Sam Spital)

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COMMENTARY BY SAN DIEGO CRIMINAL LAWYER – SAM SPITAL:

“On Thursday, November 1, 2012, the UT SAN DIEGO NEWS reported thousands of Boy Scouts of America (BSA) files were released in which lawsuits were brought by and/or on behalf of abused boy scouts alleging the leaders of the BSA were liable for failing to protect them. Between 1970 and 1991, there were about 10 individuals from San Diego among ‘nearly 1,900 known or suspected child molesters’ who were expelled from BSA. In addition, a Seattle, Washington lawyer that filed over 150 lawsuits stated ‘the organization didn’t do a good job of vetting volunteers before they were allowed into the organization or catching and reacting to sexual abuse allegations against volunteers who were working with scouts.’

It is both appalling and heartbreaking for enormous numbers of innocent young boys to have experienced sexual abuse from leaders they looked up to as models to train them in self-confidence, self-esteem, ethics, and citizenship skills in the service of others and to become responsible adults. The taint associated with the BSA reflects adversely on its long history of doing good deeds and performing well for society as a result of its failure to properly and fully investigate, evaluate, supervise and monitor its volunteers to prevent even a suggestion or possibility of sexual abuse. Parents need to clearly know and be able to undeniably trust those with whom they allow their children to be involved.”

 

 

Officer investigated in hair pulling incident

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Commentary by Sam Spital, San Diego Criminal Attorney:

“Fox news reported October 22, 2012 the San Diego Police Department is investigating an incident in which an officer was alleged to have pulled a woman’s hair as he tried to subdue her as she became hysterical in seeing her residence in flames as she arrived home. The article also referred to a previous incident in which the same officer was held liable in a civil action filed by a homeless advocate who was a victim of the officer’s unreasonable force.

No excuse justifies excessive force, whether by a private citizen or law enforcement. However, there may well be mitigating facts and circumstances in this case that helps to explain the officer’s conduct. I would reserve judgment, therefore, until all of the facts are known as far too often the media will report only what it knows at the time and upon further investigation there may be compelling evidence that defense counsel is able to develop. For a fair and balanced account, it would be preferred if the writer included in the article such a closing statement.”Sam Spital, Criminal Lawyer h

Pit bull owner arraigned following attack on girl (Sam Spital)

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“The owner of a 65 pound terrier pit bull was charged with a felony for having a dangerous animal that can cause great bodily injury when it attacked and mauled a 4 year old girl when she tried to pet it in the apartment courtyard where she resided.

The District Attorney stated the pet’s owner immediately afterwards ‘grabbed her dog, went to her apartment gathered her belongings and went to her car. When the cops got there she was trying to drive away. They stopped her from doing so, but when they did, she admitted that she was headed to Tijuana.’Owners of animals often focus on how much they love their pet or pit bull dog, even having cared for since birth and for all intents and purposes claim the pet is calm and gentle. Nonetheless, it is critical everyone always be mindful of the dangers involved when they have a pit bull or similar type pet that might escape a fenced yard, get loose from its leash &/or be near anyone else. This seems particularly evident in California where there is both civil and criminal liability. Of course, the impact on the victim and his/her family can be life long, and certainly the pet owner wants to avoid this and their own sorrow and anguish.”

SAM SPITAL, Criminal Lawyer

Man struck, killed by deputy’s patrol car ID’d (Sam Spital)

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“On September 20, 2012, the UT News reported a pedestrian was struck and killed by a Deputy Sheriff in pursuit of an alleged drunk driver. It is unclear whether the officer had his front headlights on, but a Sheriff’s spokesman stated the officer did not have his flashing lights on. The Deputy Sheriff had only traveled about 100 yards before striking the pedestrian. The pedestrian’s employer stated she has seen officers leave the parking lot with their headlights off in order that the vehicle they are in pursuit would not notice them, thereby allowing the officer an opportunity to view the driver prior to making a decision to stop the driver. Because it was a dark area of town that the pedestrian was crossing, he obviously did not see the officer’s car nor did the officer see the pedestrian. Why does it take a killing before a City insures the safety of the public by having adequate lighting? Why did the officer not have his patrol car’s flashing lights on and/or use its siren? These are unanswered questions that no doubt will be the subject of a wrongful death claim by the family of the deceased. As a San Diego Criminal Defense lawyer who has defended clients with DUI charges as well as handling thousands of personal injury cases over the past approximate 40 years, this is but another tragedy that clearly could have been prevented and it is not simply hindsight that this is obvious.”

Sam Spital, Criminal Defense Lawyer

 

Tennis referee arrested in bludgeoning death of elderly husband in Los Angeles (SAM SPITAL)

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“Any time there is a suspicious death or homicide, the law enforcement will first look to the most recent person known to be in contact with the decedent and/or a spouse as the likely perpetrator. Nonetheless, one should not rush to judgment and/or infer an improper motive until all of the facts and circumstances are presented.”

Sam Spital, Criminal Defense Lawyer

Special needs teacher arrested for relationship with student?

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Clearly, we must maintain the integrity of our legal system and the principle that “a person is innocent until proven guilty.”

However, it is unspeakable for a teacher to use her position of trust to engage in sexual relations with a student. Even more despicable is for a special education teacher to engage in such misconduct with a student with special needs. These students are particularly vulnerable.

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