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February 4, 2021

Appellate Highlights

Appellate Highlights Caveat – Any of the Court of Appeals cases listed may currently be on review pending reconsideration. Dinsmoor v. City of Phoenix and Deer Valley USD 1 CA-CV 19-0045 (6/30/20) A high school student shot and killed his classmate and then himself off campus. The classmate had previously reported threats to the school […]

 

 

Gilbert Boy Mauled by Dogs

A fight between three dogs in a Gilbert home late last month led to the tragic death of a small boy.

A two-year-old boy and his four older siblings were in their babysitter’s care at her home when three of the sitter’s dogs began fighting.  As the three pit bull-mixed dogs fought, somehow the special needs toddler became trapped in amongst the dogs.  The dogs then turned on the toddler, viciously attacking him.

The babysitter and owner of the dogs, frantically tried to pull the boy free, but her efforts were in vain.  She called 911 and according to a recording of the emergency call that aired on NBC News,  said,  “The dogs attacked him…his lips are turning blue…he’s barely breathing.”

When officers arrived at the home, CPR was performed on the small child, he was rushed to a nearby hospital, but tragically his injuries were too severe and he died.

The 28-year-old babysitter was seriously injured in her attempt to free the child and underwent surgery to repair those injuries.

All three dogs involved in the attack were taken by Animal Care and Control workers to a local animal shelter where they will be quarantined for ten days before being euthanized.

Gilbert Police Sgt. Jesse Sanger said the department is looking at the incident as “just a terrible, tragic accident,” but also said that investigators will be interviewing the child’s parents and the babysitter, as well.  After the detectives have concluded their investigation, there is the possibility that charges could be filed.

The tragic death of this young child is an example of how a seemingly docile pet can turn aggressive and maim and even kill an innocent child.

Arizona law requires a dog’s owner be held liable for any injury inflicted by their dog.  According to the law, dogs do not get “one free bite,” and liability is imposed without regard to an owner’s knowledge of the dog’s viciousness.

When your child has been the victim of a dog attack, although the owner of the dog is accountable it does not mean he or his insurance company will willingly compensate you for medical bills and other expenses. To ensure you receive the compensation you are entitled to, contact an experienced, aggressive Phoenix child injury attorney.

Original story found here.

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  • 10.0Shane L Harward

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