Hao Yun "Eddie" Lin, a 33-year-old letter carrier, suffered fatal personal injuries the afternoon of May 25, 2010 after he was attacked by a Rottweiler on his Oceanside route, which caused him to fall and hit his head. According to a news report in the North County Times, Lin was found lying on the street with a major head injury that day and taken to a local medical center. He had severe brain swelling from the fall and died from those injuries on June 3. The Rottweiler that attacked Lin was put down at the owner's request, officials said. An investigation is ongoing.
I offer my deepest condolences to the family of this postal worker. Lin is survived by his wife, Teri, and three young children. Tragic! His grieving family members and friends will be in my thoughts and prayers.
Postal Workers and Dog Bites
According to the U.S. Postal Service, in 2006, 3,184 letter carriers were dog bite victims in the United States. In the Orange County/Long Beach area, postal employees suffered the most dog bites in 2006 – 96 incidents. This area was followed by Houston with 94 dog bites, Sacramento with 82 and Los Angeles, 77.
Based on this news report, the postal worker, Lin, was not bitten by the Rottweiler. The dog apparently charged him and may have pushed him over causing Lin to hit his head and sustain the fatal head injury. There are still several unanswered questions here. How did the dog attack him? Was the dog unrestrained? Did the dog have a prior history of vicious attacks?
California Dog Bite Law and Liability
California law holds dog owners responsible for attacks and injuries caused, no matter what. The only exception to the "strict liability statute" is if the dog attacks a burglar, trespasser or assailant. California’s Civil Code Section 3342 states: "The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness."
In cases where negligence or wrongdoing is involved, dog bite victims' families can file a wrongful death lawsuit seeking compensation to cover medical or funeral expenses, loss of future earnings, loss of love and companionship, and other related damages. In many such incidents, the deceased victim may be the family's sole breadwinner putting these families under severe emotional and financial strain. An experienced San Diego personal injury lawyer will be able advise victims and their families about their legal rights and options in such cases.
How can postal workers be better prepared against dog attacks while on the job?
The BISNAR|CHASE personal injury law firm is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.
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David Chen said:
Thank you very much for posting Eddie Lin's tragic incident and postal worker's right.
Any update on Lin's case? I am more than happy to help.
Thanks,
David