$225,000 SETTLEMENT—DOG ATTACK CAUSES FALL

A Stockton, California construction company kept a large dog chained to a telephone pole during the day to guard their fenced in storage yard. Our client, a 66 year old man, was invited to go into the yard to select construction materials. An employee shortened the chain holding the dog securing it with a clamp so the dog would remain next to the pole. After selecting materials, our client walked past the dog out of reach because of the shortened chain. Suddenly the dog raced toward our client, releasing the clamp and allowing the dog to go out the entire length of the chain. As the dog leaped at our client, the chain prevented him from reaching him. However, in stepping back quickly, our client fell to the ground fracturing his hip. Unfortunately, our client did not tell the emergency medical treaters that the dog caused his fall. The construction company denied liability, claiming the fall was a result of our client tripping over material on the ground. The case settled at mediation two weeks before the start of trial.