Dog Bites and Owner Liability
The U.S. Center for Disease Control and Prevention (CDC) has data showing that more than 4.7 million people suffer dog bites every year. Of that number 800,000 people seek medical attention and approximately half of them are children. Around 386,000 injured parties need to be treated in an emergency department.
California’s Civil Code is very clear on the issue of dog bites and liability. 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.” This is known as California’s strict liability statute and it allows dog bite victims to seek compensation from the dog’s owner.
A woman was recently seriously injured during a pit bull attack. Reports of the incident indicate that she was walking her dog and the pit bull tried to attack the smaller dog. When she picked up her dog, the pit bull changed its target and went after the woman. The victim lost the right side of her face to the pit bull and suffered a severe open wound on her right arm.
In another instance, The Associated Press reports a young woman found dead in the backyard of a home where she was working. Police say eight American bulldogs were loose in the yard where she was found. Hired to clean the house while the owners were out of town, she was apparently mauled by at least one dog while performing her duties.
Another news report tells of a five year-old girl attacked in public by a dog near the front of a Starbucks. She was walking with her parent and the dog lunged at her, biting into her stomach. It proceeded to lift her off the ground and shake her violently, like a chew toy. While her parent pried the dog off the girl, she still required treatment for several puncture wounds as well as bruising.
As you can see, the damages resulting from a dog bite can be very serious. The loss of one side of a face, the trauma experienced by a child, and even death, and these are just three instances from the local news. Many other such instances occur, some as bad as these and some relatively minor. However serious the damages may be, the law gives the victims the opportunity for compensation for medical expenses, lost wages, and pain and suffering. In the worst cases, victims’ families may file a claim for wrongful death. The damages in wrongful death claims can include compensation loss of love and companionship, loss of future financial support, loss of household services, and funeral and burial expenses.
Not all dogs are bad and not all dog owners are good or at least responsible. Proper care must be taken by dog owners to ensure that their pets don’t cause the type of damages listed here. Contact a trusted Tustin dog bite attorney today.