Granite Bay Dog Bite Lawyer
When a dog attacks a person, the damage can be catastrophic and even life-threatening. Take, for example, the two people who were attacked by two dogs on Grover Beach. The attack involved a 2-year-old Belgian Malinois and a German shepherd.
The attack was so bad that one of the victims, a 64-year-old man, had to be transported to the hospital and was listed in critical condition in Sierra Vista Regional Medical Center’s intensive care unit. The man’s family reported that his arms were so viciously damaged during the attack that he may lose the use of his hand.
The other victim was the next-door neighbor of the 64-year-old man. She suffered serious injuries as well, according to The Tribune.
California Law Applies Strict Liability to Owners of Dogs
The dogs involved in the above-described attack were owned by a Grover Beach police officer. It is important to identify the owner of the vicious dog because, under California Civil Code section 3342, the owner of a dog is held strictly liable for any harm caused by their dog. Strict liability effectively means that the victim does not need to prove that the dog owner was negligent or careless in some way. In most cases, if a dog attacks and bites someone, the owner is liable.
Notable Exceptions to the Strict Liability Statute
There are some important exceptions to the strict liability dog bite statute you need to be aware of. First is the provocation defense. The strict liability statute does not apply if the dog bite victim did something to provoke the dog that caused it to bite. So, for example, if you were involved in an altercation with the owner and the dog bites you, the owner may have a viable defense against a claim of strict liability. However, the defense of provocation does not apply if a child under the age of five was bitten by the dog. Second, the strict liability statute does not apply if you were not bitten. For example, if you were knocked down by a dog while jogging or walking around Granite Bay, the strict liability statute does not apply. However, you could still have a viable personal injury claim. It would just need to be based on a negligence theory as opposed to strict liability.
Third, if you were bitten by a dog while you were at your place of work and the owner of the dog is your supervisor or manager, the statute would not apply. Instead, you would be able to pursue damages through a worker’s compensation claim.
Financial Restitution That May Be Sought in a Dog Bite Injury Claim
If you or a family member was bitten by a dog, you may be able to pursue financial restitution for harms and losses associated with the bite. For example, if you had to seek medical treatment for the wounds caused by the attack, those medical expenses could be recovered through a claim. You can also pursue reimbursement for lost wages, if you had to take time off of work to heal. You can also pursue damages for your pain, suffering, and anguish. For more information contact a Granite Bay Dog Bite Lawyer.Experienced Granite Bay Dog Bite Lawyer
I’m Ed Smith, a Granite Bay Dog Bite Lawyer. If you or someone that you love has suffered a dog bite or has passed away as a result of one, please call me at (916) 921-6400 or (800) 404-5400 for free, friendly and compassionate advice. When you make the call, we will go over the details of the incident and determine the best way to proceed with a claim for damages and/or a wrongful death claim. I take cases on a contingency fee. This means there are no fees to pay up front. I get paid after the successful resolution of your case.
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I am honored to be included as a California member of the Million Dollar Advocates Forum. The forum is made up of trial lawyers who have obtained verdicts or settlements of $1 Million or more.
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