The problem of dog bites continues to plague California. Serious injuries result from this problem, and civil lawsuits are filed. A personal injury case can be effectively handled by identifying all parties responsible for the injury.
Litigation Claims in Dog Bites
When people are injured by other people’s dogs, they can sue for personal injury. These cases are generally handled under the negligence theory. Victims and their attorneys in negligence cases must be able to demonstrate that the dog handler owed them a duty of care, breached this duty of care, and the breach resulted in them suffering damage.
A Duty to Act Responsibly/ Duty of Care
Animals are subject to special regulations in many states. In some cases, this may involve keeping pets on leashes, neutering animals to reduce their violent tendencies, and taking other measures to reduce animal assaults.
If such legislation does not exist, the defendant is judged on the basis of what a reasonably realistic person would do. This means the jury must decide whether the defendant’s actions were reasonable. If it wasn’t, the jury may conclude that the defendant did not fulfill his or her obligation toward the victim.
Establishing Connection Between Dog Attack and Dog Bites Injuries
It is also necessary for the victim to prove that the dog attack resulted in harm. This is readily apparent in some cases, such as when a dog bites a victim and it is determined that the dog belongs to a specific individual. Another circumstance may require less direct causation for recovery, such as if a dog charged at a person and caused him to fall and get injured.
Damages Resulting From Dog Bites
Those suffering from the effects of carelessness may be eligible to receive compensation for hospital bills, other medical bills, prescription drug expenses, lost wages, mental anguish, and pain and suffering.
Insight Into Strict Liability
Certain states have strict responsibility systems in place when it comes to dog bites and animal attacks. The act holds the owner of an animal liable for the victim’s damages as long as the circumstances in the act apply.
Generally, the victim must prove that he or she was legally on the land when he or she was injured and that there was no action taken to make the dog aggressive. As a result of a strict liability approach, the victim doesn’t need to prove the dog’s owner’s negligence.
Parties Who Might be Liable in Dog Bite Claims
Liability and financial responsibilities in the case may be shared by many defendants, including:
The Owner of a Dog
It is usually the dog owner who is named in court. Dogs must be controlled by the owner and he or she should comply with all applicable laws.
Dog Walker/ Dog Handler
In some cases, dog walkers or other individuals may be liable for accidents caused by their actions or lack of actions.
Guardian/ Parents of a Dog Walker
As a minor, the dog handler cannot be held legally liable for the accident. As an alternative, the victim may file a personal injury case against his or her parents/ guardian.
An attack by a guard dog or a dog that was permitted on the business property would lead to the business being named as a defendant.
How Can An Attorney Help?
Those injured by dog bites or dog attacks may wish to seek out the advice of a personal injury lawyer who is familiar with dog bite laws in their jurisdiction and has experience with dog bite cases. Deldar Legal Injury Attorneys can help you in acquiring reasonable compensation if you have a dog bite case in California.
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Posted in: Personal Injury