If you have suffered an injury due to dog bite or any other animal in Los Angeles and need medical treatment and recover damages, do not hesitate to contact our expert lawyers in traffic accidents Lluís Law. We have been dealing with this type of events for over 40 years and helping victims obtain justice.
Some 4.7 million people on average are bitten each year in the United States, of which about 800,000 require medical care to treat the wounds they leave. Statistics indicate that about two-thirds of victims are bitten on or near a property.
Dog bites are a serious problem because they can cause very serious injuries to children and adults. Although it is thought that the most aggressive animals are Rottweilers, Pitbulls and Dobermans, the truth is that a large number of dog breeds can attack and bite people for various reasons.
The responsibility in accidents caused by dog bites to motorcyclists, cyclists and pedestrians, is a crucial issue that the personal injury lawyer and the victim must determine with precision in order to obtain compensation.
Whose responsibility is the bite of a dog?
Very rarely the fault of these accidents is the victims themselves. For example, when they illegally enter a property and are bitten by guard dogs. In most cases, the owners of the animal are responsible for the actions performed by their pets, regardless of whether the victim could have avoided the accident by not approaching the dog.
Dog owners are responsible for the behavior of their pets and therefore must respond to third parties if they cause damage. When an animal bites a person, the victim not only deserves an apology from the owner of the animal, but a just compensation for the injuries caused.
In most of the US states UU The responsibility for dog bites rests with their owners, even in cases where the owner has acted negligently or was unaware that his dog was dangerous. However, this rule also has its exceptions and / or conditions.
When a dog attacks and hurts a person, because its owner did not reasonably control the animal, it could also be found responsible for the injury.
The responsibility for dog bite in California
In cases of dog bites, California law establishes that the responsibility in the first instance is with the owner of the animal; however, it must be demonstrated during a claim or trial the scope of this responsibility, according to the circumstances surrounding the accident.
However, the owner of the dog that hurt someone can also with the help of a competent lawyer, try to avoid his legal responsibility and argue that the victim was the one responsible for the bites due to his actions or because he provoked the dog.
According to the California strict liability statute, when a dog attacks the wheels of the bicycle / motorcycle causing the pilot to lose balance and crash, the dog is not to blame for the traffic accident. If the person was not bitten, the injuries suffered by the person in the accident, would not be caused by the dog directly.
However, expert dog bite lawyers have other options to channel their theories about the responsibility of the dog owner. While the dog did not bite the cyclist / biker directly, that is, there are no bite injuries, if the responsibility of the dog owner in the accident could be established for the purposes of claiming compensation.
The victim can demonstrate – though not necessarily – that the owner of the animal acted negligently, and therefore, is responsible for the person’s injuries by not keeping the dog indoors or at least held on a leash within its property so that it does not disturb the free transit on the street or sidewalks.
Because California has strict liability laws, pet owners are almost always responsible for most injuries caused by dog bites. In this sense, for purposes of claiming compensation for damages, the law does not require that the victim demonstrate that the owner of the dog knew or not that the animal was dangerous or that he was careful enough to avoid hurting someone.
Limits of the law
The owner of the dog is strictly responsible only in cases where the injured person:
– It was really bitten.
– The person was in a public place or in a legally private place at the time of the bite.
When the person is bitten by a police dog or a military dog during their work or the animal acted in defense against discomfort or provocation, the California statute does not establish liability either (Cal. Civil Code § 3342.)
What are the most frequent injuries caused by dog bites?
The injuries left by a dog bite can be easy to treat medically or they could be very serious. Everything depends on the intensity of the bite, the race of the animal that provokes them and the body part of the person bitten. Although sometimes a simple dog bite not treated properly, can be deadly; for example, the bite of a dog with rabies.
A dog bite on an arm or leg is not the same as on a face. A dog bite can disfigure a person or even kill a child. In addition, dog attacks along with bites can be very traumatic events, as bitten people may require treatment for emotional trauma.
Dog bites, on the other hand, can leave deep marks on victims. Permanent scars, for example, are marks that can change people’s lives and may require reconstructive surgeries in order for the person to recover their previous appearance. For this, it will be necessary to have a well-presented case that guarantees the medical treatment of the victim and obtaining sufficient and reasonable compensation.
In such eventuality, an expert dog bite lawyer from Los Angeles will be a key factor for the victim to obtain sufficient compensation to allow him to treat his injuries and compensate for other damages. The lawyer will review the facts and, through the use of irrefutable legal arguments, can establish the responsibility of the accident and the scope of the compensation that the victim should receive.
If you have been injured by a dog or any other animal in Los Angeles, the attorneys at LLuis Law can help you. We have more than 40 years of experience in these cases. Call for a free consultation at our telephone number (213) 320-0777.
Address: 205 South Broadway, Suite 1000 Los Angeles, CA 90012. Tel: (213) 687-4412 Fax: (213) 687-3441.