Author: Brad Nakase, Attorney
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Dogs are man’s best friend, no doubt. So naturally, no one likes to think about the possibility of suffering a dog bite. However, the reality is that many incidents occur where an individual is either attacked or bitten by an animal. Since there is no way to sue a dog in a California court, the personal injury claim is made against the animal’s owner in such cases.
It’s probably hard to imagine the extreme physical pain that often accompanies an attack, yet victims can experience ongoing pain, and recuperation is often prolonged and difficult. All of this can harm an individual’s quality of life.
At the Nakase Personal Injury Law Firm, our San Diego Dog Bite Attorneys are fully aware of the unique challenges faced by dog bite victims and are dedicated to providing them with assertive legal representation. While injuries sustained from a dog bite are the most common type of animal-related personal injury, wild animals also account for injuries at places such as preserves, zoos, and animal theme parks. Remember that animals are all around us, and we live and interact with them daily. So, the likelihood of suffering an animal attack may be greater than one might think. Hopefully, you never experience a dog bite or animal attack! If you have suffered such an attack, receiving proper medical treatment and protecting your legal rights is critical to your future well-being.
Regardless of how your injury occurred, consult with a San Diego Dog Bite Attorney at the Nakase Law Personal Injury Firm is the first step in the right direction. Our experienced attorneys can provide expert guidance on all aspects of your case, including assessing the potential value of your claim, determining liability or legal responsibility, and formulating the best strategy for your case moving forward. With your future recovery and well-being at stake, we will work diligently with you to reach the best possible outcome.
California-Strict Liability
In California, when a person becomes an owner of a dog, they are strictly liable for any dog bite. California Civil Code 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 owner’s knowledge of such viciousness.”
Exceptions
For the most part, California provides a dog bite victim with the legal mechanism to pursue compensation on most claims without proving that a particular dog was dangerous. In other words, the fact that you suffered a dog bite is enough to pursue a legal claim against the owner in California.
Was the Other Party Negligent?
Here, the proof is required by the animal attack victim to show that the other party responsible for the animal was somehow “negligent” or, in other words, failed to exercise reasonable care for the safety of others in the circumstances. While it may seem rather obvious to you that someone’s negligence in a particular situation caused an animal attack, the details are often murky or unclear, thus creating a situation where it is challenging to prove responsibility by a specific party. The San Diego Dog Bite Attorney at the Nakase Law Personal Injury Firm is experienced in dealing with these types of cases and has the skills to prove negligence given the particular fact pattern of your case.
FINANCIAL COMPENSATION MAY BE AWARDED TO YOU
As a dog bite or animal attack victim, you may be awarded financial compensation for your medical expenses, including, but not limited to, emergency care, doctor’s visits, hospital visits, etc. You may also be awarded financial compensation for continued medical treatment such as surgery, treatment by specialists, and physical therapy. Many animal attack victims experience emotional trauma during the aftermath of the incident, and financial compensation may be awarded in such cases. Often, the recovery process can be slow and complex, and animal attack victims may be awarded financial compensation for pain and suffering. Due to the debilitating nature of some animal attacks, you may be unable to work. If this occurs, you may be awarded financial compensation for loss of earnings.
We can help you with your dog bite case. Nakase Personal Injury Law Firm will work tirelessly to help you obtain the maximum compensation for your injuries while you focus on recovery.
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