Posted on Friday, May 26th, 2017 at 6:40 pm
A San Francisco woman has filed a lawsuit in the San Francisco County Superior Court for an alleged dog attack near Josiah Avenue in June 2016. The complaint alleges that the woman suffered damages because of the dog, including medical expenses and special damages. She is alleging the defendants are responsible for her damages for their failure to contain their dog under premises liability laws.
If you have been injured in a dog attack, you may be entitled to recover compensation for your injuries. Call (916) 999-9000 for a free appointment with a Sacramento dog bite attorney.
Who is Responsible for a Dog Attack in California?
California has specific laws related to dog bites and dog attacks. California Civil Code §3342 states that the owner of a dog is liable for a victim’s damages when his or her dog bites the victim. The law applies to both public and private places provided the victim had the legal right to be on the property. Exceptions to California’s strict liability for dog bites include victims who are trespassing, performing a paid service involving the dog, or provoking the dog.
Because dog owners are held to strict liability in California, the dog owner can be held liable for an attack even if the dog has never bitten anyone before and the dog does not have a history of being vicious. The liability can extend to a landlord if the landlord knew the dog had vicious tendencies and did not terminate the rental agreement and the attack takes place on the rental property.
Damages in a Dog Attack Case
Dog bites and attacks can have serious medical consequences. In addition to severe physical pain, the victim can suffer long-term emotional harm from a dog attack. Fear of animals, fear of being in similar situations, and nightmares are common for people who have been attacked by an animal, especially children. A dog attack can result in scarring, disfigurement, nerve damage, and infections.
Damages in a dog bite case often include:
- Medical bills, including compensation for surgeries, physical therapy, and rehabilitation
- Loss of income
- Psychological treatment and counseling
- Scarring and disfigurement
- Physical pain, mental anguish, and emotional suffering
The amount of compensation in a dog bit case depends on several factors including the severity of the injuries, the length of recovery, and whether there was permanent damage.
Can I Avoid a Dog Bite?
The Humane Society offers several tips and warning signs to help you avoid a dog attack. However, it also warns that you can never be absolutely sure that a dog will not bite. Even a friendly dog that has never attacked someone can bite you.
Warning signs that may indicate a dog is about to attack include:
- Growling
- Showing of teeth
- Ears are pulled back
- Flicking of the tongue
- Stiff tail
- Eyes that are rolled back so you can see the whites of the eyes or an intense stare
- Tensed body
- Furrowed brow
- The dog is backing away
You need to keep in mind that a dog may not show any signs before attacking. You should always use caution around unfamiliar dogs. If you are bitten, seek immediate medical attention and report the attack to the authorities.
Call a Sacramento Personal Injury Attorney
When you are injured because of another person’s negligence, you have the right to recover compensation for your damages. Call the Tiemann Law Firm at (916) 999-9000 or visit our website to schedule a free consultation with a Tiemann Law Firm Sacramento personal injury lawyer. Our law firm serves clients in Sacramento, Folsom, Roseville, El Dorado Hills and other communities in the greater Sacramento area.
