Every year thousands of individuals suffer harm due to the vicious propensity of a dog. In some cases injuries sustained by victims are not due to any dog bites
but by being knocked down or knocked over by large breeds of dogs jumping on victims. Individuals who have sustained any type of harm caused by an unlawful or non-consented touching by an another individual or a property of an individual by way of a dog are entitled to compensation.
Establishing Liability – California One Bite Rule
The one bite rule
only applies to cases where the dog actually bit an individual. Thus the alternative legal framework for establishing liability in cases where dogs jump on people will fall under the standard negligence theory. There are several elements which need to be established in order to prove a negligence cause of action.
1. A duty of reasonable care was owed by the dog owner to the injured party. Under common law every individual is owed a duty by all other individual to acts in such a fashion as to deter or greatly reduce the risk of harm.
2. The duty was breached – in these cases a duty can be breached when the dog owner knew of the propensity of the dog to jump on persons in the street or in a private property but failed to take any reasonable actions to deter a future attack.
3. The breach of the duty resulted in the accidents and (4) The accident cause actual physical injury to the person.
Complete a Free Case Evaluation form or call (888) 649-7166 today.
Common Injuries Resulting From Being Knocked Down By a Dog jumping on you
Some of the most common injuries sustained by our clients who have been attacked and knocked over by dogs or other domesticated animals are as follows..
1. Spinal Cord Injury including slipped and herniated disc and fractures to the spinal column
2. Traumatic brain injury caused by head being slammed to the ground due to an attack by a dog.
3. Knee injury including torn ACL and MCL due to impact to the ground.
4. Facial Injuries including broken nose, facial scarring and permanent disfigurement.
5. Nerve damage and broken wrists from falling down.
6. Broken and fractures bones.
Compensation Available for Victims of Dog Attacks and Personal Injury
Victims of harm due to the negligent or wrongful actions of others have the right to seek compensation via the filing of a personal injury lawsuit. The value of a personal injury dog bite claim is predicated on several interrelated factors unique to each case. Some of the most significant factors in determining the overall value of a dog attack claim include (1) The specific type of harm and magnitude of injury suffered (2) A calculation of an injured individuals current and future medical and rehabilitation expenses resulting from the attack (3) The specific pain mental anguish including pain and suffering associated with the harm suffered. (4) Availability of insurance or other assets of the at fault party; whether the homeowners insurance of the dog owners covers dog attacks. (4) Other forms of economic damages sustained by the injured victim; this can include loss of salary and loss of future income due to long term or permanent disability.
Attorney Consultation Available:
If you of a loved one have experienced harm caused by a dog attack feel free to contact our law offices. All legal confidential legal consultations are provided by our attorney free of charge.
Psychological damages after a dog bite
Statute of Limitations for Dog Bites in California