Animal Attack Cases

Animal Attack Cases occur when an individual is physically injured by another's animal. Over 4.7 million people are bitten by dogs, which is the most common of the animal attack cases. This often occurs from the negligent handling of an animal. The injured party may be entitled to recover medical damages of the injury and the mental anguish that resulted from the attack. There is a strict liability for dog bites in California, which makes the owner automatically liable for the attack. The ability to recover compensation depends on where the bite occurred and the severity of the injury. Possible defenses to dog bite cases are when the victim provoked the dog, was a trespasser, was a child and assumed the risk of an attack.

The majority of dog bite victims are children. Most dogs do not exhibit aggressive tendencies; nevertheless, sufficient provocation may tempt even the gentlest dog to bite. If an individual is injured by a dog bite, they should seek emergency treatment if necessary. Additionally, you should seek medical attention and advice regarding rabies treatment. If you are not familiar with the dog or its owner, contact your local animal control board and report the incident. Animal control officers may be able to locate the dog and determine its rabies vaccination status.

Owners of dogs may impose liability under CC§3342(a). An owner that fails to control their dog, are strictly liable for dog bites and or rabies from failure to vaccinate. Assumption of risk may prevent recovery of compensation. A typical example where compensation is barred is when veterinarians are a potential claimant. Recovery is barred if the attack occurs during the treatment of the animal because being it is a known risk that is apparent in the occupational field. If an injury occurs that is not knowingly assumed, the exception does not apply. In addition, the plaintiff is limited by the statute of limitations to bring the claim within one year.

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