Dog bite injuries are unfortunately common with certain breeds of dogs - in particular, pit bulls. These dogs cause serious injuries and attack people, often because of their aggressive nature and the power of their bite. Typically a pit bull does not bite just once, but continues to attack until its prey succumbs.
California has a strict liability dog bite statute that states that the owner of a dog is liable for damages (injuries) inflicted by his/her dog if it bites a person who is either 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 the owner's knowledge of such viciousness (California Civil Code Section 3342).
The dog owner is strictly liable, regardless of whether the dog had ever bitten before or shown aggressive tendencies. In California, the dog does not get "one bite free."
In all dog bite cases, it is essential that measures be taken promptly to preserve evidence, investigate the incident in question, and to enable physicians or other expert witnesses to thoroughly evaluate all injuries. The injuries should be immediately photographed, in order to document the evidence.
In the majority of dog bite cases, the law only allows for the injured party to collect damages designed to make him/her "whole. However, under circumstances where a relative witnesses the attack on a loved one, the relative may also have a claim for the emotional distress suffered by observing the dog bite attack.
Also, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is a possibility that the party can also recover what are known as "punitive" damages. These damages are designed not for the purpose of making the injured party "whole," but rather, to punish the wrongful conduct of a dog owner who knowingly keeps a vicious animal which could cause harm to innocent persons. In the event that punitive damages are warranted, the amount of money that the injured party can recover would be substantially more than in the typical case.
Kerckhoff Law, APC is a San Diego personal injury law firm handling all types of serious injury cases. If you have been injured or have lost a loved one due to an auto accident, brain injury, burn injury, motorcycle accident, truck accident, boating accident, dog bite attack, premises injury, or work injury, contact A. Jason Kerckhoff at 866-606-3059 for a free consultation with an experienced San Diego personal injury attorney.
