San Diego Pit Bull Injures Three ~
10news.com reports that three people in City Heights sustained injuries on Sunday, August 28th, after a pit bull got loose from its chain. The attack occurred at approximately 11:50 a.m. in the 4800 block of Auburn Drive near Euclid Avenue.
Witnesses said that a three-year-old pit bull got loose from its chain, jumped over a low fence, and bit two 6-year-old girls who were playing nearby. One girl was reportedly bitten in the neck, but seemed to be fine. The other girl sustained cuts to her cheek, mouth, chin, arm, and fingers. Some of the cuts required stitches, so she was treated at Rady Children's Hospital.
The father of the less-injured girl, David Powell, was also bitten in the hand while he tried to control the dog. It was reported that he also sought treatment at a local hospital.
The Law Regarding Dog Bites In San Diego
California has a strict liability dog bite statute which states that the owner of a dog is liable for damages 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 liable regardless of whether the dog had ever been vicious before and regardless of whether the owner had reason to believe it would behave in a vicious manner. The dog does not get "one bite free," as is the case in other states.
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.
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, in circumstances where it can be proven that a particular dog had demonstrated vicious behavior in the past, there is the 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.
