Other injuries besides dog bites can justify a personal injury claim.
When most people think of a dog attack injury, the first thing that comes to mind is a dog bite. The mind conjures up all sorts of grievous injuries that can be caused by an aggressive or fearful dog biting the hands, legs, or face of a victim. There are specific liability laws and legal principles related to this type of injury. In California, the dog owner can be held strictly liable for dog bite injuries, regardless of whether or not their pet had a history of biting.
However, it is important to understand that a dog attack injury need not include any element of vicious or deliberate attack at all in order to potentially justify a personal injury claim. It does not even have to be a bite injury. The injury simply needs to be caused by the dog and linked to some breach of duty or negligence on the owner or handler’s part.
Here is an example.
A postman was out delivering mail on a new route. When approaching one of the homes on the route, he heard a dog barking. Before he knew it, a dog had run across the yard, jumped up on him, and knocked him to the ground.
The postman was seriously injured, having fallen on his tailbone and fractured it. The fall also hit a nerve that ran up from his tailbone and caused pain in his neck. The incident was also emotionally distressing, because as the dog knocked him over the postman really had no idea whether it planned to bite him and reasonably feared further injury.
Turns out, the dog was a playful, large 6-month old puppy that was excited to see a new person. It did not intend to cause any injury and it was not “attacking” when it jumped up on the postman.
However, the dog’s intention was actually irrelevant. In any case, the owner should have ensured the dog was restrained and not able to jump up on people. The claim was handled as a negligence case, similar to a premises accident claim. The loose dog was the hazard on the property, and because the owner knew of this hazard and did not correct it, he was responsible for the consequences.
After seeking $2,500 for medical bills and $5,500 for pain and suffering, the postman ultimately settled with the dog owner’s insurance company for $4,086.
Have You Been Injured by a Dog?
Whether you have been bitten by an aggressive dog or accidentally injured by well-meaning but out of control dog, you need to consult an experienced dog attack injury attorney right away. Call the Law Offices of Fernando D. Vargas today to schedule a free initial consultation and learn more about your options.
