Legal Question in Personal Injury in California

I was just bitten by a dog while walking through the parking lot at Walmart. I had just parked my car got out and was walking throuigh the parking lot in between two vehicles. As I passed by the one one my left I felt a tug on my arm and a sharp pain turned and seen this dog latched onto my left arm. Walmart security and managers came out and provided medical attention somewhat. Basicly all they did was poured water over it wiped it off and put a gause on it. The owner of the truck came out and tryed accusing me of having my arm in the truck which I did not and have wittness who seen everything. Plus the Walmart security cameras would also prove this was not the case. So all that doesnt bother me I would have said the same thing. What I want to know is if I have to go to the doctor who should be liable for the bills as I don't have insurance. I haven't gone yet to the emergency and really don't want to Im just concerned about it getting infected and can't pay for the treatment. What should I do. Can I sue Walmart or the owner of the dog who probably doesn't have insurance anyway.


Asked on 5/06/12, 4:06 pm

3 Answers from Attorneys

Ben Glen Law Offices of Ben Glen, PC

The owner of the dog is strictly liable for the injuires and damages you incurred. If the dog owner is a homeowner and has homeowner's insurance, it would likely apply. Write to Wal-Mart and tell them to preserve the video or other evidence of the occurence, as it is material evidence in a prospective civil action. Contact the owner of the dog to determine whether the dog was current on all of its shots. Contact animal control to tell them of the incident to ensure the dog gets a thorough examination--it may need to be quarantined until the results are known. You don't want this happening to someone else. If the bite broke your skin or you are worried about it or the site is becoming inflamed, red or sore, seek emergency treatment immediately, as your well being comes ahead of legal action. Infections can set in quickly and can be very harmful or even deadly depending on the type of infection and your immune sytem. Be sure to get the witnesses' identification and have them write a note or statement as to what they saw, where it occurred and who they believed was the dog owner, a description of the dog, when it occurred and your name and ID information from your CDL or other ID card. Suing Walmart is a different concern. Once they begin giving you treatment, they must do nothing to worsen your condition. Whether they did so or not is up to a doctor to say.

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Answered on 5/06/12, 5:29 pm
Robert Worth Robert J. Worth , Professional Law Corporation

As the other attorney stated, this is a strict liability case against the dog's owner. You would have to go after that person. See if Wallmartz's security will provide any video that is helpful and hopefully you have the information on your witnesses. Good luck. Bob.

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Answered on 5/06/12, 5:58 pm


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