Legal Question in Personal Injury in California
What is my recource after a pitt bull attack? Three dogs, my husband and myself were attacked by an unrestrained pitt. One dog having to undergo surgery, one having to have medical care and my husband and myself having to go to the ER for treatment for our injuries. We have already incurred over 5,000.00 dollars in bills.
7 Answers from Attorneys
The owner of the dog is directly responsible for your damages. There may also be statutory violations for allowing the dog to be unrestrained. Your best recourse is to find a personal injury lawyer in your area and sue for damages. Good luck.
You can sue them or make a claim for damages even before the lawsuit. I am in the Sacramento area if your accident happened in northern California.
You may have a good case, but to get the full value on it, you will need the help of an attorney. Dog owners are "strictly" liable for bites by their dog. That means that all you have to prove is the identity of the owner. Whether or not you can get money on the case, however, depends on the financial situation of the dog owner. An attorney can investigate to discover if the person has any insurance to cover your loss. Also, an attorney can make sure you get all the medical care you need, so don't delay, call and hire an attorney right away. If you're in the LA area you can reach me at (877) LION-FOR-LAW (546-6367)
The above advice is helpful if you are in the Southern California area, OC or LA, I make house calls. (800)746 5873
Charles Rossman
You probably have a slam dunk winner as far as their being legal liability, but most pit bull owners I've encountered are creepy people who don't have jobs, assets, insurance, or money; and most attorneys will run from you as soon as they discover there's no "deep pocket." Watch out for legal time limits. If the defendants do have insurance, don't sign anything or communicate with the insurance company in any way except through your own attorney.
I agree with the previous answers' legal analysis, though of course I have no opinion about Mr. Stone's experiences with people who own pit bulls.
Please note that people other than the dog's owners may be liable here. For example, if the owners kept the dog properly fenced in but someone else opened the gate and let her out, that person may be liable. You should meet with a lawyer and discuss the facts in detail.
Good luck.
You have received an number of comments on your rights but just to clairify: This is a case of strict liability (not just basic negligenct) for a dog bite attack as previously noted. It entitles the victim to reimburssement for all damages such as medical/hospital bills, medication, pain and suffering and any loss of earnings. I hope this helps. Bob