If Iwas attacked by a dog but not bitten, can I sue the dog owner for being negligent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Iwas attacked by a dog but not bitten, can I sue the dog owner for being negligent?
I was out for a walk the other evening. While I was returning home I was attacked by a bulldog. I managed to avoid being bitten by moving fast and using my walking stick to defend myself. However I am outraged that the dog owner did not have his dog under control and that this could happen. What legal recourse do I have in this matter? Can the dog owner be prosecuted? If not there is something terribly wrong here. I was extremely lucky to escape this attack with very minor injuries.
Asked on September 5, 2010 under Personal Injury, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You can sue the dog owner for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable person would have exercised under the same or similar circumstances to prevent foreseeable harm). The dog owner's failure to control his dog constituted negligence because it was foreseeable that the dog would attack someone.
In addition to a cause of action (claim) for negligence in your lawsuit, you may be able to include an additional cause of action for strict liability. Strict liability is applicable in dog bite cases and means that even if due care was exercised, the dog owner is liable because the harm (attack) was foreseeable. Strict liability in a dog bite case is only applicable if this was NOT the first incident in which this dog had attacked someone. If your particular incident was the first time the dog had attacked someone, then strict liability is NOT applicable.
Prior to filing your lawsuit, if the dog owner has an insurance policy that would be applicable to this situation, try to negotiate a settlement with the insurance carrier. If you are dissatisfied with settlement offers from the insurance carrier, file your lawsuit against the dog owner. If the case is settled, no lawsuit is filed. If the case is not settled, you will need to file your lawsuit prior to the expiration of the statute of limitations or you will lose your rights forever in the matter. California has a two year statute of limitations in personal injury cases.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.