Tom Atkinson, 56, was injured in a dog bite incident in an Escondido gated community, according to a news report in the North County Times. He was apparently finishing a jog on Rock View Glen in the Emerald Heights development when he noticed what looked like two loose pit bull mix dogs growling at a neighbor and his leashed dog. As Atkinson walked on, the dogs lunged at him. He fought them off and they ran away, but returned and bit him several times. Atkinson sustained a bite to the forearm and another deep bite to the thigh. The report states that the owners of the dogs have chosen to euthanize the 5-year-old dogs, which have been the subject of prior complaints.
My heart goes out to Atkinson, who is dealing with dog bite injuries. I wish him the very best for a speedy and complete recovery.
Dog Bite Law in California
Based on these news reports, it appears that the dogs were running loose in the neighborhood and apparently, it wasn’t the first time that these dogs have displayed aggressive behavior or even bitten someone. California has a “strict liability statute” when it comes to dog bite cases. This essentially means that the dog owner is responsible for personal injuries or damages suffered by any person who is bitten by the dog in a public place or in private property, provided they are there legally.
In California a person bitten by a dog sues in state court under California’s Civil Code Section 3342 which states: “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while 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.”
Claim for Compensation
Atkinson would be well-advised to contact an experienced California dog bite lawyer who will help protect his rights and help secure fair compensation for his injuries and loss. The owner of the dogs should be made to compensate Atkinson for his medical expenses, loss of wages, pain and suffering, emotional distress and related expenses. Dog owners who cannot take responsibility for their pets should not be allowed to own them. And if the dogs hurt or kill someone, it is the owner who must be held accountable.
The Bisnar Chase Personal Injury Attorneys is not representing any of the parties mentioned in this article at the time the article was posted. Our information source is cited in the article. If you were involved in this incident or a similar incident and have questions as to your rights and options, call us or another reputable law firm. Do not act solely upon the information provided herein. Get a consultation. The best law firms will provide a free consultation. We provide a free, confidential consultation to not at fault persons named in this article. The free consultation offer extends to family members as well.