California Injury Blog
Recently there have been several dog bite incidents involving young children or infants in the San Bernardino area. On May 27, 2010, there was yet another tragedy when 2-year-old Nathan Aguirre was mauled to death by his family’s pit bull in the backyard of his own home. The San Bernardino Sun reports that the fatal dog attack occurred when Nathan’s father stepped inside their home for a few moments after playing with Nathan and their two pit bulls in the backyard. Moments later Nathan’s mother found the dog attacking the child. By the time, the child was transported to the hospital, it was too late. He had already suffered fatal head and neck injuries.
I offer my deepest condolences to the parents of this child for their tragic and heartbreaking loss. They will be in my prayers.
A Dangerous Breed?
This incident is another example, which goes to show that children must not be left alone with dogs, whatever breed of dog it might be. Pit bulls and Rottweilers have especially developed a reputation as dangerous breeds of dogs. Although pit bull advocates will deny that pit bulls are vicious, statistics tell a different story. According to numbers released by Dogsbite.org, pit bulls and Rottweilers accounted for 70 percent of all dog attacks causing serious personal injuries or fatalities in the United States over the last five years.
Dog Bite Laws
California has a “strict liability law” when it comes to dog bites. In this particular fatal dog bite case, the parents may face criminal negligence charges if prosecutors find that their negligence caused Nathan’s death. If this had happened to a neighbor’s child or a visitor to the house, then the dog owners can be held liable.
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.”
If you or a loved one has been injured in a dog attack as a result of someone else’s negligence, please remember that you do have legal rights to compensation. Injured dog bite victims could seek compensation to cover medical expenses, loss of earnings, hospitalization, and other expenses related to cosmetic surgery and psychological counseling. The best California personal injury lawyers will always offer a free and comprehensive consultation to injured victims and their families.
Should California make breed bans legal?
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.