In San Diego, it can be an out-of-blue situation where your dog gets attacked by another dog. It is a traumatic experience, but you can take legal action against the owner. You need to understand the legal perspective and consult with the personal injury lawyer so that you can seek appropriate remedies and sue the owner of the other dog. Here is a detailed guide on what you should do if a dog attacks your dog.
Legal Action for Suing After a Dog Attack
Your dog is considered personal property in San Diego, allowing the owner to opt for legal action if another dog attacks your dog. If your pet is harmed, you can sue the other dog’s owner, but you should also understand when to implement it. Based on the Civil Code Section 3342(a), the strict liability dog bite statute, the law applies only if any human gets harmed in the process and not on a dog-on-dog attack. So, you must file a property damage lawsuit based on negligence if another dog injures your pet.
Also, you have to provide evidence that the other dog’s owner was liable for the circumstances as they couldn’t take reasonable care to prevent the accident. You have to prove that the dog’s owner was not aware of the aggressive nature of their dog, or they might have violated local leash laws.
What are the Potential Damages Recoverable?
If your dog faces a dog attack, then here is the potential damage recoverable you can go through:
- The other dog owner has to bear the veterinary expenses, including medical treatment, medication, and if surgery is required.
- They also have to bear the compensation if your dog faces a reduction in market value due to the injuries, in case they used to participate in any competition.
- The recklessness or intentional behavior can lead to emotional distress where your dog has to suffer a lot, and this loss can also be listed under the compensation. However, you need help from a personal injury lawyer at https://hhjtrialattorneys.com/, who can help with the claim, as these arequite challenging and require extreme proof.
What is the Owner’s Liability in Dog-on-Dog Attacks?
The owner is marked as liable or negligent if they knew about the aggressive behavior of their dog but still did not care to take any appropriate measures to prevent such situations. Also, they are marked as negligent if they fail to abide by the local leash law or don’t follow the animal control regulations. So, you have to establish that the owner’s negligence led to the harm caused by their dog.
Steps to Take After a Dog-on-Dog Attack
After a dog-on-dog attack, you must seek prompt medical attention, as your dog’s health should be your priority, and then document the incident. Gather as much evidence as possible and report to Animal control or notify the local authorities. You must also consult a legal professional to guide you through the process.
Conclusion
If another dog attacks your dog, you have the right to seek compensation. The liable party is responsible for covering medical expenses, emotional distress, and more, but you must understand your legal rights and take prompt action to navigate the situation.
