As has happened before in southern California, the simple act of walking the family pet ended in tragedy for a deaf woman. It happened one morning about a block from her home. The deaf woman was out for a walk with her small dog. A neighbor’s surveillance camera captured the incident. The woman’s screams can be heard during the attack.
The woman was bitten in the arm and in the buttocks by a loose pit bull that had gotten out when a careless owner accidentally left a latch open on a gate while cleaning her backyard.
However, a person bitten by a dog does not have to prove negligence, they only have to prove that they were bitten by the dog and were injured. So, in this case, accidentally leaving the gate unlatched provides no defense for the pit bull owner.
Immediately after the attack,the owner of the pit bull came out and pulled the dog away.
A neighbor says this isn’t the first time the dogs have attacked.
“They’ve attacked the mail man, they’ve attacked my dog, they’ve attacked other people that are walking their dogs, as well as people that were just walking,” said a neighbor.
The California dog bite statute does not require the bitten person to prove the dog’s reputation as a biter, unlike common law’s requirement of “scienter”. Scienter means the defendant (dog owner) knows that the animal had previously injured a person in the same manner, such as by a bite. For the deaf woman, it is only necessary is to prove the dog bit her and she suffered injury.
The owner of the pit bull took full responsibility and has offered to buy them another dog.
Being aware of potential dog bite situations in your neighborhood is the best defense. If you are concerned about a particular dog situation in your neighborhood, talk to neighbors, mail carriers, neighborhood watch, and the local kids to help you assess the potential danger of dog attacks in your area.
If you experienced the misfortune of a dog bite or attack, and you need the services of a Personal Injury Lawyer in Los Angeles please contact us at (323)947-2224 or visit the Personal Injury section on our website at the DAG Law Firm. Call today and we will connect you with Daniel A. Gibalevich, an experienced, aggressive, affordable Personal Injury Attorney in Los Angeles. After you have spoken with our Los Angeles Personal Injury Law attorney, we can schedule you a free face to face appointment to discuss your circumstances. If you have questions or are considering any aspect of Personal Injury Law, we can help! Call us now at(323)947-2224. We look forward to hearing from you and assisting you with any injury you may have suffered as result of a dog bite.