San Jose Fatal Dog Bite Lawyers
Fatal Dog Attacks in San Jose
Statistics show that more than 4.5 million people are bitten by dogs each year in the U.S., with about 20% of those bitten seeking medical attention for their injuries. According to the Centers for Disease Control and Prevention (CDC), "more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs" in 2006. Unfortunately, some dog bite injuries end in fatality, not surgery and recuperation.
Regardless of past behavior or circumstance, a fatal dog attack can occur at any time. Although there may be warning signs that a dog could potentially be dangerous, an animal's behavior is ultimately unpredictable. It only takes an instant for an individual to be significantly harmed by a dog's bite, which can quickly turn deadly depending on the placement of the bite, the amount of tearing and ripping the dog causes while biting, and whether or not the dog bite eventually leads to a life threatening infection. Furthermore, delayed medical assistance can also exasperate a dog bite injury, particularly if the victim has lost a great deal of blood or has been bitten by a rabid animal. In the end, the likelihood of death may not be as great as the likelihood of merely being injured, but the possibility of wrongful death caused by a fatal dog attack is still a grim reality.
Dog attacks can be fatal, especially if the involved dog has a history of biting someone in the past and has been labeled as dangerous. California Civil Code 3342.5 stipulates that "the owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal." In short, if an animal has already bitten someone in the past, then the dog owner must take all steps necessary to prevent such an attack from happening again. It should be realized though that past behavior is not always indicative of future behavior, and one should never assume that, just because a dog has never been a problem in the past, the dog is incapable of becoming a problem in the future.
In the event that an individual is injured and dies due to a dog bite, California Civil Code rules that "the court.may make any order it deems appropriate to prevent the recurrence of such an incident, including, but not limited to, the removal of the animal from the area or its destruction if necessary." For the family members of a dog bite wrongful death victim in San Jose, California law allows them to hold the owner of the dog "liable for the damages suffered by [their loved one].regardless of the former viciousness of the dog or the owner's knowledge of such viciousness." If an injury or death occurs, the dog owner can be deemed negligent and held liable for it by the state of California.
If you've recently lost a loved one due to a fatal dog attack, please don't hesitate to contact Van Der Walde & Associates today at (877) 862-6288. Our skilled fatal dog attack attorneys will examine the circumstances of your loss, holding negligent dog owners accountable for their actions. Call us today for a free first consultation, and our experienced San Jose dog bite attorneys will fight for your loved one's rights in a court of law.
