California Jogger Bitten by Dog and Owner

California Jogger Bitten by Dog and Owner

Most people don’t realize that dog owners have a duty of care to protect other people from injuries. Because dogs are not fully aware of their actions, or given the same legal responsibilities as human beings, it’s the owners who must be held accountable when a dog attacks.

In one particularly apparent instance of negligence, a California woman was attacked by both a dog and its owner as she went out for her morning run. According to reports, after the jogger had been bitten by the dog, she pepper-sprayed the canine in self-defense. She was also viciously attacked and bitten by its human owner, who has yet to be identified.

When Can I Sue for Dog Bite Damages?

Whether because of a lapse in training or abusive ownership, owners who allow their dogs to injure random passerby are legally responsible for those attacks, although the level of liability can vary from state-to-state. Under California Civil Code 3342, a dog owner doesn’t have any responsibility to protect someone who was bitten while trespassing. However, if the bite happens on public property – such as the path traversed by the jogger and her assailant in this case – the owner may be fully responsible for damages.

In this particular case, the owner also attacked and injured the woman in an assault, causing “significant wounds” on her forearm. That means the owner could be found liable in a civil court twice over, under the concept of intentional torts. Because of the clear intent for wrongdoing in this case, the East Bay Regional Police Department is also looking into the case as a criminal proceeding.

In this particular case, some of the possible damages that could be claimed include:

  • Crippling phobia
  • PTSD from the joint attacks
  • Pain and suffering
  • Anxiety disorder
  • Infection from the bite
  • Scarring and disfigurement
  • Bruising

Get the Fearless Advocacy You Need

Whether you’ve been attacked by a dog, another person, or even both at once, you could be eligible to ask for compensation from the negligent party. Although the criminal courts do not always pursue justice to its fullest extent, pursuing a civil action against a negligent dog owner can help you regain your confidence and sense of control, as well as the funds to deal with mounting medical bills.

Need to talk with a skilled San Jose dog bite attorney? Contact our personal injury team at Caputo & Van Der Walde LLP at (800) 900-0863 for a free case review.

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