Animal Injury Attorneys
In California, we have always heard of dog bites as being the most common animal injury one could experience. But what happens when you are injured by another animal?
One of the most important things one could do is to contact an animal bite injury attorney immediately to determine what your best options are and what legal claims to pursue.
Animal Bite Statistics
According to the World Health Organization:
- Animal bites are one of the major causes of deaths worldwide
- About 5 million people are bitten by snakes each year worldwide
- You are most likely to get rabies from a dog bite, a cat bite, and/or a monkey bite
- Dog bites are the highest risk to children
- Poisonous snake bites require anti venomous solutions
As seen with the statistics above, animal bites are a very serious issue not only in California, but among other states in the United States as well. Each state has a specific animal that is most common in that area. Animal bites depend on the type of animal, the size of animal, and the age of the animal, among other factors.
Southern California has a couple species of snakes that are more prone to biting during the summer months. Usually, snakes hide in damp areas were there may be food nearby. According to the Centers for Disease Control and Prevention, 7,000 to 8,000 people are bitten by venomous snakes every year. According to the World Health Organization, there is about 94,000 to 125,000 deaths annually as a result of snake bites. One of the major reasons is because many people do not have access to adequate medical care and they are not aware of the consequences of a snake bite. Our attorneys suggest that you seek medical help immediately after being bitten by a snake to confirm if that snake was a poisonous snake. Failure to do so may result in severe injuries, and possibly even death.
Under a snake bite claim, our attorneys might be able to bring forth a premises liability case. Premises liability occurs when property owners fail to act within the standard of care and fail to remove the hazard, causing injury to the plaintiff. For example, if you are walking in a pet store and are bitten by a snake, you may be able to have a claim against the pet store for premises liability. Symptoms of snake bites include redness, nausea, increased salivation, muscle twitching, numbness, etc.
Dog bites are the most common animal bites in the state of California. California has a specific dog bite statute where they review the dog owner’s liability when their animal bites another. One of the major factors the law looks at is whether the owner was aware of their dogs’ tendencies. For example, previous dog bites put the owner on notice that their animal is dangerous. So, failure to adequately restrain them makes the owner liable in a dog bite injury case.
Horse bites are more common in Nevada, sometimes as common as dog bite injuries. Horse bites could be very severe and lead to very severe injuries. A reason for this may be because horses also kick with their hooves when they bite. A claim that could be brought against the homeowner could be under negligence. This occurs when the horse owner was negligent in restraining their horse, and so their negligence caused plaintiff injuries when the horse bite and kicked plaintiff.
Strict Liability in Animal Injury Cases
Strict liability is a legal topic that essentially makes the defendant liable regardless of the precautions that they took. Even if the defendant exercise reasonable care, the defendant could still be liable under a strict liability claim. In California, the owner of a dangerous animal will be held strictly liable for damages to others. Wild animals include those who have dangerous propensities, an example being monkeys. The owner must know, or have reason to know the animals’ dangerous propensities. Certain California cases have held that horses are not considered wild animals under the strict liability theory.
California Civil Jury Instructions for Strict Liability Injuries Caused by Wild Animals
People who own, keep, or control wild animals are responsible for the harm that these animals cause to others, no matter how carefully they guard or restrain their animals.
To establish [his/her/nonbinary pronoun] claim, [name of plaintiff] must prove all of the following: 1. That [name of defendant] owned, kept, or controlled [a/an] [insert type of animal];
- That [name of plaintiff] was harmed; and
- That [name of defendant]’s [insert type of animal] was a substantial factor in causing [name of plaintiff]’s harm.
California Civil Jury Instructions for Strict Liability Injuries Caused by Domestic Animals
People who own, keep, or control animals with unusually dangerous natures or tendencies can be held responsible for the harm that their animals cause to others, no matter how carefully they guard or restrain their animals. To establish [his/her/nonbinary pronoun] claim, [name of plaintiff] must prove all of the following:
- That [name of defendant] owned, kept, or controlled a [insert type of animal];
- That the [insert type of animal] had an unusually dangerous nature or tendency;
- That before [name of plaintiff] was injured, [name of defendant] knew or should have known that the [insert type of animal] had this nature or tendency;
- That [name of plaintiff] was harmed; and 5. That the [insert type of animal]’s unusually dangerous nature or tendency was a substantial factor in causing [name of plaintiff]’s harm.
Experienced Animal Injury Attorneys are a Call Away
Animal injury claims differ based on the animal that has caused the injury. For example, dog bites have their own specific statute under California domestic animal law when compared to wild animals. It is very important to seek the advice of a skilled attorney that has dealt with your specific animal injuries in the past. For example, wild animal injuries would be very easy to prove when compared to domestic injuries.
Our experienced animal injury attorneys will work to gather all the evidence necessary to strengthen your claim and prove your animal injuries. Contact us at Heidari Law Group today for a free, no-obligation case consultation. During this consultation, we can determine the damages that you are owed because of the animal bites. We will work to recover your claim and ensure maximum compensation for your injuries. Our attorneys work on a contingency fee basis. This means that you do not have to pay a fee until we win a settlement or a judgement amount for you. We are top-ranked personal injury attorneys that are serving people throughout California, including Los Angeles, Fresno, Irvine, etc.
***Disclaimer: This page is created by Heidari Law Group for educational purposes. This article provides a general understanding of the law. It does not provide specific advice. By using this site and reading through this page, there is no attorney-client relationship created between you and any member of Heidari Law. Further, due to the constant change of the law, some parts of the information above may no longer be good law.