Pittsburg, CA asked in Personal Injury and Animal / Dog Law for California

Q: My son was walking home from school and was attacked by a pit bull. No significant injuries. Can we still sue?

My son was walking on the sidewalk on the way home. A pit bull ran out of the front yard where it was standing with its owners and began biting him. The owner, an adult female, yelled at the dog to stop But did not intervene. A child attempted to step Between my son and the dog but itnpushed past her and continued to attack. finally someone pulled the dog off him. Thanks to his jacket then bites did not puncture his skin but it left significant bruising where he was bit. Neighbors witnessed the incident, police report filed. Animal control said we could sue for emotional distress and injuries. Is this accurate? Not really interested in the money but the animal owner did nothing to stop the attack and animal control isn't taking the dog. My son is terrified to walk home now because of this. To take another route is going to add a significant amount of time to his walk.

3 Lawyer Answers
David Alan Wolf
PREMIUM
David Alan Wolf
Answered

A: The successful pursuit of this case may end up depending on coverage (if any) on behalf of the dog owner. Some homeowner's insurance policies cover dog bites and some do not. Fortunately, your son did not suffer any serious physical injuries thanks to his clothing. Consult with a local attorney to get some recommendations. It may be worth pursuing an insurance claim. I am not sure based on these facts if a lawsuit would be filed by an attorney due to the limited extent of the damages. Good

William John Light
William John Light
Answered
  • Animal & Dog Law Lawyer
  • Riverside, CA
  • Licensed in California

A: Yes, you can make a claim, but damages are awarded based upon injuries. If the injuries are minor, then the amount to be obtained will not be as great. Mr. Wolf also makes a good point about the availability of insurance to compensate your son.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: YES YOU CAN

ANIMALCONTROL SHOULD PUT THE DOG DOWN

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