Dog attacks that result in fatalities are rare, but when they do occur families are often left devastated and looking to hold the dog owner accountable. If an owner was negligent in controlling their dog, surviving family members may be able to pursue a wrongful death civil lawsuit and seek compensation.
What Constitutes Owner Negligence?
For a dog owner to be liable in a wrongful death suit, the plaintiff must be able to prove that the owner was negligent. Some examples of negligence may include:
- Failure to restrain or confine the dog properly. This could mean not keeping the dog confined in a yard with adequate fencing, not keeping the dog on a leash in public areas that require it, or allowing the dog to run free without supervision.
- Failure to train and socialize the dog properly. Owners have a responsibility to train their dogs to be non-aggressive and socialize them from a young age. Lack of training may demonstrate negligence if it contributes to aggressive behavior.
- Failure to take precautions with a dog known to be dangerous. If an owner knows their dog has shown aggressive tendencies in the past, extra precautions need to be taken to prevent attacks.
- Violating local dangerous dog laws. Many areas have laws pertaining to dangerous dogs including mandates for restraint, signs warning others, muzzle use and insurance policies. Violating these laws shows negligence.
- Failure to get a dog with known vicious propensities neutered or spayed. Intact dogs are more likely to exhibit aggression.
Proving the Owner Had Knowledge of the Dog’s Temperament
A vital component of proving negligence is demonstrating that the owner had knowledge of the dog’s dangerous tendencies or temperament. This may be established by showing previous incidents involving the dog, complaints about the dog’s behavior, or even the dog’s breed. Certain breeds like pit bulls are known to be more prone to aggression, so choosing to own one indicates some knowledge of risk.
Wrongful Death Damages
If negligence is established, families of the deceased may be able to recover damages through a wrongful death suit. Typical damages may include:
- Medical and funeral expenses
- Loss of future earnings the deceased would have generated
- Loss of benefits the family would have received from the deceased
- Pain and emotional suffering of family members
Punitive damages may also be pursued if the owner’s behavior was found to be reckless or intentional. An attorney can help determine the full extent of damages that may be sought.
When a dog attack turns fatal, families experience immense grief and loss. Holding a negligent owner accountable through a wrongful death civil lawsuit can provide financial compensation and a sense of justice. By proving the owner failed in their duty to control their dog and had prior knowledge of the dog’s temperament, victims’ families may successfully prove negligence and recover damages.
Pursuing litigation can never bring back the loved one, but it provides recourse to prevent future deaths and compensate families for their loss.
Contact the Scarlett Law Group today if a loved one died in a fatal dog attack.
Visit our office at: 536 Pacific Avenue, San Francisco, CA 94133.
Call now for a free consultation on (415) 352-6264.