81-Year-Old Grandpa Attacked by Disneyland Security Dog
An 81-year-old man has filed a lawsuit against Disneyland in California after he was bitten by a security dog. According to the plaintiff, the dog’s handler allowed the dog to step right in front of the plaintiff which caused the plaintiff to step directly in front of the dog. The dog then bit the plaintiff in the stomach causing severe lacerations. The plaintiff is suing the park for damages related to medical expenses, emotional distress, and pain and suffering. According to the plaintiff’s attorney, the plaintiff suffered multiple lacerations on his stomach as a result of the dog bite. In this article, the Oakland, CA dog bite attorneys at Venardi Zurada will discuss the lawsuit and the potential resolution.
Strict liability in dog bite cases
Strict liability is a concept under the law that does not require a plaintiff to prove negligence in their lawsuit. In these cases, it is enough to establish that the incident occurred and that the attack was unprovoked. There are precious few defenses to a dog bite under California’s rules. The defendant would have to establish that the injured party was either trespassing or otherwise provoked the dog in some manner to prove that they are not liable for the dog bite injury. Disneyland could argue that the man stepped on the dog as their paths crossed, but the negligence would still fall on the handler for allowing the dog to step in front of the plaintiff. In this case, there is enough to show that the park was negligent for the dog bite that resulted in injury to the plaintiff.
Damages in a dog bite lawsuit
Damages in a dog bite lawsuit are related to the extent of your injuries. In this case, the plaintiff wasn’t necessarily severely injured but did suffer lacerations to his stomach and the emotional trauma of being attacked by the dog. Those are compensable damages in California and it remains unclear whether or not there will be permanent scarring. If there is, that could drive up the cost of the plaintiff’s damages and the defendant will be paying out more because of the permanent scarring.
Dog attacks can cause serious injury to plaintiffs and sometimes, they even result in death. Among the most likely injuries that you will suffer are lacerations to the skin that will require immediate medical treatment.
Is the park responsible?
The park is absolutely responsible for this incident and the plaintiff is likely to win his lawsuit against Disneyland. Disneyland, knowing that they don’t have much of a defense, is likely to settle the suit for what they hope will be as little as possible to avoid the cost of a jury trial where they are likely to lose. They don’t have much of a defense—it was their dog that initiated the attack against the plaintiff and their handler who allowed the dog to cross into the plaintiff’s path. So, the liability falls on them.
Talk to an Oakland, CA Dog Bite Lawyer Today
Venardi Zurada represents the interests of those injured in pet attacks. Call our office today to schedule a free consultation and learn more about how we can help.
Source:
foxnews.com/us/grandpa-attacked-disneyland-security-dog-lawsuit
