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Oakland Personal Injury Lawyer / Blog / Dog Bite / 81-Year-Old Man Files Dog Bite Lawsuit Against Disneyland After Attack by Security Dog

81-Year-Old Man Files Dog Bite Lawsuit Against Disneyland After Attack by Security Dog

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An 81-year-old grandfather has filed a personal injury dog bite lawsuit against Disneyland after he says he was severely mauled after the dog’s trainer failed to handle the dog. The Las Vegas resident has filed a civil lawsuit against Walt Disney Parks and Resorts for medical expenses and pain and suffering damages.

According to the lawsuit, the plaintiff said that he and his family were walking toward the theme park on May 10, 2022, when a security guard caused the dog to walk directly in the man’s path. The plaintiff allegedly bumped into the dog which caused the dog to attack him. The dog bit the man in his stomach leaving a gaping flesh wound.

The plaintiff was immediately rushed to the hospital where he received medical treatment for the wound. He is expected to make a full recovery, but has incurred the cost of medical treatment as a result of the attack. He also has to live with the trauma of being attacked by the dog and the pain that it caused him. He is suing Disneyland for an undisclosed amount of money.

California’s dog bite statute 

California is a strict liability state when it comes to dog bites. In some states, plaintiffs are required to prove negligence. Negligence is proven by establishing that the owner of the dog either knew that the dog was prone to biting or that the dog was “vicious.” In some cases, certain breeds automatically qualify as “vicious” dogs. In California, you don’t have to prove that the dog owner knew that the dog was vicious prior to the bite. You don’t have to prove negligence at all. All you have to do is establish that the bite occurred and you were legally authorized to be in the place you were when the bite occurred.

There are, however, some exceptions to this rule. The bitten party cannot file a dog bite lawsuit if they were trespassing on the dog’s property at the time of the bite. In that case, the dog was doing what it was supposed to be doing, and the owner is not liable. In addition, the owner of the dog can claim that the bitten party provoked the dog in some manner and brought the bite on himself.

In the case mentioned above, Disney may attempt to claim that the plaintiff “provoked” the dog by bumping into him, but he was under the control of his handler when that occurred. Ultimately, the handler should have paid more attention to where he was going. The guest had a right to be there and the unfortunate accident resulted in serious injury and emotional trauma. The plaintiff is very likely to prevail in this case, and Disney will have to foot the bill for the dog handler’s negligence.

Talk to an Oakland, CA Dog Bite Attorney Today 

Have you been bitten by a dangerous dog? If so, the Oakland personal injury lawyers at Venardi Zurada can help you recover damages related to your injuries. Call our office today to schedule a free consultation and learn more about how we can help.

Source:

nypost.com/2023/08/08/81-year-old-grandpa-says-disneyland-dog-attacked-him-suit/

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