Normally, a defendant is not presumed to be liable; it is up to the plaintiff to show that the defendant did something he or she should not have done. The "test" is usually whether someone has acted reasonably. But in some cases, it does not matter whether the person has acted reasonably - the defendant is
strictly liable. This means that the defendant is liable no matter that he took every reasonable precaution, acted reasonably, etc. Among these cases are
dog bites.
The doctrine of strict liability generally allows individuals injured as a result of another's dog to recover for their injuries without proving fault. There is no need to show that the dog's owner knew it was dangerous, failed to take adequate precautions, etc.
Negligence, on the other hand, requires that you show that the defendant failed to take adequate precautions, knew about a danger but failed to warn you, failed to maintain control of his vehicle, etc.
Damages Recoverable In a Dog Bite Case
Permanent And Severe Disfigurement
Imagine that everywhere you go, every time you enter a room, the first thing people notice about you is not your hair color, not that you are well dressed, not the color of your eyes; instead the first thing everyone notices about you is a large scar stretching from one side of your face to the other. The scar was left there after a dog attacked you, nearly removing the skin off of your skull. That is the kind of permanent and severe disfigurement that – like your reputation – precedes you into any room you enter. These cases are tragic, and the scars are long lasting and have a severe impact. The damages in a case like this may well stretch into the millions of dollars.
Permanent Scarring On Legs, Arms
Depending on the scale and place of a scar on your arms or legs, the monetary damages attributable to such a scar might range from $10,000 up to the $100,000’s. In my experience, a small ‘permanent’ scar may be able to be minimized through plastic surgery. The typical cost is $8,000-$10,000. For larger scars, it may not be possible to effectively minimize the appearance of scars. In cases where the scars are large, visible and incapable of being hidden the damages are obviously greater.
Who The Plaintiff Is
A lot depends on who the plaintiff is. If you are a construction worker and you are already full of scars, the impact of an additional scar may not be great. But what if you are a model? So the damages depend in large part on who “wears” them. Generally, women are more damaged (at least in the legal arena) by scarring than are men.
If you have any questions about a personal injury claim, call Pete Clancy at 925-835-7500.