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Nature of Animal Attack Cases

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Author: Mark Dacanay


A victim of an animal attack can receive compensation for their injuries either through damages awarded by the courts or through a settlement with the liable party.

An animal attack may result in various personal injuries such as:

Abrasions

Lacerations

Punctures

Tissue damage and avulsion

Sprain and strain injuries

Scars

Infections such as rabies

Aside from physical injuries, the victims may also feel some mental and emotional distress because of the trauma they experienced.

An animal attack can be caused by a lot of things, but one we always forget is that even domesticated, animals have instincts that are different from human beings.

Here are some animal behaviors that may lead to an attack

Dominance - Some animals may seek to dominate others in their pack or family. An animal seeking dominance may use aggression to show its power and authority. Pet owners are discouraged from letting their pets become overly dominant as it may lead to lack of respect and disobedience even with the owner.

Fear and self-defense - Animals react when they feel that they are in danger. It does not matter if it is not really under attack--noises, surprises, taking its food can be interpreted by the animal as an attack and may respond in aggression to defend itself. This may also relate to mothers and their young. The instinct to protect family is common to many animals. A person taking a puppy from its mother can expect to be attacked by the dog.

Territoriality - As with dominance, an animal may claim certain locations as its territory. It does not necessarily have to be its owner's home; it may be the streets or the backyard of a neighbor. Anyone who enters the territory is in danger of an attack.

Sickness - Some disease can induce aggression on an animal. One example of a sickness that can induce attacks is rabies.

Predatory Instinct - No matter how domesticated, an animal retains some of its predatory instincts. A person who an animal detects as a prey can be a subject of an attack.

Redirected aggression - An animal that is already on edge from another incident may release its aggression on another subject.

Under California law, the owners of the animal are the ones to be held liable for their pets actions unless the victim provoked the attack.

The owner will be liable if any of the three conditions are met:

The animal attacked the victim in a public location or within the property of the animal owner.

The animal has a history of being dangerous.

The owner performed a negligent action that resulted to the animal attack.

Once that is established, your animal attack settlement attorney can negotiate with the animal owner's party including their insurance company about your compensation.

If no settlement is agreed upon, you can go file the appropriate charges. A settlement can still be reached but it has to be approved by the court.


About the author: To help you deal with issues involved in case of animal attack, consult with our skilled animal attack settlement attorneys. Visit our website at http://www.personalinjurydefenders.com/ and avail of our free case evaluation.


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