On Tuesday, October 9, a put bull attacked and seriously injured 4-year-old Hailey Nunez in National City. While walking her dog near Laurel Avenue and Fourth Street, 22-year-old Brittany Gardiner consented to the toddler’s request to pet the animal. The dog bit Nunez’s face and shoulder when she attempted to touch it. After multiple attempts by neighbors, she was finally freed from the dog’s grip and transported to Rady Children’s Hospital to receive surgery for the trauma she suffered. Gardiner attempted to drive away from the scene with her dog but was apprehended. She faces three charges of child cruelty, obstruction of a police officer, and owning an animal that causes serious harm.
“Under California law, the victims of dog attacks may hold the owner liable for the expense of their recovery,” explained personal injury lawyer James Ballidis, “such as for medical bills, lost wages, and pain and suffering.”
California Civil Code section 3342 indicates that anyone bitten by a dog while in a public place or lawfully in a private one—including the property of the owner of the animal—may hold the owner liable for any damages resulting from the attack. This law is applicable regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
All of us at Allen, Flatt, Ballidis, and Leslie would like to wish a full recovery to Hailey Nunez, the toddler who was attacked and seriously injured by the pit bull.
NBC San Diego originally reported this National City dog attack.
Resources for those who have been bitten and injured by a dog, such as books and articles on state dog bite laws and the injury claims process, are available to the public free of charge through our office.
If you would like to request one of these free resources, or to speak with a California personal injury lawyer, feel free to call 866-981-5596.
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