DOG BITE: WHAT SHOULD BE DONE?
Being bitten by a dog is not such an uncommon occurrence. In Italy, 64 people were reported to have been attacked by dogs in the first three months of 2023. Of the 53 adults attacked, 24 ended up in the hospital with deep wounds, while others got off with prognoses however often no less than 20 days.
In the area of third-party liability, dog bite cases are among the most common cases.
Owner's responsibility:
According to Italian law, the owner of a dog is always liable for damages caused by the animal unless he or she proves that the event occurred by accident . This liability extends even if the dog is lost or escaped. It is, therefore, what is commonly called strict liability, that is, a liability for an act for which one may not have been at fault. This is because the dog owner must take all possible measures to avert the risk of injury to others.
In the case of a dog bite, the injured party is entitled to compensation for the pecuniary and non-pecuniary damage suffered. Pecuniary damage includes all expenses incurred by the injured party for medical treatment and restoration of his or her health, while non-pecuniary damage concerns the moral and psychological damage suffered by the injured party .
The compensation of 90,000 euros in Trent
In many cases, dog owners who have caused damage to third parties have been forced to pay tens and tens of thousands as compensation.
This is the case of a lady who was attacked by a dog in 2013 and was awarded 90,000 euros in compensation established by the Court of Trent. According to the reconstruction of the facts, the woman was walking undisturbed when the dog allegedly attacked her, causing a wound that required a 30-stitch suture. Despite the dog owner's attempt to defend himself, who claimed it was the woman's careless behavior that provoked the dog's reaction, the judge decided to give credence to the testimonies. The testimonies gave a different version of events, the dog would in fact have been without a muzzle and tied to an excessively long leash. Responsibility was therefore found solely with the dog's owner, who would not have taken the possible measures to avert the risk.
What to do in case of a dog bite?
In order to obtain compensation for the damage caused by a dog bite, the injured party must be very careful in the early stages to make sure that he or she does not make any missteps that would make the subsequent work more difficult.
First, it is necessary to mark down the particulars of the dog's owner or those who had custody of the dog at the time of the incident. With a view to wanting to assert your rights, it is always a good idea to get a statement from the dog's owner from which a description of the events that occurred and the manner of the incident emerges. In addition, it is important to notify the authorities if there is a lack of cooperation on the part of the animal's owner.
With regard to establishing the physical injury, it is very important to make an initial visit to the emergency room to have a document proving the correlation between the injury and the actual cause. Subsequently, further more specific examinations can be made to quantify the extent of the damage, including psychological.
Once this information is gathered, the injured party can proceed with reporting the incident to the appropriate authorities.
Once the claim has been filed, it is necessary to contact a claims expert.The expert will evaluate the case and proceed with sending the claim.
It is important to rely on an expert because compensation for the damage will only occur if there are grounds for claiming it, and making mistakes in the process could lead to a denial of payment.
FREQUENTLY ASKED QUESTIONS
Most common doubts among our customers
Order of the Civil Cassation no. 2644/2018
"[T]he costs of out-of-court legal assistance in a road accident constitute consequential damage within the meaning of Article 1223 of the Civil Code and [...] must be compensated."
The Italian Constitution guarantees the right of defence through an advocate for the purpose of compensation for the damages as well as compensate you for the cost of your legal defence.
To put it shortly: the injured party has the right for assistance from an advocate to ensure a fair defence. The cost of this service is a percentage of the total compensation of the damage. The cost of our service however is by law part of the total cost of the compensation and will be covered in full by the insurance.
ESSEBI RISARCIMENTI wants to safeguard you in these situations as well. We don’t ask for any advance for our service and we will receive our fee when you get compensated.
For you this means that our service will be free as it will be provided by the insurance.
The law n.4/2013 established the profession of EXTRAJUDICIAL PATRON (defender).
The standard defines the requirements for the professional activity of the Patrocinatore Straudiudiziale, i.e. the damages expert who provides out-of-court advocacy.
An out-of-court advocate is a freelance professional who provides assessment and advice to injured parties in accident compensation cases of all kinds. He is not only a mediator who "brings the parties together" in the event of a road accident or incident, but also a professional who is able to follow the entire accident process up to the recognition and settlement of fair compensation and damages for the injured party, in accordance with the regulations in force.
The timeframe for compensation following a road accident extends from 30 to 90 days from full recovery, or in the case of auto damage only, from repair of the vehicle.
With regard to general liability, the timeframe varies depending on the case. Essebi Risarcimenti guarantees a resolution in the shortest time possible under the law.
When you are the victim of an accident or other cause for which you are entitled to compensation, you may not have the financial means to pay in advance for medical expenses, vehicle repairs or assistance. Essebi Risarcimenti helps you with this. As well as providing you with ten years' experience in the sector, it anticipates all medical and other expenses through the best partners nationwide. Moreover, you won't be asked for an advance on servicing costs, you'll settle the bill once you've been reimbursed by the insurance company.
The other party's insurance company is obliged by law to pay damages if the other party is liable, even in cases of contributory negligence. Before taking over your case Essebi Risarcimenti will assess it in the first non-binding interview to ensure that the liability is not solely your own. Once the case has been accepted, all risks are borne by Essebi Risarcimenti. In the event of a negative outcome, you will not be asked to pay any assistance fees.