In Connecticut, a personal injury victim from a pit bull attack may be awarded damages for medical expenses and additional money for pain and suffering.
The victim alleged that while she walking her dog a pit bull owned by the defendant attacked her. She sustained abrasions to the right knee and foot, a shoulder injury, muscle spasms, scarring, loss of range of motion and pain and suffering. There was also a claim for past and future medical expenses.
In Connecticut, if a personal injury victim from a dog bite was not a trespasser, not committing a tort and not provoking the dog, the owner has no defense. The defendant did not deny liability but argued that the judge should consider the plaintiff’s pre-exisiting injuries when deciding the amount of compensation.
The judge awarded $10.500 – $9,500 for out of pocket expenses and $1,000 for pain and suffering. I have seen many other cases involving pit bull attacks were the damages were far greater. However, my only knowledge of this case is from reading the judge’s decision. Therefore, under the unique circumstances of this case the judge found this amount to be fair and reasonable.
Although the owner and/or keeper of the dog is the person sued, the source of the payment is sometimes homeowner’s insurance. This is preferred since the insurance company has “deep pockets.”
In this case, it does not appear that insurance was available since the defendant was ordered to make weekly payments of $50. If insurance were available, the company would have paid a lump sum.
Please contact me if you or a family member were the victim of a pit bull attack.