Animal Damage: How to Obtain Fair Compensation

Suffering an aggression or damage caused by someone else's pet, such as a dog bite, is an experience that can leave significant physical and psychological consequences. In these difficult times, it is essential to know your rights and the procedures for obtaining fair compensation for the prejudice suffered. Italian law provides specific protection for victims of such incidents, but navigating the rules and procedures can be complex. As an expert lawyer in compensation for damages in Milan, Avv. Marco Bianucci provides a clear overview of the subject, assisting damaged individuals in the process of having their claims recognized.

Owner's Liability According to Italian Law

The normative reference point for damages caused by animals is Article 2052 of the Civil Code. This rule establishes a very strict principle of liability for the owner of an animal or for whoever uses it during the period of use. The law presumes that this person is responsible for the damages caused by the animal, whether it was under their custody, lost, or escaped. This is a form of strict liability, meaning that to obtain compensation, it is not necessary to prove the owner's fault (negligence or imprudence), but it is sufficient to prove the causal link between the animal's behavior and the damage suffered.

The only way for the owner to be freed from this liability is to prove 'fortuitous event'. This is an unpredictable, unavoidable, and entirely exceptional event, external to the conduct of the animal and the owner, which caused the accident. Case law interprets this exception very restrictively, making it difficult for the responsible party to evade the obligation to compensate. For example, the victim's own imprudent behavior could, in some cases, constitute a fortuitous event, but each situation must be assessed in detail.

The Approach of the Bianucci Law Firm

The approach of Avv. Marco Bianucci, a lawyer with extensive experience in compensation for damages in Milan, is strategic and personalized. The first phase consists of an in-depth analysis of the case, gathering all necessary documentation to support the compensation claim. This includes medical reports from the emergency room, sick leave certificates, forensic medical reports for the assessment of biological damage, photographs of the injuries, any witness testimonies, and official reports from intervening authorities. Complete and accurate documentation is the foundation for a solid compensation claim.

Subsequently, a formal notice (messa in mora) is sent to the opposing party, i.e., the animal's owner, and their potential civil liability insurance company. The primary objective is to reach a fair and satisfactory out-of-court settlement quickly, negotiating compensation that fully covers all damages suffered: biological, moral, and material. If negotiations do not lead to an adequate outcome, the firm is prepared to initiate legal action to fully protect the client's rights in court.

Frequently Asked Questions

What should I do immediately after being bitten by a dog?

It is essential to go to the emergency room immediately to receive necessary medical treatment and obtain a medical report attesting to the injuries sustained. If possible, it is important to identify the dog and its owner and gather the details of any witnesses present at the time of the aggression. It is also advisable to take photographs of the wounds and file a complaint with the competent authorities (Local Police, Carabinieri).

Who pays for the damages if the animal was not with the owner?

The law states that liability falls not only on the owner but also on anyone who has the animal in use or custody at the time of the incident. For example, if the dog was entrusted to a dog sitter or a relative, the liability for compensation could also extend to this person, often jointly and severally with the owner.

How long do I have to claim damages?

The right to compensation for damages arising from a tort, such as that caused by an animal, generally expires five years from the date of the incident. However, it is advisable to act promptly to avoid compromising the ability to gather effective evidence to support your claim.

Is it always necessary to go to court to obtain compensation?

No, not always. Many cases are resolved through out-of-court negotiations with the animal's owner and their insurance company. An experienced lawyer in compensation for damages will manage the negotiation to try to obtain fair compensation without having to initiate a lawsuit. Court action is only taken if a satisfactory agreement cannot be reached.

Request an Assessment of Your Case in Milan

If you or a family member have suffered damage due to a pet, it is your right to obtain full compensation for physical injuries, pain endured, and expenses incurred. Undertaking this process requires expertise and determination. For a clear and professional assessment of your situation, contact the Bianucci Law Firm. Avv. Marco Bianucci will analyze your case to outline the most effective legal actions to protect your interests.