Dog attack and the right to compensation

Suffering a dog attack is a traumatic experience, leaving not only physical but also psychological consequences. In addition to pain and fright, one faces medical expenses, possible loss of working days, and a sometimes complex healing process. In these circumstances, it is essential to know that Italian law protects those who suffer damage, providing for a precise duty of compensation on the part of the animal's owner or keeper. Understanding how to act and who to turn to is the first step to having your rights recognized. The assistance of an expert personal injury lawyer in Milan, such as attorney Marco Bianucci, is crucial to correctly manage the entire procedure and ensure that every aspect of the damage suffered is adequately quantified and compensated.

Owner's responsibility: what the law says

The reference regulatory framework is outlined by Article 2052 of the Civil Code, which governs 'Damage caused by animals'. This rule establishes a principle of strict liability: the owner of an animal, or anyone who uses it for the time they have it in use, is responsible for damages caused by the animal itself, whether it was under their custody, or whether it was lost or escaped. This means that liability arises simply from being the owner or keeper, regardless of any direct fault. To be released from such liability, it is not sufficient to demonstrate having used ordinary diligence in the animal's custody; it is necessary to prove 'fortuitous event', meaning an unforeseeable, unavoidable, and exceptional event, completely external to the owner's sphere of control, which was the sole cause of the damage.

What damages can be compensated

Compensation following a dog bite is not limited to the reimbursement of medical expenses alone. The assessment of damage is a complex process that must take into account all negative consequences suffered by the victim. Generally, compensable damage categories include: biological damage, understood as the injury to the person's psycho-physical integrity, which is liquidated based on a medical-legal expert opinion that ascertains points of temporary and permanent disability; moral damage, relating to the inner suffering and psychological distress endured due to the event; pecuniary damage, which includes both 'emergent damage' (medical, pharmaceutical, rehabilitation expenses) and 'loss of profit' (loss of income due to inability to work during the convalescence period).

The Approach of Bianucci Law Firm

Dealing with a compensation claim requires expertise and method. The approach of attorney Marco Bianucci, an expert personal injury lawyer in Milan, is based on a precise and personalized strategy aimed at guaranteeing the client maximum protection. The process begins with a detailed analysis of the case, collecting all available medical documentation and testimonies. Subsequently, the animal's owner and their potential civil liability insurance coverage are identified. The next phase involves sending a formal request for compensation (warning letter), rigorously quantifying all damage categories. The Bianucci Law Firm manages negotiations with the opposing party or their insurance company, pursuing a quick and fair out-of-court settlement. If a satisfactory agreement cannot be reached, legal action is pursued to obtain fair compensation in court.

Frequently Asked Questions

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

It is essential to go immediately to the emergency room to receive necessary care and obtain a medical report confirming the injuries. If possible, it is important to identify the dog and its owner, collect details of any witnesses, and take photographs of the wounds. These elements will be essential for the subsequent compensation claim.

Who is responsible if the dog was kept by another person?

The law indicates as responsible whoever was using the animal at the time of the event. Therefore, if the dog was entrusted to a dog-sitter or a relative, the responsibility primarily falls on them. However, the owner could be held jointly liable, depending on the specific circumstances of the case.

How long do I have to claim compensation for a dog bite?

The right to compensation for damage resulting from an unlawful act, such as an animal attack, is subject to a five-year statute of limitations. The term starts from the day the harmful event occurred or, in the case of injuries, from the moment of clinical recovery with stabilized permanent sequelae.

Is it necessary to file a criminal complaint to obtain compensation?

It is not strictly necessary. The request for compensation follows a civil process, which is independent of any potential criminal action for negligent injury. Filing a criminal complaint can, however, be useful in some contexts to strengthen one's position, but the compensation claim can proceed even without it.

Request a Case Evaluation in Milan

If you have suffered injuries due to a dog bite and wish to understand how to proceed to obtain fair compensation, you can contact the Bianucci Law Firm. Attorney Marco Bianucci, with his consolidated experience in personal injury compensation in Milan, will provide an in-depth analysis of your situation and assist you at every stage of the process, from the out-of-court request to potential court action, to ensure the complete protection of your rights.