Chain | Cohn | Clark files claim on behalf of family of 8-year-old attacked by dog at school
Chain | Cohn | Clark has filed a claim on behalf of the family of a second-grade student who was bitten on the face by a dog while in her classroom.
Leilani, 8, suffered severe lacerations and tearing to her face when she was attacked by one of two large dogs visiting her classroom on May 9 at Wayside Elementary School (Bakersfield City School District) in south Bakersfield. The dogs belonged to a volunteer reader from the Kern County Superintendent of Schools Office.
The family alleges in the claim that Bakersfield City School District and the Kern County Superintendent of Schools Office negligently allowed the volunteer reader to bring into the classroom two dogs, and failed to supervise the dogs in a safe manner. As a result, Leilani suffered severe injuries. The family further alleges that the dog owner is strictly liable pursuant to California Civil Code section 3342 (Dog Bite Statute).
This case is a warning to school officials and parents toward allowing animals near young students on school campuses.
“A school should know better than to allow dogs into a second grade classroom. No matter how gentle the dogs may be, their behavior can be unpredictable,” said Matthew C. Clark, attorney at Chain | Cohn | Clark. “Unfortunately for Leilani, she is likely to have lifelong facial and lip scarring, and vision difficulties. Let this be warning to schools, and to dog owners: Do not bring dogs onto school campuses. The risk is simply too great.”
Chain | Cohn | Clark resolved a lawsuit in 2016 on behalf of a Bakersfield woman for $2 million in what was the largest award for a dog bite case against a public entity in California at the time, according to VerdictSearch, a verdict and settlement database.
UPDATE: AUGUST 2019
Chain | Cohn | Clark filed a lawsuit against the Bakersfield City School District on behalf of Leilani Rivera.
“This little girl is scared to go back to school,” attorney Matthew Clark told The Bakersfield Californian. “It’s the last thing you want to see in your kid,” especially someone who “admittedly loved” going to school, Clark added.
A case management conference is scheduled for January 2020, and the trial is expected to be scheduled to begin in the later months of 2020 or early months of 2021.
“We think the system is going to do this young woman justice,” Clark said. “It’s a horribly unfortunate event.”
UPDATE: JUNE 2022
KGET-17 News reported Bakersfield City School District agreed to pay $430,000 and Kern County Superintendent of Schools $20,000 in a settlement. Due to confidentiality agreements, Chain | Cohn | Clark is unable to comment further on this case.
If you or someone you know is bitten by a dog, please call the attorneys at Chain | Cohn | Clark at (661) 323-4000, or chat with us online at chainlaw.com.
- Law firm filing claim against school district on behalf of second grader attacked by dog in class (KERO-23, ABC – May 15, 2019)
- 8-year-old Wayside Elementary student attacked by dog, local law firm files claim (KBAK-29, KBFX-58 – May 15, 2019)
- Law firm files claim on behalf of girl attacked by dog in classroom (The Bakersfield Californian – May 15, 2019)
- Girl bitten by dog at school undergoes reconstructive surgery, must be fed via syringe (The Bakersfield Californian – May 16, 2019) (Web Version)
- Family of alleged dog attack at Wayside Elementary speaks out (KERO-23, ABC – May 16, 2019) (Web Version)
- Family sues BCSD after dog bites 8-year-old girl in class (KBAK-29 CBS, KBFX-58 FOX – May 16, 2019) (Web Version)
- Family takes legal action after student attacked by dog at elementary school (KGET-17 NBC – May 16, 2019) (Web Version)
- Volunteers involved in Wayside Elementary dog attack have criminal history, records show (The Bakersfield Californian – May 21, 2019) (Web Version)
- Alleged owners of dog accused of attacking girl at elementary school have extensive criminal record (23 ABC News – May 21, 2019) (Web Version)
- Family of 8-year-old girl bit by dog at Wayside Elementary suing Bakersfield City School District (The Bakersfield Californian – Aug. 8, 2019)
- Family suing Bakersfield City School District over dog attack at Wayside Elementary School set to be in court (23ABC News, KERO-17 – Aug. 7, 2019)
- Family of girl bitten by dog at Wayside Elementary continues lawsuit against school district (KGET-17, NBC – Aug. 7, 2019)
- Dog bite lawsuit headed to court (KBAK-29, CBS – Aug. 7, 2019)
- Dog bite lawsuit settled for $450K: reports (KGET-17 News, NBC – June 3, 2022)