Shark attacks aren't common in Huntington Beach or Orange County, but if you live in the area you know that sharks are being sited at our beaches in alarming numbers. When someone does get bitten, it is not uncommon for families to wonder if a shark attack can result in personal injury compensation.
The reasons why sharks are visiting our beaches in mass are debatable, but there is no doubt that sharks are swimming close to, and sometimes colliding with, locals and tourists who are wading into the water this summer.
Obtaining compensation for any injury or death requires someone to have suffered an injury due to another party's negligence, and that the injury resulted in damages for which the injured party would not have incurred had there not been an act or acts of negligence.
Evaluating whether or not someone could receive compensation for a shark attack would require one to examine what damages were sustained and whether the shark attack could have been prevented.
Are there injuries?
As is the case with every personal injury claim, there has to be injuries for there to be a claim. While shark attacks aren't common, they do usually result in some sort of injuries, in some cases, catastrophic injuries and death. So, in most cases, a shark attack would result in injuries and damages directly resulting from the incident, satisfying the first requirement of having a legitimate claim.
Who was responsible?
This is the question that stops most shark attack victims from obtaining compensation for their attack. To obtain compensation for an injury, someone would need to be held responsible for taking action that resulted in the shark attack, or neglecting to take action that could have prevented it.
Obviously, no one is caring for sharks in the ocean, so no one is going to be directly responsible for attacks in the ocean when they occur. If, for example, the city owned the sharks and they attacked someone, the victim would likely hold the city responsible for failing to keep their sharks contained.
However, negligence can take different forms. For instance, if the city SHOULD have known that a shark attack is imminent, and failed to take action that a reasonable person would be expected to take in their position to help prevent the shark attack, that would be considered negligence.
So, can shark attack victims sue?
In most cases, it just wouldn't make much sense. Those who suffer from serious injuries or lose a loved one want to hold someone responsible, but sometimes, these things aren't anyone's fault. That said, there may be circumstances where shark attack victims can obtain compensation from a negligent party.
We do not help victims of shark attack victims obtain compensation as we have yet to see a circumstance that warrants compensation. However, if you would like to call our firm to obtain a free consultation, you can do so by calling (800) 838-6644 to speak with one of our experienced legal professionals.