A harrowing incident involving a dog attack has led to a lawsuit filed in Ventura Superior Court. On September 11, 2024, Aimee Van Rijswijk filed a complaint against Efren Carbajal and unnamed defendants in the same court, seeking justice for injuries sustained from a dog bite on September 30, 2022.
According to the complaint, on that fateful day in Fillmore, California, Van Rijswijk was bitten by a dog owned and harbored by Carbajal without any warning or provocation. The plaintiff alleges that Carbajal had sufficient opportunity to prevent the attack but failed to exercise reasonable care to control and contain the dog. "The failure to control and contain the Dog was unreasonable and negligent," states the complaint, emphasizing that this negligence is the sole legal cause of Van Rijswijk's injuries.
Van Rijswijk's filing includes three causes of action: negligence, common law strict liability based on known dangerous propensities, and statutory strict liability under California Civil Code section 3342. The first cause of action argues that Carbajal could have reasonably anticipated that his dog would cause injury by attacking and biting Van Rijswijk. Despite this foreseeability, he allegedly did not take adequate measures to prevent such an incident.
The second cause of action asserts that Carbajal knew or should have known about his dog's dangerous propensity for viciously biting humans. This claim suggests that despite being aware of the risk posed by his pet, Carbajal continued to harbor it without proper precautions.
The third cause of action invokes California's dog bite statute (Civil Code section 3342), which holds dog owners strictly liable for damages suffered by anyone bitten while lawfully on private property or in public places. The complaint underscores that Van Rijswijk was at or near 202 Rose Street in Fillmore when she was attacked.
As a result of these allegations, Van Rijswijk claims she has endured significant physical and emotional trauma. She describes her injuries as causing "great mental, physical and nervous pain and suffering," with permanent scarring expected. Additionally, she has incurred medical treatment costs and anticipates ongoing expenses related to her recovery.
In terms of relief sought from the court, Van Rijswijk requests compensation for her medical treatment costs—both past and future—as well as general damages for pain, suffering, physical disfigurement, and other intangible losses. She also seeks reimbursement for court costs along with prejudgment and post-judgment interest as allowed by law.
Representing Aimee Van Rijswijk is attorney Brian J. Breiter from the Law Offices of Brian J. Breiter LLP based in Los Angeles. The case is presided over by Judge Brenda L. McCormick under Case No.: 2024CU PPO30533.