Sacramento Dog Bite Lawyers
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Our Sacramento Dog Bite Lawyers Are Here To Help After An Injury
As the state capital, Sacramento is one of the most influential cities in California. Home to approximately 520,000 residents, the city of Sacramento is situated where the American River meets the Sacramento River. The Sacramento Valley is one of the most diverse regions in Northern California.
Only five other cities in California are larger than Sacramento. Also, Sacramento is the most populous capital in the United States. The Governor’s mansion and the state legislature are both located in Sacramento. Think tanks, lobbyists, and governmental entities all play a role in the political dynamics of Sacramento. Tourists enjoy learning about the history of the state government in California at the California State Capitol Museum.
The Greater Sacramento area is home to approximately 2.3 million people and is one of California’s largest metropolitan regions. Many of the residents who call Sacramento home enjoy sharing their lives with canine companions. Dogs provide individuals and families with happiness and emotional support. Unfortunately, dogs sometimes attack human beings, and a person who is mauled or bitten by a dog can experience serious bodily injuries. Individuals who suffer dog attacks are often surprised at the level of violence displayed by dogs.
Suffering a dog bite often means experiencing long-term psychological distress. Also, medical bills can cause financial insecurity. In California, a dog owner is liable for injuries caused by a dog bite, regardless of the dog’s violent history. If a canine bites a human being more than once, the city attorney can take legal action against the owner and seek injunctive relief, such as a court order directing that the owner remove the dog from the city or county.
A person who sees a family member or loved one attacked by a dog can suffer from post-traumatic stress disorder. Medical bills and physical rehabilitation costs can make an already stressful situation almost unbearable. A Sacramento dog bite lawyer can help you seek financial compensation for your injuries.
Most people go through their daily lives without expecting to suffer a dog attack. Those who experience personal injury due to a dog attack must understand how to enforce their legal rights.
You can pursue monetary compensation for your injuries. Multiple parties may be liable for your injuries, including the owner of the land on which you suffered an injury and the dog owner. Also, you can seek financial compensation from your insurance company, depending on the circumstances of your case.
Dog bite attorneys in Sacramento can help you understand the details and facts that may be relevant to a personal injury action.
December 2016: $22M+ verdict in a mild traumatic brain injury case. The entire details of the case can be found in the public record filings by the defendant entity that sued its defense– BRIAN BEECHER
National Data Regarding Dog Bite Injuries
California is one of the most populous states in the country. The Greater Sacramento area contains many dog owners. The following are some of the most important facts regarding dog bite injuries in the United States:
- Liability Insurance Claims — The Insurance Information Institute contains updated information regarding insurance liability claims across the country. In 2020, insurance companies paid approximately $850 million in claims related to dog bite injuries. California reported approximately 2,000 dog bites in 2020.
- Dog Bite Injuries and Specific Breeds — It is important for dog owners to understand the risks that come with owning a particular breed of dog. The American Animal Hospital Association reported in 2019 that dogs between sixty-six and one hundred pounds with short and broad heads are more likely to bite human beings than other dogs. Pit bulls were the breed with the highest rate of dog attacks at twenty-two percent. Mixed breeds were found to have a twenty-one percent attack rate, and German shepherds had a seventeen percent attack rate.
- Dog Bite Incidents — The CDC reports that approximately 4.7 million people are attacked by dogs in the United States every year. One out of every five dog attacks produces severe injuries that require immediate medical treatment, and about thirty thousand surgeries are performed in the United States every year due to dog bite injuries.
Laws Related To Dog Bites In California
Dog bites and dog attacks affect around 5 million adults and children every year. When it comes to bites on human beings by canines, California is a strict liability state. Strict liability refers to liability that does not require proving that a party was negligent, careless, or reckless.
A dog owner may not have been negligent, but the dog bite itself results in strict liability. This means that, regardless of how caring the owner is to the dog in question, they can still be found liable. Under California law, a dog owner is strictly liable for injuries caused by a dog bite occurring in a public place or when the victim is lawfully on private property, regardless of the dog’s prior behavior or any history of viciousness. Dog bite victims can generally seek financial compensation for their injuries.
Also, California offers several different remedies and theories of liability that relate to individuals who suffer from dog bites. Oftentimes, the dog bite victim only has to put forth evidence that they suffered a dog bite. Under California law, dog attacks are different from bites and typically fall under negligence. This means that dog attack victims may need to provide more evidence to establish the dog owner’s liability. Our Sacramento dog bite attorneys, like the ones at Arash Law, can help you understand what you will need to prove to pursue monetary compensation for your injuries.
The relevant statute related to liability for dog bites in California contains the following important information:
- Liability for Injuries — If a dog has a history of jumping on or injuring people and the owner is aware of this behavior, that information may be relevant to a legal claim. In California, dog owners are generally held strictly liable for dog bites, and applicable insurance policies can play a crucial role in a dog bite case.
- Liability and Daycare Businesses — Daycare business owners who have dogs on the premises often attempt to obtain written waivers and releases from parents. A daycare owner may still be held liable for a dog bite, even if a parent has signed a waiver.
- Liability for Landlords — Landlords may be held liable for dog bite injuries if a dog belonging to a tenant bites a person. Typically, the dog owner must have known about the dog’s violent habits before the dog attacked a person. The landlord has a duty to remove violent dogs from their property. Simply because a dog bite happens in a rented apartment or property does not mean strict liability exists, as it does under Civil Code Section 3342. Under these circumstances, the owner or occupier of the land must have actual notice regarding the dog’s violent behavior. The landlord must have had time to remove or evict the tenant from the property. Commercial landlords must investigate the conditions on their property and remove dangerous conditions from the property.
The Sacramento County Code
California does not have a uniform dog leash regulation. Local government law plays a role in how dog ownership is regulated in California. Sacramento County Codes and other municipal codes may have more specific requirements that relate to dog bites and dog ownership. Dogs must be on leashes at all times in Sacramento, California. Dog bites that occur while a dog is not on a leash may give rise to negligence per se. A Sacramento dog bite lawyer understands where to look to find municipal codes that may be relevant to a dog bite case.
Civil Code § 3342
Dog owners in California are strictly liable for injuries resulting from dog bites that occur in public places or lawfully on private property, including their own. It does not matter whether the dog had a history of aggression or if the owner was aware of it. Exceptions may apply in cases of provocation or trespassing. Generally, dog owners are responsible whenever their dog bites another person under these circumstances.
Other Considerations For Dog Bite Attacks
Not all dog attack incidents are straightforward. Here are some considerations when it comes to these incidents:
- Assumed Risk — Professionals who work with dogs as part of their duties often are unable to assert legal claims against a dog owner for their injuries. The professionals working with animals have assumed the risk of suffering injuries due to their interactions with dogs.
- Comparative Negligence — Comparative negligence refers to the apportionment of fault in a tort case. The court will determine the percentage of fault that applies to each party in a dog bite case. A dog bite victim may have provoked a dog before being attacked, which will cause the court to assign a portion of fault to the plaintiff.
- Law Enforcement Dogs — If a dog is a law enforcement animal, the owner of the dog will not be liable for injuries caused by the dog unless the animal caused a bystander to suffer injuries.
- Trespassing — Generally, a dog owner is not liable for injuries to a person who was trespassing at the time of the dog bite. However, a victim may still be able to seek compensation if they can prove that the dog owner was negligent and that this negligence caused their injuries.
Dog Bite Cases And The Statute of Limitations
California has a two-year statute of limitations for personal injury actions, meaning that an injured party must file a legal claim for personal injuries within two years of the date of the injury. Missing this two-year statute of limitations generally prevents an individual from bringing a personal injury action. However, certain exceptions may extend or shorten this period, such as for minors or cases involving the delayed discovery of the injury. Seeking the advice of Sacramento dog bite lawyers after an injury can help you understand your rights and filing deadlines.
In some cases, an injury attorney in Sacramento may help you reach a settlement. If the personal injury claim cannot be settled, you must file the complaint against the defendant within two years of the date of the injury.
Different Categories Of Dog Bite Injuries
Nearly eight hundred thousand people every year obtain medical treatment due to serious dog bite injuries. Many of these victims are vulnerable children and senior citizens who cannot defend themselves against a dog. Every year, approximately sixteen percent of all victims die from dog bite injuries. Senior citizens and children are at higher risk of suffering serious injuries from dog bites, although anyone can experience significant harm from a dog attack.
The following are some of the most common types of injuries someone can sustain after a dog bite or attack:
- Infections — Dog bite wounds can quickly become infected, especially when the wounds affect children. Bacterial infections can spread quickly without prompt medical treatment.
- Injuries to the Genitals — In boys younger than seven years old, injuries to the genitals are common during dog attacks.
- Eye Injuries and Face Injuries — Many children who suffer dog bite injuries experience facial injuries and eye injuries. Large dogs can fracture many different areas of a victim’s face.
- Fractured Bones — Bone fractures can occur when a victim falls down during a dog attack or attempts to flee a violent dog. Some dog breeds possess strong jaws that can fracture bones in a matter of seconds. Every year in the United States, approximately eighteen people die due to dog bite injuries.
- Traumatic Brain Injuries — Many dog bite victims are bitten on their head or fall during an attack and strike their head on a hard surface. Minor and severe traumatic brain injuries can occur during dog attacks.
- Rabies — Some dogs that attack human beings are rabid. If a dog runs away after attacking a person, and so cannot be tested for rabies, then the victim must receive rabies treatment. This treatment consists of numerous shots and must be administered immediately after the dog attack to prevent the risk of serious disease and death.
- Post-Traumatic Stress Disorder — Dog attack victims may suffer from post-traumatic stress disorder. A victim may experience anxiety, depression, fear, and severe agitation after being attacked by a dog.
- Scars — Dog bite injuries can cause severe lacerations that leave permanent scars and disfigurement. Many dog bite victims require stitches to prevent blood loss. Many dog bite victims suffer permanent facial scarring. Some scars may require months or years to heal. Medical treatment may be necessary if the scars do not heal within six months of the date of the injury. Facial scars may not heal without surgery or other medical procedures.
Assessing The Severity of A Dog Bite Injury
Dog bites may cause death, permanent scarring, severe disfigurement, and post-traumatic stress disorder. Additionally, rabies, skin infections, and bacterial infections may result from dog bite injuries.
A dog bite lawyer in Sacramento can help you determine how to proceed with bringing legal claims against the party responsible for your injuries. Determining what to do after seeking medical treatment for serious personal injuries can be difficult. Speaking with an experienced Sacramento dog bite lawyer can help you ascertain the relevant facts of your potential personal injury case.
Dangerous Breeds And Dog Bite Injuries
Some dog breeds have had their owners abuse them and train them to attack people. Because of this, some particular dog breeds have a tendency for violent behavior. For example, playing aggressively with a dog can also trigger a dog to attack a person. And while the dog is only conditioned to perform such behavior, there is still the risk of injuries.
Insurers sometimes offer homeowner’s insurance that provides coverage for dog bites that occur on the property. Yet some insurance companies will not provide coverage for specific dog breeds that are known to possess violent tendencies.
The following dog breeds are known to be dangerous and violent:
- Wolf-Dog Hybrids — Wolfdogs show aggressiveness without proper socialization. They can be difficult to control due to their big size.
- Boxers — Boxer temperaments usually include aggression. Without regular exercise or mental stimulation, boxers can get hyperactive or aggressive with other pets and small children.
- Siberian Huskies — These dogs resemble wolves and are protective of their owners. Although they are intelligent, huskies must receive persistent training on a regular basis. Many huskies will try to escape if they are not kept in a bounded area.
- Akitas — Akitas can weigh up to one hundred and forty-five pounds. These dogs can overwhelm a senior citizen or a child. Many Akitas can also display violent behavior toward other dogs due to their dominating behavior.
- Chow Chows — Chows may look sweet and kind, but they are extremely protective of their owners. Approximately eight people died in the United States between 1978 and 1998 due to attacks by this dog breed. Many Chows will act on their instinct for hunting, and some insurers will not provide coverage for homeowners who own Chows.
- Rottweilers — Many people in the United States use Rottweilers as guard dogs. Rottweilers caused approximately forty deaths in the United States between 1978 and 1998.
- German Shepherds — The German Shepherd breed has long been associated with law enforcement agencies throughout the United States. The average German Shepherd can be two feet tall and weigh approximately eighty-five pounds. German Shepherds are extremely loyal, and they enjoy protecting their owners.
- Doberman Pinschers — Doberman Pinschers have a long history as guard dogs and security dogs. Disciplined, strong, and sensitive to noise, Doberman Pinschers have a history of being a dog breed that can be dangerous to humans.
- Pitbulls — Pitbulls cause fatalities every year in the United States. Members of this breed include Bull Terriers, Staffordshire Bull Terriers, American Staffordshire Terriers, and American Pit Bull Terriers.
While other dog breeds are known to be calm among people, like St. Bernards, Malamutes, Bullmastiffs, and Great Danes, there is still a risk of getting bitten, especially without proper socialization. Not to mention, there are bigger dogs that might pose some risk of other bodily injuries.
What Can Make Dogs React Violently?
Dogs are unique animals, and they are sensitive to the behavior of their owners and other human beings. The following are some conditions that can make dogs react violently toward people:
- Prey Instincts — Some dog breeds react instinctively to the presence of prey and typically exhibit behaviors such as carrying, shaking, pulling, pouncing, and chasing. Some dogs react to these instincts when they see a person running, cycling, or jogging.
- Maternal Instincts — Female dogs will become more protective and alert when they have puppies. Sometimes, female dogs can react violently when their maternal instincts are triggered.
- Physical Pain — Dogs react differently to pain, depending on their temperament and environment. Some dogs may be friendly and kind. However, dogs can bite or react aggressively when in pain or injured.
- Fear — Some dogs will lash out violently if they are afraid of an external threat. A dog that feels startled or surprised may bite someone due to fear.
- Possessive Behavior — Protecting its territory is natural to any dog. Sometimes, a dog may react aggressively if it feels another animal is threatening its territory. Dogs may act possessively toward their owners, their environment, food, and toys.
How Do I Know The Value of My Dog Bite Case?
The types of damages a dog bite victim can pursue depend on the facts and circumstances of the case. The following are the most common types of damages claimed in dog bite cases:
- Non-Economic Damages — Non-economic damages aim to compensate for losses that cannot be easily quantified in monetary terms. These include physical pain, emotional distress, mental anguish, loss of quality of life, disfigurement, loss of consortium, and loss of enjoyment of life.
- Economic Damages — Economic damages are typically quantifiable and may include out-of-pocket costs, lost earning capacity, lost earnings, surgeries, physical therapy, and medical bills.
largest animal attack settlement in 2020 for California; client suffered Traumatic Brain Injury– JUDD ROSS ALLEN
What You Should Do After A Dog Bite Incident
Below are some steps to consider if you or a loved one is involved in a dog bite incident:
- Create a Record of Your Injuries — Record your injuries using photographs, videos, and other media. Medical records will also help you document the injuries you suffered due to a dog bite injury. The severity of your injuries may be subjective, but a record can demonstrate to a third party the nature of your injuries. Photographs can be useful examples of the extent of your injuries and may help support your claim.
- Report the Dog Bite Incident — It is important to file a report of the dog bite incident with the Sacramento County Department of Animal Care. Local animal control agencies can also help you create a record of the dog bite incident. Public health offices and other agencies may attempt to verify that the owner of the animal has a pet license. Also, it is important to verify that the animal has been vaccinated.
- Discover the Identity of the Dog’s Owner — After getting treatment, it is important to obtain the identity of the dog’s owner. In some cases, the dog’s owner may have an insurance policy that covers the damages resulting from the incident.
- Obtain Immediate Medical Treatment — You should seek medical treatment immediately after suffering a dog bite injury. Depending on the nature of your injury, you may need more or less extensive treatment. Sometimes it is necessary to undergo surgery shortly after suffering a dog bite injury. You want to reduce the risk of bacterial infection, so you should cleanse the wound as soon as possible.
Preventing Dog Bite Injuries
Dog bites can cause serious bodily injuries, and some victims experience permanent disfigurement and scarring due to the nature of their injuries. What follows are steps that might help reduce the number of dog bites:
- Report any dog bite to an adult.
- Do not look any unleashed dog directly in the eyes.
- Make a report of stray dogs or unleashed dogs exhibiting atypical behavior.
- If a dog knocks you to the ground, roll over and curl up into a ball.
- Never run away from a dog.
- Don’t scream out of fear in the presence of a dog.
- Never tease a dog.
- Don’t disturb a dog when it is eating or sleeping.
- Do not make any sudden movements when an unfamiliar dog approaches you.
- Do not play with a dog unless an adult is nearby.
- Never pet a dog until it has sniffed you and seen you.
- Ask an owner for permission before you pet a dog.
- Do not approach a dog you have not interacted with before.
Dog Bite Claims In Sacramento
The major cities in California contain large populations, and many animals reside in these cities. Considering these facts is essential when determining what to do following an injury resulting from a dog bite. If you suffered injuries, you should document your wounds with photographs and request that a law enforcement or animal control agency prepare an incident report. Additionally, try to obtain the dog owner’s contact information before they leave the scene, as it is important to identify the owner after a dog bite incident.
It is also common to see stray dogs roaming the streets of major cities in California. If you suffer injuries due to a bite from a stray dog, you may need to consider other parties that may be responsible for your injuries. Speaking with a Sacramento dog bite lawyer can help you determine the appropriate course of action after a dog bite injury.
Should I Retain A Lawyer If I Suffer A Dog Bite Injury?
A dog bite lawyer may be essential if you want to file a personal injury lawsuit against the owner of the dog or the owner of the land on which you suffered an injury. A knowledgeable dog bite lawyer can help you in the following ways:
- Negotiate a settlement agreement that reflects the physical and psychological pain you endured due to the dog bite injury.
- Gather and organize evidence to present to the insurance company to help you pursue financial compensation for your injuries.
- Collect medical records and other reports that may help substantiate your legal claims.
- Organize and tabulate medical bills so you can provide the insurance company with an exact calculation of your medical bills.
- Work to provide all the required evidence to substantiate your legal claims.
- Communicate with the insurance company and any other parties involved in the case.
Consulting with one of our Sacramento dog bite lawyers can help you understand the claim process in detail. We can help you file a complaint on your behalf to initiate a civil lawsuit against the parties responsible for your injuries and seek financial compensation for your injuries according to the law.
Frequently Asked Questions
It is important to ask a Sacramento dog bite lawyer any questions you have regarding your potential case. The following are some of the most frequently asked questions potential clients have about dog bite cases:
Will A Dog Be Euthanized If It Attacks A Person In California?
In California, a dog is not automatically euthanized if it bites a person. Typically, the dog will be quarantined for a period of time to monitor for rabies or other health concerns. Euthanasia may occur only if the dog is found to be rabid or is classified as dangerous or vicious and poses a continued threat to public safety. The dog owner may still be held liable for any injuries caused by the bite.
Can A Veterinarian File A Lawsuit If My Dog Bites?
In most cases, a veterinarian who is bitten by a dog in the course of providing care does not have a legal claim against the dog’s owner under California law. This is due to the “veterinarian’s rule,” which holds that professionals who handle animals as part of their job generally assume the risk of being bitten. However, exceptions may exist if the owner failed to disclose known dangerous tendencies or acted negligently in another way.
Do I Have To Suffer Puncture Wounds To File A Legal Claim?
A person does not have to suffer puncture wounds to bring a legal claim for a dog bite injury. Johnson v. McMahan (1998) established that the dog bite does not need to puncture the skin for the dog bite victim to bring a legal claim for monetary compensation. The word “bite” only concerns the jaws of a dog clamping onto any part of an individual’s body.
Who Is More At Risk of Suffering A Dog Bite Injury?
Children are more likely to suffer dog bite injuries than adults. Senior citizens are also vulnerable to dog attacks. Some older adults may be more susceptible to suffering a serious bodily injury due to a dog attack. Male children suffer dog bites more frequently than female children. Families with dogs living inside the home also create a higher risk of a dog bite occurring. Approximately fifty percent of all dog bites occur due to a family dog or a neighbor’s dog biting someone.
What If A Person Was Petting A Dog Before Suffering A Dog Bite?
A dog owner is generally liable for a dog bite even if a person is petting the dog just before the bite, as long as the individual did not provoke the dog or was not trespassing. It may be important to establish an accurate timeline of events if you bring a legal claim regarding a dog bite injury.
What Is The Average Length Of Time It Takes A Dog Bite Case To Settle?
The unique facts and circumstances of each case will be relevant to the length of time it takes to settle. Every dog bite case has its own set of facts, and no two dog bite cases are identical. It is generally recommended that victims wait until their physical injuries have stabilized and the extent of any scarring is known before agreeing to a settlement. This approach allows all damages to be properly evaluated.
It is difficult to predict how long it can take a dog bite case to settle. Several factors can affect the time it takes to reach a settlement. The documents related to the incident are important, and having photographs and incident reports can affect how long it takes a dog bite case to settle. The medical treatment a victim undergoes can also influence the settlement timeline. Insurance policy limits and any limitations on those policy limits are also relevant to any prospective settlement.
Can I Still File A Dog Bite Injury Claim If A Dog Only Knocked Me Down?
California has a strict liability statute that is applicable to dog bite injury cases. Strict liability means that the party responsible for the injury is liable, whether they intended to cause the injury or not. Owners don’t have to have knowledge of the dog’s violent tendencies to be liable for a dog bite injury.
The strict liability statute is applicable to actual dog bites. The strict liability statute does not apply to individuals who are chased or knocked down by a dog. It may be possible to bring a claim against the dog’s owner under a negligence theory. If the dog’s owner had knowledge of the dog’s violent tendencies, and the dog’s owner did not take reasonable measures to prevent the dog from knocking down someone, then the dog’s owner may be liable for the injuries the victim sustained.
What If The Dog Owner Is Covered By An Insurance Policy?
Many property insurance policies provide insurance coverage for dog bite injuries. Landlord policies, renter policies, and homeowner’s policies may contain provisions related to dog bite injuries, depending on the terms of the policy. Some of the policies may provide financial coverage for medical bills even though the policyholder is not liable for the injuries. Coverage details and exclusions vary by policy.
Which Parties Are Liable If A Dog Bites A Person?
Although exceptions do apply, the dog owner is generally liable if a dog bites another person. An owner or occupier of land, such as a landlord, may also be held liable if they had knowledge of the dog’s violent tendencies and did not take reasonable measures to protect others.
Where Can I File A Dog Bite Lawsuit?
Dog bite lawsuits are often filed in the Superior Court in the county where the person suffered a personal injury due to the dog bite. Dog bite injury cases may be filed in other counties, but the county where the dog bite occurred is typically where the civil lawsuit is filed. Other reports do not take the place of a civil complaint. The complaint is the legal filing that initiates a civil lawsuit.
What Is The Value Of My Dog Bite Case?
The total amount of any settlement in a dog bite case will depend on the facts and circumstances of the case. Punitive damages are only awarded in rare cases in dog bite injury cases. Punitive damages are reserved for defendants who commit particularly malicious conduct. Dog bite cases are similar to other personal injury cases. Many individuals who bring dog bite injury cases seek financial compensation for medical bills, lost earnings, psychological suffering, and disfigurement.
What Should I Do If I Suffer A Dog Bite?
You need to seek medical treatment if you suffer a dog bite. Even though you may have only suffered a minor injury, you should still seek out medical treatment as soon as possible. Any dog bite can cause a bacterial infection that can affect your health. Diseases can also be spread through dog bites.
The dog that bit you may need to be quarantined, depending on whether the dog was vaccinated or registered. Dog owners who are responsible possess vaccination records and registration records for their dogs. Animal control specialists may need to ascertain the violent tendencies of the dog to see if it is a danger to others. For isolated incidents, most dogs go home with their owners. However, depending on the severity of the dog’s violent tendencies, the dog may need to be placed in a different environment or euthanized.
Reach Out To Our Sacramento Dog Bite Lawyers
Arash Law assists injured victims in seeking financial compensation for their injuries. We have decades of experience representing clients in dog bite injury cases throughout California. We focus on your case, deal with insurance companies, and are committed to advocating for your rights.
Contact Arash Law at (888) 488-1391 to schedule a free initial consultation. Our Sacramento dog bite lawyers serve the surrounding areas such as West Sacramento, Rosemont, Florin, La Riviera, Rio Linda, Carmichael, North Highlands, Rancho Cordova, Foothill Farms, Fair Oaks, Davis, Elk Grove, Citrus Heights, Orangevale, and Roseville.
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