Pomona Dog Bite Lawyers
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Our Pomona Dog Bite Lawyers Help You Make Informed Legal Decisions
California law holds pet owners in Pomona strictly liable for dog bites that occur in public, such as at a park, or that are sustained by lawful visitors on private property, such as in apartment complexes. If you were hurt in such an incident, that means an owner can be legally and financially responsible for your injuries, even if their dog doesn’t have a history of aggression.
In Pomona, many residents enjoy the company of their dogs at home and throughout the city, including along its many walking paths and at the dedicated Phillips Paw Park. However, these pets can still bite others, especially if they’re around unfamiliar people and animals. Such incidents can cause injuries that disrupt daily routines. If a dog bites you, you may have a case against its owner.
Pomona dog bite lawyers can assess your options for seeking compensation when reviewing your claim.
Why Dog Bite Cases In Pomona Are Different
In Pomona, city-specific factors can affect how attorneys, insurers, and county courts handle dog bite cases under California law. Here are a few to consider:
- More than half of Pomona’s housing units are rented, not owned. With many residents sharing properties such as apartment buildings, the likelihood of dog bite incidents increases. Differences in rental property management throughout the city can further delay the collection of relevant evidence, such as security camera footage, incident logs, and tenant information.
- The City of Pomona’s Public Works Department maintains the city’s open spaces, including dog parks. It imposes leash laws here. Documented leash violations in areas such as Phillips Paw Park may affect fault arguments, comparative negligence claims, and insurance evaluations.
- In Pomona, the Inland Valley Humane Society and S.P.C.A. (IVHS & SPCA) typically handles dog bite reports. However, the Pomona Police Department may intervene in cases where the dog poses an immediate threat. Both organizations create reports that local insurers use to assess claims. However, these reviews may take longer, depending on when the IVHS & SPCA and Pomona PD make bite reports available.
- Victims of bites on city property submit a Claim for Damages form to the City of Pomona City Clerk’s Office. The Risk Management Department reviews these claims, which are subject to California’s Government Claims Act. It imposes shorter notice deadlines than standard dog bite claims.
- If insurers deny a claim or settlement negotiations fail, dog bite victims can file a lawsuit in the Los Angeles County Superior Court. Cases that proceed to trial are heard at the Pomona Courthouse. Court congestion and civil docket scheduling at this venue can extend resolution timelines.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Who Is Legally Responsible For A Dog Bite In California?
Pomona follows California Civil Code 3342 for dog bites, which holds pet owners strictly liable for injuries caused by their dogs. This law is applicable if the bite occurred in a public place or on private property where you were legally present. Additionally, strict liability applies regardless of the dog’s history of aggression.
There are exceptions to this rule. Victims cannot file lawsuits based on strict liability if they were bitten while trespassing or provoking the dog. Additionally, strict liability does not apply to the following:
- Bites from police or military dogs in pursuit of the victim, who is under suspicion of committing a crime.
- The victim is a veterinarian, assistant, groomer, or other party who voluntarily assumes a risk of injury when providing animal care services.
Trespassers may be able to file a lawsuit in some cases. However, they typically can’t sue under strict liability. Instead, they may pursue a negligence claim if Pomona dog bite lawyers confirm that the owner acted with willful or wanton disregard for their safety. In such cases, they must prove that the dog owner was negligent. For instance, they could show that the owner:
- Failed to prevent harm despite knowing that their dog could pose a danger.
- Ignored signs of aggressive behavior or previous bites from their dog.
- Did not keep their dog properly secured on the premises despite knowing the risks.
- Created unsafe conditions that increased the chance of a dog bite.
How Is Strict Liability Different From The Negligence Standard?
The majority of Pomona dog bite claims are evaluated under strict liability, which holds owners legally responsible for the injuries their pets cause. However, California’s negligence standard may apply when pet owners engage in additional unsafe conduct.
In these cases, Pomona courts put the burden of proof on victims to demonstrate that the owner’s carelessness resulted in the dog bite incident. Additionally, injured parties must establish that the bite resulted in actual harm, such as injuries and medical bills.
How Insurance Applies To Pomona Dog Bite Claims
In Pomona, dog bite claims are typically handled through the dog owner’s insurance policy. Depending on the dog owner’s coverage, compensation may come from the following:
- Renters insurance
- Homeowners insurance
- Pet liability insurance
These policies may offer coverage if the bite occurred in a public place. They also apply if you were bitten while lawfully present on private property. However, common disputes arising from these incidents often result in prolonged negotiations between Pomona dog bite lawyers and insurers.
For one, some homeowners and renters insurance policies do not cover bites involving breeds deemed more dangerous, such as pit bulls. Conversely, others look at a dog’s history of aggression rather than its breed. Finally, insurers might argue that you contributed to the bite, such as by provoking the dog.
All these issues can affect whether a dog owner’s insurance can cover your damages. Such disputes can lower potential payouts. If they cannot be resolved during settlement negotiations, a lawsuit may be necessary.
Dog Bite?
What Are Dog Bite Levels And How Do They Affect My Claim?
In Pomona, dog bite levels can help victims prove the severity of their injuries and allow insurers to more accurately assess their damages under California law. The Association of Professional Dog Trainers uses the Dunbar system to determine the severity of dog bites. Its categories range from Level 1 (bites without skin contact) to Level 6 (bites leading to fatalities).
Serious dog bites that are rated Level 4 (deep puncture wounds and bruises) and above can lead to significant injuries, including the following:
- Broken bones
- Puncture wounds
- Crushing injuries
- Severe infections
- Traumatic brain injuries
- Head, neck, and facial injuries
- Muscle, tendon, or ligament wounds
- Nerve damage
- Loss of function or mobility
Many of these injuries require emergency medical treatment. Some require rehabilitative care, such as physical therapy or chiropractic sessions. Often, the recovery process involves costly medical bills over several years.
In many cases, severe dog bites can cause permanent damage and scarring. They can also lead to psychological conditions, such as sleep disturbances and anxiety around dogs. These outcomes can affect a victim’s quality of life. That’s especially true for children. According to the Insurance Information Institute, they comprise the majority of dog bite victims in the US. These incidents may affect both their well-being and long-term physical development.
These are all damages Pomona dog bite lawyers consider when preparing a claim. However, insurers are more likely to put these losses under close review since they often warrant higher settlement amounts. Justifying these damages may require strong evidence, such as medical records, eyewitness statements, and expert testimony.
What Typically Happens After A Personal Injury Claim Begins
After a dog bite is reported in Pomona, claims typically follow a structured process. Local reporting practices, insurance response timelines, and court venue procedures influence these steps:
- Both parties investigate the accident to gather evidence. Key examples include medical records and animal control reports from the IVHS & SPCA.
- Damages and coverage are evaluated under California’s strict liability laws.
- Insurance negotiations begin between the plaintiff and the defendants.
- The claim is resolved through settlement. Otherwise, litigation may be necessary.
- The victim submits a lawsuit to the Los Angeles County Superior Court, typically through its eFiling system.
- If both parties fail to settle before trial, the case may be heard at the Pomona Courthouse.
What Damages Can I Seek Through Dog Bite Claims?
Victims of dog bites in Pomona can seek compensation for various losses under California law:
- Medical Expenses — These can include funds for any medical care your dog bite injuries require, either now or in the future.
- Lost Income & Earning Capacity — If you cannot work due to the dog bite, you may be eligible to seek compensation for lost wages. You could also pursue damages if you missed out on job opportunities due to your injuries.
- Pain & Suffering — These non-economic, or intangible, damages aim to compensate for the physical pain and emotional suffering caused by the dog bite.
- Disfigurement — Your claim can consider how permanent changes to your appearance affect your ability to socialize, work, or enjoy daily activities.
- Loss of Consortium — Some injuries can affect your relationship with a spouse or domestic partner. If your bond suffers due to dog-bite-related injuries, you may be able to seek damages.
- Reduced Quality of Life — If a dog bite results in disability, it can affect your overall quality of life. The impact of your injury on your lifestyle may be considered when calculating compensation in your case.
(No guarantee of outcome. Results displayed were dependent on unique facts of that case, and different facts will bring different results.)
Frequently Asked Questions (FAQs) About Dog Bite Cases
After getting bitten by a dog in Pomona, injured victims often grapple with several concerns about their legal options under state law. Below are some of the common questions they ask about dog bite cases.
How Much Does A Dog Bite Lawsuit Cost?
The legal fees associated with filing a dog bite lawsuit can vary depending on various factors:
- Complexity of your case
- Volume of documents and evidence
- Number of parties involved
- Fee arrangement with your attorney
- Whether litigation is necessary
How Much Should I Settle For A Dog Bite?
After a dog bite, the amount you settle for should consider the full extent of your injuries and losses. When reviewing a settlement offer, Pomona dog bite lawyers typically look at factors such as:
- The severity and extent of your dog bite injuries.
- Your current and future medical costs.
- Whether you sustained permanent scarring or disfigurement.
- How the injuries affect your lifestyle.
- Available insurance policy limits.
How Long Do I Have To File A Dog Bite Claim In California?
According to the California Code of Civil Procedure, you generally have two years to pursue a dog bite claim. This time limit is known as the statute of limitations. The deadline may vary in certain circumstances. For example:
- Government Claims — You have six months to file an administrative claim. The accused government agency has 45 days to respond to it. If they deny it, you can file a lawsuit within six months of the day they responded. However, if you receive no response, the statute of limitations for your claim is two years from the date of your injury.
- Underage Plaintiffs — The deadline for their claim tolls or pauses until they reach 18 years old. However, parents or legal guardians can file a case on their behalf before this time.
- Delayed Discovery — The clock pauses for cases involving hidden injuries. In such cases, the statute of limitations starts when you discover or should have reasonably discovered the injury.
Are Dog Bite Settlements Taxable In California?
In California, dog bite settlements are generally not taxable if they cover related medical expenses. Federal IRS rules typically exclude damages received for physical injuries, as they’re considered a form of compensation. However, there are a few exceptions to these regulations, such as:
- Punitive Damages — Though rarely awarded, these damages aim to punish the defendant rather than to compensate the victim. As such, the IRS views these awards as taxable income.
- Interest — Any interest that accrues while a settlement goes unpaid is taxable.
Do Lawyers Only Get Paid If They Win?
In California, you typically won’t have to pay a lawyer for dog bite cases unless you obtain compensation. Many Pomona personal injury attorneys work under this contingency fee agreement.
What If The Dog Owner Has No Insurance?
You can still file a dog bite claim even if the dog owner lacks insurance. However, recovering damages that reflect the extent of your losses can be challenging. Without liability insurance, the dog owner may need to compensate you out of pocket. If they don’t have enough financial assets, you may receive a limited payout despite winning a case. In situations like this, it’s advisable to exhaust all avenues for seeking compensation.
How Our Lawyers Can Help With Your Pomona Dog Bite Claim
After a dog bite, you may be wondering, “Do I need a personal injury lawyer?” A law firm for personal injury cases in Pomona can handle every aspect of your claim. Here’s what our Pomona accident lawyers can do for you:
- Investigate the accident and gather evidence, such as rental property CCTV footage and IVHS & SPCA reports.
- Prepare a case that reflects the extent of your losses.
- Accommodate your needs if you wish to discuss your case in your preferred language.
- Handle correspondence with insurers and address disputes.
- Represent your interests at the negotiation table.
- Take your case to court if settlement discussions fail.
Consult Our Attorneys About Your Pomona Dog Bite Case
A dog bite has the potential to disrupt your personal life in various ways. You may face physical, emotional, and financial challenges. A serious dog bite can result in costly medical bills and lost wages. It may also involve intangible losses, such as pain and suffering, that can be challenging to quantify.
It is important to note that in California, victims of this type of injury may pursue monetary compensation from dog owners. If you’re wondering whether and how you may do so, you may be looking for free accident lawyer advice.
Arash Law is ready to assist you in seeking damages. Our dog bite lawyers serving Pomona offer free initial consultations. Call (888) 488-1391 to schedule a case review.
If your accident occurs elsewhere, you may be thinking, “I need an injury attorney near me.” Aside from Pomona, we also offer our services to clients in other areas of California, including:
- Claremont
- La Verne
- Montclair
- Chino
- Chino Hills
- Diamond Bar
- San Dimas
- Ontario
- Walnut
- Upland
- Los Angeles County
- San Bernardino County
- Orange County
- Riverside County
- Ventura County
