San Diego Dog Bite Attorneys
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Dedicated San Diego Dog Bite Attorneys Providing Legal Representation Centered On Your Needs
If you have suffered an injury due to an animal bite, contact our San Diego dog bite attorneys. The team at Arash Law has been representing injured victims for years. We can assist you in pursuing financial compensation after an injury. Contact us at (888) 488-1391 or reach out to us via our chat feature to schedule a free initial case review.
The city of San Diego is located in California, specifically on the Pacific Ocean coast. As of the year 2020, the population of this city was 1,386,932, making it the 8th largest city in the country and the 2nd largest in the state. The city is also the county seat of San Diego County, making it the fifth most populous county in the United States, with an estimated population of 3,338,330 people as of the year 2019.
The large population and the dog-friendly environment may contribute to the prevalence of dog bite injuries. While there are leash laws, dog owners must be conscious of their dog’s temperament and propensity for violence. They control their dogs accordingly. However, despite these measures, dog bite accidents still happen.
With so many people allowing for a wealth of diversity, this city is affluent and is rich with several attractions. Some of these sites include deep-water harbors, a range of tourist destinations, and several parks and beaches where several dog owners are present.
San Diego is a dog-friendly city. As previously stated, there are great beaches where people walk their dogs. Additionally, there are many parks and trails where people take their pups to exercise. San Diego is a pet-friendly city, but there can be quite a few people who suffer from dog attacks, specifically dog bites.
Being such a common occurrence, the victim of any attack must know what steps to take following an attack, including seeking medical attention, gathering evidence of the attack, retrieving the contact information of the liable party, contacting the authorities to have a police report filed, and hiring an experienced dog bite attorney. All of these subsequent steps are crucial to recovering from a dog bite attack, and a skillful San Diego dog bite attorney can help with the legal process.
Largest animal attack settlement in 2020 for California; client suffered Traumatic Brain Injury– JUDD ROSS ALLEN
United States Dog Bite Statistics
According to the Centers for Disease Control and Prevention (CDC), the following represents the number of dog bite attacks and the number and severity of annual injuries across the country.
Of the over four million people bitten by dogs in the United States, children are the most common victims to endure an attack and suffer an injury. Just behind young children, older adults are more likely to be bitten and suffer a dog bite injury.
Every day, around 1,000 people across the country require medical attention for a dog bite injury. This number represents about 800,000 people annually. Several hundred thousand people daily do not report dog bites or seek treatment for their injuries, representing an estimated 1-2 million dog bites that go unreported each year.
According to the Centers for Disease Control and Prevention Database, 226 fatalities occurred due to dog bite attacks between 2018 and 2021. This three-year time period showed a significant increase in the number of dog attacks that ended in a fatality. Below is a list of breeds that were reported to be involved in fatal dog bite attacks.
- Rottweilers accounted for forty-five fatalities.
- Siberian huskies accounted for thirteen fatalities.
- Bullmastiffs accounted for fourteen fatalities.
- Pit bulls accounted for 284 deaths.
- American bulldogs accounted for fifteen deaths.
- Mixed breeds accounted for seventeen deaths.
These statistics show that these incidents are rampant. These attacks occur often, and it is critical to know the subsequent steps to take to get back to normal after a dog attack.
A San Diego dog bite attorney with experience handling dog bite attacks can help accident victims seek compensation for their damages after getting hurt in an accident. The effects of suffering a dog bite accident can be daunting, but knowing you have legal options can help you face this reality. Our San Diego dog bite attorneys help victims understand their options for seeking compensation.
Typical Causes Of Dog Bites
Often, a dog bites someone as a defense mechanism if it feels threatened or afraid. However, there are many times that a dog may bite for various other reasons. It is essential to know what may cause a dog to bite to avoid injury. Some common reasons a dog may bite are listed below.
- Dogs will attack someone if they feel afraid or threatened by someone else.
- Dogs may attack when they are feeling sick.
- A dog may attack if it feels prompted to do so because a stranger is too close, in response to the internal need to protect their owner that they may be feeling.
- A female dog may attack when her maternal instincts are triggered. If a dog’s newly born puppies are in perceived danger, for example, the mother will often feel prompted to attack.
- A benign cause of a dog bite is when the dog is playing. There is no malicious or defensive intent. The dog plays and becomes a bit excessive in its rowdiness.
Regardless of the intent or motive of the dog, severe damage or injury can take place. Seeking immediate medical assistance for your injuries is crucial for your health.
Typical Dog Bite Injuries
With dog bite attacks, a variety of injuries can occur. The viciousness of the attack determines the severity of the injury. Here are a few common injuries that might occur:
- Eye, head, and neck injuries
- Nerve damage
- Torn muscle or muscle tissue, as well as bone fractures
- Puncture wounds
- Facial disfigurement
These injuries are the typical ones. But more severe injuries can be sustained. Many of these injuries can happen if the dog’s vaccinations are not up-to-date.
- Rabies is a common infection associated with dog bites. If a dog is infected, it can spread the infection through its saliva upon biting a victim. If a victim contracts rabies upon an attack, typical subsequent symptoms include headache, fever, anxiety, and overall bodily weakness.
- Pasteurella is a bacterium that is often found in the saliva of any animal, not just dogs. In fact, about three-quarters of injuries from animal bites contain this bacterium, according to the Centers for Disease Control and Prevention (CDC). Some of the resulting symptoms are redness, septic arthritis, inflammation, and abscesses.
- MRSA stands for Methicillin-Resistant Staphylococcus Aureus. It is a bacterial infection and can be challenging to treat if infected. The symptoms include abscesses, boils, blisters, and overall skin irritation.
- Sepsis occurs when the body is vigorously responding to an infection. Some of the symptoms are blood clotting, insufficient blood oxygen levels, electrolyte imbalance, and failure of the liver or kidneys.
- Tetanus is a bacterium that exists not just in animal saliva but also in dust or soil. Suppose this bacterium enters through a punctured skin injury. In that case, some of the symptoms are headaches, fever, muscle stiffness, seizures, and even tightening of jaw muscles, otherwise known as lockjaw.
This is a broad overview of injuries that can occur, but it is important to know that sometimes incurable infections can happen. In extreme cases, these injuries can result in fatalities. Irrespective of the injury’s severity, it is critical to know what can happen upon suffering a dog bite attack.
Levels Of Harm Regarding Dog Bites
Regarding the severity of dog bite wounds, several wound pathologists divide them into six different levels.
- In level one, the dog’s behavior is noted to be aggressive, but there was no teeth-to-skin contact.
- In level two, there was skin contact by the dog’s teeth, but no puncture in the skin. There is no puncture, but slight bleeding from nicks in the skin can occur.
- Level three involves one to four punctures from a single bite. There may be lacerations in a particular direction, typically resulting from the victim pulling their hand away from the dog mid-attack or the owner pulling their dog away.
- The injury consists of one to four punctures from a single dog bite and is deeper than half the length of the dog’s teeth. This injury may also have lacerations in both directions and bruising around the injured area.
- There are at least two level four bites or a multiple attack incident with at least one level four bite in each attack.
- Level six of a dog bite represents the highest degree of severity, where the injury results in the victim’s death.
Each level of bite pertains to the level of danger the dog poses.
About 99 percent of dog bite attacks consist of level one and level two bites. In such cases, the dog is not dangerous and does not pose a threat. Instead, they are usually acting out of a place of fear or simply exhibiting overly aggressive behavior, which is typically resolved by the owner through better and proper training.
The level three prognosis is anywhere from fair to good. The dog is not designated to be dangerous, but the owner performing bite inhibition exercises is an effective way to promote public safety.
Level four classification shows the dog to be very dangerous. In such a case, animal control may require quarantine in a location of their choosing, as well as require the owner to muzzle the dog when taking them away from the home.
In levels five and six, the dog is deemed to be extremely dangerous. As such, the dog is seen as not safe around people and may have to be euthanized by animal control.
Steps To Take Following A Dog Bite In San Diego
Navigating through the legal system will take time with the assistance of an experienced San Diego dog bite attorney. Before hiring legal representation, however, there are several steps a victim can take after enduring a dog bite:
- To reduce the possibility of infection, cleanse the bitten area with water and soap.
- Gather the dog owner’s information, including their name, contact information, and a copy of the dog’s vaccination records.
- Contact the authorities and emergency responders to file a dog bite report. Such action may seem excessive, but it is important to take it in case a lawsuit or claim needs to be filed.
- Pursue medical attention promptly. The severity of the dog bite wound can be more than what is initially seen. Keep detailed medical records documenting the injuries sustained from the attack.
- Contact the dog owner’s veterinarian to confirm that the dog’s vaccinations are accurate and up-to-date. Afterward, consult a skilled San Diego dog bite lawyer to pursue compensation for your injuries.
Benefits Of Hiring Dedicated Dog Bite Attorneys In San Diego
The task of finding a local dog bite attorney in San Diego can be daunting. The emotional stress following the attack can be severe, along with the apparent physical strain the victim endures.
However, the case can be complex, so it may be beneficial for the victim to hire an experienced injury attorney. Experienced San Diego dog bite attorneys can help them understand their case and navigate the legal process.
Below is a list of services that a San Diego dog bite attorney can provide.
- A dog bite attorney can initially offer the victim (also called the consultee) a free initial case consultation. In this consultation, the lawyer will typically answer any of the client’s questions that pertain to the case. These questions usually consist of the actions that took place during the accident and seeking compensation for said accident.
- Many, if not all, San Diego dog bite attorneys will offer a contingent fee payment, which means they will only require a payment from the client if they obtain compensation for the case. However, clients may still be responsible for certain costs regardless of the case result. Consider discussing this arrangement with an attorney before proceeding.
- The attorney will calculate a case value, which will be comprised of the fees and psychological stress the victim has endured due to the injury.
- The attorney can also assess liability. Establishing liability is vital for pursuing compensation from the liable party’s insurer. Since some dog owners may not be able to cover a victim’s expenses out of their own pocket, lawyers can explore other avenues for compensation, such as renters’ or homeowners’ policies.
- Upon discovering liability, the lawyer can help the victim pursue a personal injury claim. If parties are unable to reach a resolution, an attorney can explore the possibility of filing a civil action.
To prevent the case from going to trial, the attorney will attempt to negotiate with the liable party’s insurer to reach a fair settlement. This generally begins with the lawyer providing the insurer with a settlement demand that the victim and the San Diego dog bite attorney believe will sufficiently compensate for the losses. These negotiations continue until both parties reach a decision. If both parties cannot decide, the case may go to trial, where the court will render a decision.
Compensation Available In A Dog Bite Accident Case
A dog bite attack can be challenging to manage. Not only are there physical injuries that must be endured, but there is also psychological stress that one must handle. This psychological stress can result from the injuries and having to navigate a potential legal process. The totality of the situation can be complicated.
Still, any victim of a dog bite may seek compensation with the assistance of an experienced San Diego dog bite attorney. The injury attorney can help victims pursue compensation for monetary damages, both economic and non-economic.
Economic Damages
Economic damages are physical and tangible. This damage is simple to account for. Below are some of the economic damages a victim may pursue after a dog bite accident:
- Lost Income — These wages are lost when a victim has to lose work as a result of suffering an injury.
- Medical Treatment Bills — Various injuries can occur when suffering a dog bite attack. Some of these injuries can require medical treatment, and as a result, medical bills can accumulate. Medical bills include emergency room treatment, physical therapy, rehabilitation treatment, surgical procedures, ambulance services, etc.
- Property Damage — These damages typically include any personal items the victim has with them during the attack. Some typical examples include phones, clothes, accessories, etc.
Non-Economic Damages
These damages can be abstract and more difficult to account for in monetary value. Nevertheless, a dog bite attack victim may be able to seek compensation for non-economic damages. Below are a couple of examples of these types of losses:
- Pain and Suffering — Victims may seek compensation for their mental and emotional pain from the attack. In several dog bite attacks, victims can suffer from anxiety, depression, insomnia, and post-traumatic stress disorder (PTSD).
- Loss of Consortium — Not only may the victim endure pain and suffering from the dog bite attack, but the victim’s spouse may also endure this. With the spouse, this can result in loss of love, affection, or companionship.
Punitive Damages
In addition to monetary compensation, another facet of the lawsuit is known as punitive damages. Punitive damages do not compensate the victim for their losses but punish the liable party for their wrongdoings. They are rarely awarded, and the victim must establish that the liable party acted in malice or extreme negligence.
What Happens If I Lose A Loved One Due To An Injury?
Any injury resulting from a dog bite attack should be taken seriously. However, in some cases, these incidents result in fatalities. Loved ones of a victim who has suffered a fatal dog bite injury may file a wrongful death claim against the potentially liable party. With this, it is essential to remember that each state only permits certain family members to pursue such a lawsuit.
- The victim’s spouse or putative spouse and their children
- Victim’s domestic partner
- Victim’s children or stepchildren
- Victim’s parents
Dog Bite Laws In California
In California, there is a strict set of laws in place that determine liability. A dog owner becomes liable for the victim’s damages only when their dog has actually bitten them. Moreover, this dog bite attack must have taken place in a public place or, possibly, on the dog owner’s private property. It is essential to keep in mind that liability law is specific to whether an injury has resulted from the bite of the dog and not other actions like jumping, running, etc.
With the implementation of California dog bite laws, filing a lawsuit means there is a two-year statute of limitations. The statute of limitations is the deadline set by law for an accident victim to file a lawsuit or settle an accident claim.
If filing the lawsuit is prolonged beyond two years, the victim may lose their ability to pursue compensation for their damages. State law allows the statute of limitations to be tolled, or paused, under two general circumstances, including:
- The defendant or liable party left California. This absence does not count toward the statute of limitations period.
OR
- At the time of the dog bite attack, the victim was under 18. The statute of limitations starts when they turn 18. In other words, they have until their 20th birthday to file a lawsuit.
If someone has suffered a dog bite from a dog assisting a government agency, i.e., police, military, etc., no legal recourse is permitted. Additionally, if a dog was defending itself from harassment or danger, the dog’s owner cannot be sued for damages under California law. Other California dog bite laws include the following.
Leash Law Code In San Diego County (62.669) And California Penal Code (597)
Specifically, in San Diego County, CA, a leash law has been implemented to help prevent dog bite attacks and injuries that result from said attacks. This leash law requires that dog owners in San Diego use a 6-foot maximum leash to walk their dogs in a public place. In addition, the dog owner must keep control of the dog either verbally or physically. Along with this law, there are a few caveats:
- In the case of legally permitted hunting, the dog owner is not required to have their dog restrained with a leash. This clause also applies to the herding of farm animals, and if the dog is on public property with their owner, and the owner of the property has granted written permission to the owner. Additionally, the owner must keep control of the dog on said public property, and the owner of the property must regulate the use of the property. An individual who violates these clauses is guilty of a misdemeanor. This provision does not apply to dogs assisting law enforcement or peace officers.
- If any individual is on private property, their dog must be restrained with a leash or containment that will sufficiently and safely keep the dog enclosed. This must align with humane standards, and the dog must be controlled physically or verbally.
What Makes A Dog Dangerous?
There is a particular definition to identify what a dangerous dog is. A dangerous dog bites or attacks someone, and the incident leads to severe injury or a fatality. Additionally, a dangerous dog is also defined as one that attacks two people within 48 hours or two days. If an attack is reported, County Animal Services will conduct an investigation to determine if the dog needs to be impounded.
In more serious cases, the termination of the dog may be required. If this is not a requirement, but the dog is still dangerous, there are several mandates by which the owner must abide:
- Get the dog a photo identification and microchip it to identify the dog and keep track of its whereabouts.
- Use restraints such as fencing or a dog muzzle to keep the dog safe and restrained.
- The owner will have to purchase liability insurance in case of another attack.
How Common Are Dog Bite-Related Injuries?
These rules and regulations are necessary, as dog bite injuries are not just common in California but in the United States as a whole. On average, 4.5 million dog bites happen annually in the United States, which equals about one in every 73 people. To be clear, dog bites are common statewide and nationwide, but severe injuries from dog bites are not. Out of the 4.5 million dog bites that happen yearly in the nation, about 800,000 require medical treatment.
Discussion With The Liable Party
If someone suffers a dog bite attack, the wise decision will be to avoid discussing the legal case with the liable party. The only necessary discussion with the owner is the exchange of contact information.
Consequences For A Dog Owner In San Diego
Any owner whose dog bites someone must report the attack to the humane society. After this report, there is a required 10-day quarantine for the dog. The county’s animal service can determine the location of said quarantine. If it is the first time the dog has engaged in a dog bite attack, in some cases, the dog will be allowed to quarantine at the owner’s home in a safely enclosed containment figure. This containment must be proven to be safe and adequately secure for the dog.
Failing or refusing to adhere to this regulation will result in the following consequences:
- The dog owner will be charged with a misdemeanor and fined according to the limits of the violation.
- The dog has been given the title of being a dangerous dog or a public nuisance. This title applies to animals that have killed another animal and whose owner has repeatedly violated state and local animal ordinances. Additionally, this title is designated to dogs whose bite attack has resulted in severe injury or bite incidents of at least two people in two days (48 hours). The owner can request an appeal of this designation at a hearing.
What Else Should I Know?
The dog bite liability laws are strict in California. They apply specifically to bites and not other attacks. Despite this distinction, the dog owner is still responsible for controlling their dog so that the dog does not harm others. Due to this, if someone does suffer an attack but is not bitten, they can still file a dog bite claim in the city of San Diego. Upon filing the claim, the victim must provide proof that the dog bite attack resulted from the owner’s failure to take the proper steps to prevent the attack.
Pursuing Medical Attention
The need for medical attention for a dog bite injury will depend on its severity. In general, one should seek medical treatment, as dog bites have a high risk of infection due to bacteria. This infection can lead to severe illness and possibly be fatal. Failure to report a dog bite attack can affect the victim’s right to pursue compensation for injuries. Also, it leaves other members of the public open to being bitten by a dangerous dog.
If Someone Suffers A Dog Bite Attack In A Park
If someone endures a dog bite attack in a San Diego park, the victim can still file a claim. At one San Diego dog park, owners are allowed to take a dog off the leash. However, they are responsible for any and all attacks from the dog being unrestrained.
If The Dog Bite Injury Was Not Serious
Regardless of the severity of the injury, a victim of a dog bite attack can still file a dog bite claim. As long as the dog’s teeth come into contact with the victim’s skin and cause an injury, that is enough to file a dog bite claim. Physical impairment does not always indicate the potential psychological stress one can suffer from an attack, so pursuing a claim for these damages is also possible.
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
In Case Of The Need For Surgery
The victim of a dog bite attack may pursue compensation for medical expenses related to the injuries, including both current and future costs. The summation of the compensation will also be determined by the collection of economic and non-economic damages and may include:
- Lost income (economic)
- Medical bills for past and future medical treatments, such as surgical fees or prescription fees (economic)
- Disability (economic)
- Property damage (economic)
- Pain and suffering (non-economic)
- Emotional, mental, and physical distress (non-economic)
- Loss of consortium (non-economic)
Economic damage includes losses that are physically apparent. Non-economic damages cover intangible damages that are harder to justify.
Person Who Compensates For A Dog Bite Injury
Renter’s or homeowner’s insurance typically covers the vast majority of a dog bite attack compensation. Generally, this is up to the limits of the owner’s policy. On average, dog bite attack claims come to almost $800 million annually, and they continue to increase. The particulars of insurance policies vary from company to company, but in general, it is not a legal responsibility for insurance companies to add dog bite liability to their coverage. Additionally, various insurance companies will not cover dog breeds that are more likely to commit bite attacks.
Suffering A Dog Bite On The Job Or On Private Property
While performing occupational duties during work hours, an individual may choose to file for workers’ compensation to pursue any applicable financial benefits they may be entitled to. Additionally, aside from seeking workers’ compensation, a premises liability case may also be appropriate if a worker suffers a dog bite attack on private property. Depending on the specifics of the case, an experienced San Diego dog bite attorney can assist the victim in determining their eligibility for compensation.
Suffering A Dog Bite In An Apartment Complex
In California, strict liability states that only the dog owner is responsible for any damages that occur from a dog bite attack. In the case of enduring a dog bite attack on the premises of an apartment complex, the victim may also pursue a claim against the landlord. If this action is taken, the victim has to provide evidence that the landlord was knowledgeable of the dog’s dangerous character and consequently did not take action to warn the complex’s residents, specifically the victim.
Consulting an experienced San Diego dog bite attorney can help the victim pursue compensation for damages caused by a dog bite attack. These damages can be economic and non-economic and include medical fees, lost income, property damage, emotional stress, loss of consortium, pain and suffering, etc. Additionally, in the case of a fatality, the victim’s spouse or children may also be able to pursue compensation for their pain and suffering and for the victim’s lost income.
Contact Arash Law’s Experienced Dog Bite Attorneys In San Diego County
The attorneys at Arash Law serve injured victims of San Diego and the surrounding areas, including Rancho San Diego, Tijuana, Lakeside, La Presa, Chula Vista, Coronado, National City, Bostonia, El Cajon, Lemon Grove, Bonita, Santee, and Spring Valley.
We have years of experience handling various injury cases throughout California, including dog bite cases. When a victim suffers damages from a dog bite attack, they can benefit from a legal team to help them understand their rights and the available options to seek just compensation.
Our San Diego dog bite attorneys provide comprehensive legal services to victims. We offer free initial case reviews, estimate the potential value of your claim, conduct thorough investigations, gather evidence, including witness statements, and represent you in court if the circumstances of your case require it.
Contact us at (888) 488-1391, or use our online chat to schedule a free initial consultation. We look forward to hearing from you. We can schedule a meeting at a time that is convenient for you. If your injuries prevent you from traveling, we can also come to you or arrange a virtual consultation if that’s your preference.
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