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Table of Contents
- United States Dog Bite Statistics
- Levels of Harm Regarding Dog Bites
- Compensation Available in a Dog Bite Accident Case
- What Happens If I Lose a Loved One Due to an Injury?
- Leash Law Code in San Diego County (62.669) and California Penal Code (597)
- Discussion with the Liable Party
- One-Bite Rule in San Diego
- Suffering a Dog Bite on the Job or on Private Property
Determined and Relentless Representation from Dedicated Dog Bite Attorneys in San Diego
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 populated 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 make the prevalence of dog bite injuries more severe. While there are leash laws, most dog owners are conscious of their dog’s temperament and propensity for violence. They control their dogs accordingly. However, despite these measures, dog bite accidents still happen.
If you have suffered an injury due to an animal bite, contact our award-winning San Diego dog bite attorneys. The team at Arash Law, led by famous lawyer Arash Khorsandi, Esq., has been representing injured Californians for decades. We want to assist you in recovering financial compensation after an injury. Contact us today at (888) 488-1391 or reach out to us via our chat feature to schedule a free, no-obligation case evaluation.
With so many people allowing for a wealth of diversity, this city is affluent and is rich with several attractions. Some of these sights include deep-water harbors, a range of tourist destinations, and several parks and beaches where several dog owners are present.
One of the most underrated aspects of San Diego is that it is, in fact, 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.
Animal Attack
$2,305,000.00
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 Diseases Control and Prevention (CDC), the following represents the number of dog bite attacks and the number and severity of annual injuries across the country. The following statistics include:
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 most 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 2018-2021. 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 can be baffling, as most people do not think of the number of dog bite accidents as being so rampant. Unfortunately, these attacks occur often, and it is critical to know the subsequent steps to take to get back to normal after a dog attack.
An San Diego dog bite attorney with experience handling dog bite attacks can help accident victims get the compensation they deserve after getting hurt in an accident. The effects of suffering a dog bite accident can be daunting and extensive, but having a good legal team can help you face this reality. It is important to have a team of reputable San Diego dog bite attorneys that is dedicated to helping victims navigate the legal process and that looks forward to relieving clients of the stress of a lawsuit.
Typical Causes of Dog Bites
Often, a dog bites someone as a defense mechanism if they feel 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 try and avoid an 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, out of 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.
- The most 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. Knowing the steps to take to recover from such an incident is imperative.
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 most typical. 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 the most familiar infection with which the public is familiar. If a dog is infected, it can spread the infection through its saliva upon biting a victim. If a victim contrives 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 bacteria, 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 kidney.
- Tetanus is a bacterium that exists not just in animal saliva but also in dust or soil. Suppose this bacteria 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 the most 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.
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Levels of Harm Regarding Dog Bites
Regarding the severity of dog bite wounds, several wound pathologists divide them into 6 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 is the most extreme, 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 the best way to ensure public safety.
The 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 requiring the owner to muzzle the dog when taking them away from the home.
In the last levels of 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 securing representation, though, there are several subsequent steps a victim should take upon 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 do in case a lawsuit or claim needs to be filed.
- Pursue medical attention as soon as possible. The severity of the dog bite wound can be more than what is initially seen. Be sure to retain medical records aligning with injuries suffered from the attack.
- Contact the dog owner’s veterinarian to ensure the dog’s vaccinations are accurate and up-to-date. Afterward, consult a skilled San Diego dog bite lawyer to pursue any owed compensation from the injury.
Benefits of Hiring The Best Dog Bite Attorneys San Diego Has To Offer
The task of finding a local dog bite attorney from 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 very complex, so it can be in the victim’s best interest to hire an experienced injury attorney. Experienced San Diego dog bite attorneys can offer the victim many benefits that will ensure they are comfortably guided through the legal process.
Below is a list of services that a qualified San Diego dog bite attorney can provide.
- A dog bite attorney can initially offer the victim (also called the consultee) a free 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 after the case is won in the client’s favor.
- 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 will also determine liability, meaning the party liable for the victim’s dog will be discovered. Determining liability is vital for gaining total compensation from the liable party’s insurer. Since many dog owners cannot cover a victim’s expenses out of their own pocket, a renter’s or homeowner’s policy serves to be an adequate replacement.
- Upon discovering liability, the lawyer will file the lawsuit promptly and appear in court to properly represent the client.
- 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 San Diego dog bite attorney believe will sufficiently repay the damages. These negotiations continue until both parties reach a decision. If both parties cannot decide, the case will 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 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 is entitled to compensation and should seek full compensation and can receive it with the assistance of an experienced San Diego dog bite attorney. The injury attorney can help victims recover the monetary damages they suffer, both economic and non-economic. This benefits the victim, as the attorney will work on their behalf to ensure they receive total compensation. In contrast, the victim focuses on their physical, mental, and emotional recovery.
Economic Damages
Economic damages are physical and tangible. This damage is simple to account for. Below are a few of the economic damages a victim can recover 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 compile. Medical bills include emergency room treatment, physical therapy, rehabilitation treatment, surgical procedures, ambulance services, etc.
- Property damages – These damages typically include any personal items the victim has with them during the attack. Some typical examples include phones, clothes, accessory times, etc.
Non-Economic Damages
These damages can be abstract and more difficult to account for monetary value. Nevertheless, a dog bite attack victim can still recover the damages. Below are a couple of examples of these types of damages.
- Pain and suffering – Victims can be compensated 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 can the victim endure pain and suffering from the dog bite attack, but the victim’s spouse can 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 repay the victim for their losses but punish the liable party for their wrongdoings. In such a case, the victim must prove the liable party acted in malice or oppression to receive a punitive damages award.
What Happens If I Lose a Loved One Due to an Injury?
While any injury resulting from a dog bite attack should be taken seriously, the most unfortunate cases result in a fatality. Any loved one of a victim who has suffered a fatal dog bite injury can seek a wrongful death lawsuit. With this, it is essential to remember that each state only permits certain family members to pursue such a lawsuit.
- 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 permissibly on the dog owner’s private property. It is essential to keep in mind that liability law is specific to if 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 receive 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 begins upon their coming of adult age.
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 abided 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 endowed 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 encased. 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 said attack or bite leads to severe injury or a fatality. Additionally, a dangerous dog is also defined as one who 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 the most severe case, 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.
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$610,000
Personal Injury Settlement
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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 who 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 the victim’s severe injury or they have bitten at least two people in two days (48 hours). The owner can request to appeal the designation at a hearing.
What Else Should I Know?
The dog bites 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 to ensure 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 upon 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 removes the victim’s right to receive compensation for damages. 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 teeth of the dog come into contact with the victim’s skin, that is sufficient to file a dog bite claim. Physical impairment does not always indicate the potential psychological stress one can suffer from an attack, so one should pursue and receive compensation.
Motor Vehicle Accident
$3,500,000.00
Settlement in a motor vehicle accident; client suffered internal injuries.– JUDD ROSS ALLEN
One-Bite Rule in San Diego
In various states, a one-bite rule exists to determine liability. This one-bite rule states that if the dog’s owner knew their dog was capable of biting, they are held liable for any injuries that may have resulted from the attack. Concisely, the owner will not be liable for the dog’s initial bite. However, in California, this rule no longer exists; the state is only a strict liability state.
In Case of the Need for Surgery
With determining liability, the victim of the dog bite attack can seek compensation for any and all medical fees related to dog bite injuries, both present and future. A dog bite attack victim is entitled to seek all compensation for damages. The summation of the compensation will also be determined by the collection of economic and non-economic damages, including all but not limited to:
- 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 prove. Additionally, California accident victims can recover punitive damages depending on the facts of the case.
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 and lies anywhere between $100,000 to about $300,000. 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 still have the choice of filing workers’ compensation to receive financial benefits. A possible premises liability case may be appropriate if someone suffers a dog bite attack on private property. Depending upon the specifics of the case, an experienced San Diego dog bite attorney can assist the victim in determining which legal is most beneficial to receive all compensation.
Suffering a Dog Bite in an Apartment Complex
In California, strict liability states that only the dog owner is responsible for any and all damages that occur from a dog bite attack. In the case of enduring a dog bite attack on the premises of an apartment complex, it is essential to remember that the dog owner may be unable to cover the cost of damages. In such a case, the victim can sue 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. In the city of San Diego, one can sue for the injuries received from the dog bite attack, but the city has sovereign immunity, preventing it from being sued in most cases.
Dogs are some of the most beloved animals by people of all kinds, not just in San Diego, California, but in the entirety of the country. This love extends beyond the United States’ parameters and reaches all parts of the world. Dogs can play several roles in the lives of people. They can be service dogs, helping people with disabilities to navigate their lives more quickly and efficiently. Dogs can be hunters, helping the owners to gather food for their families. They can be herders, assisting farmers in controlling and keeping track of barn animals. Dogs can be a companion who eventually becomes a friend; that friend can even become a part of the family.
The many roles a dog can fulfill can understandably arouse a bevy of emotions and make it difficult to understand and accept their animalistic nature. As with any other animal, dogs have a survival and defensive instinct, so they are wired to protect themselves and their owners.
Other times though, a dog can be wild and untamed, and the untamed dog can lead to the danger of surrounding individuals. This danger can lead to widespread dog bite attacks in the United States. Statistically, the United States averages almost five million dog bite attack injuries annually, and almost 800,000 of those injuries require medical attention.
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 be filed, and hiring an experienced dog bite attorney. All of these subsequent steps are crucial to recovering from a dog bite attack, but hiring a reputable San Diego dog bite attorney is beneficial in helping a victim navigate the legal process.
A well-known, and fully-vetted San Diego dog bite attorney can benefit the victim in many ways, most notably in helping them receive total compensation for the damages they received in a dog bite attack. These damages can be economical 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 pursue a lawsuit to receive compensation for their pain and suffering and for the victim’s lost income.
Contact Arash Law’s Esteemed Dog Bite Attorneys in San Diego County Today
The attorneys at Arash Law, led by Arash Khorsandi, Esq., serve the people of San Diego and 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.
Under the guidance of Arash Khorsandi, Esq., the San Diego dog bite attorneys at Arash Law have decades of experience helping our clients get the compensation they are entitled to after a dog bite attack.
When a victim suffers damages from a dog bite attack, they need a legal team to help them recover physically, mentally, emotionally, and financially. Our legal team takes the utmost pride in ensuring victims get what they deserve. We will take care of the legal side of the recovery.
Contact us today at (888) 488-1391, or use our online chat to schedule a free no-obligation case evaluation. We look forward to hearing from you. Our record-setting San Diego dog bite attorneys are here to help, any time of day.
We’ll come to your home, office, public place of choice or hospital if needed. Don’t hesitate to reach out!
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