San Jose Dog Bite Lawyers
We’ll tell you if you have a case or not, call (888) 488-1391 — We’re here 24 hours a day.
Our San Jose Dog Bite Lawyers Are Your Advocates After An Injury
If you or a loved one has suffered injuries from a dog bite, medical bills, lost wages, and emotional trauma can take a serious toll. Our San Jose dog bite lawyers are committed to helping you seek accountability for your losses. At Arash Law, we have helped injury victims pursue legal claims after accidents such as dog bites. Call (888) 488-1391 for a free initial consultation.
Dog bite incidents are complex. While many believe only strays or untrained dogs are capable of biting, the reality is that various factors can contribute to such incidents. Our lawyers understand these complexities and advocate for victims, helping them pursue the compensation that may be available to them while emphasizing the importance of responsible pet ownership.
We have experience handling complex cases involving dog bites and related injuries. Our attorneys are well-versed in California’s dog bite laws and guide clients through the claims process.
Why Work With Our Experienced San Jose Dog Bite Lawyers
Individuals injured in dog bite incidents may be able to pursue damages without legal representation. However, hiring a lawyer can help you address the complexities in the claims process. Our San Jose dog bite lawyers are familiar with the procedures and requirements involved in seeking compensation.
Dog bite claims can quickly become complex, especially if there is a dispute over liability or if the victim has suffered severe injuries. Some cases require negotiations, while others may proceed to litigation. We handle each case based on its specific circumstances. If a settlement cannot be reached, we are prepared to take your case to court.
We understand that dog bite cases can be especially difficult when the dog owner is a relative or a friend. However, it’s important to remember that in most cases, compensation for injuries, if awarded, is typically provided through the dog owner’s insurance policy rather than directly from the individual.
Our dog bite accident lawyers in San Jose aim to help clients pursue compensation in accordance with California law. We offer free initial consultations and work on a contingency basis, meaning clients won’t owe us attorneys’ fees unless they’re able to collect compensation. Our lawyers will discuss this, as well as other case-related costs that will be charged separately regardless of the outcome, before you sign any agreement.
largest animal attack settlement in 2020 for California; client suffered Traumatic Brain Injury– JUDD ROSS ALLEN
How Our Dog Bite Injury Attorneys Can Help You Seek Compensation
To start, our San Jose dog bite lawyers will assess whether you have a viable claim. If the case proceeds, we will gather evidence and manage the claims process, including documentation and communication with insurance companies. Our focus will be to help you seek accountability for your damages.
Here’s how we make it happen:
- Client-Centered Approach — We prioritize our clients and offer clear communication and comprehensive legal services. Our dog bite attorneys will keep you updated every step of the way, helping you make informed decisions during the whole process.
- Investigative Skills — A dog bite case requires solid evidence. Our lawyers can conduct independent investigations to prove the extent of your injuries and help establish the dog owner’s liability.
- Settlement Negotiation — Once we have built a case tailored to your needs, we estimate the potential value of your claim, taking into account the full extent of your losses. Our dog bite attorneys can then handle negotiations and represent your interests in settlement negotiations.
Why Dog Bite Incidents Happen
San Jose has numerous parks for dog owners and their pets to enjoy. Waterford Park allows dogs, but they must be on leash at all times. At Hellyer County Park, dogs can run freely in designated, fenced areas, separated for small and large breeds. Meanwhile, Butcher Dog Park and Hart’s Dog Park are entirely off-leash. Areas that give dogs the freedom to run around and socialize are beneficial for pets, but also increase the risk of dog bites. Many have experienced how quickly such incidents can happen, significantly affecting a person’s life and scarring them psychologically.
Dogs bring joy to many lives, but responsible pet ownership is essential for everyone’s safety. Even with proper training, unforeseen circumstances can lead to a dog bite. San Jose leash laws, requiring dogs to be leashed on sidewalks and trails, are in place to help prevent such incidents. Open communication about a dog’s behavioral history is also vital for keeping the community safe.
While some dog bites may be instinctive reactions, many are preventable through responsible pet ownership. Understanding canine behavior and recognizing potential triggers is key to preventing such incidents. Here are some of those reasons:
Communication
Dogs communicate their feelings through various signals. Growling, snapping, raised fur, and a rigid posture can indicate frustration or discomfort. It’s important to understand these cues and respect a dog’s space. Tail wagging, while often associated with happiness, can sometimes indicate anxiety, so it’s crucial to consider the whole body language.
Resource Guarding
Dogs may sometimes feel the need to protect valuable resources, such as food, toys, or their resting area. Understanding this behavior can help owners create a safe environment for everyone.
Discomfort Or Pain
A dog experiencing pain or discomfort may be more likely to react defensively, even to gentle touch. It’s essential to be gentle and observant and to consult a veterinarian if you suspect your dog is in pain.
Startle Response
Like humans, dogs can be startled. Cautiously approaching a sleeping or visually/hearing-impaired dog can help prevent a violent reaction.
Fear
Fear is a powerful motivator for all animals, including dogs. A dog that feels threatened or afraid may react defensively. Creating a safe and secure environment can help reduce fear-related behaviors.
Play
Playful nipping is a common behavior in dogs, but it’s important to teach them appropriate boundaries. Supervising play and providing clear guidance can help prevent accidental injuries.
Dog Bite?
Potential Long-Term Outcomes of Dog Bite Incidents
Dogs of any breed can bite and leave lifelong physical and emotional injuries. Even if the skin is not broken, any contact between a dog’s teeth and a person’s body that results in an injury is considered a “bite” under California law. Dog bites can lead to detrimental long-term effects, including the following:
- Rabies
- Infections
- Scarring
- Disfigurement
In addition, victims of dog bite incidents may experience:
- Physical pain
- Emotional trauma
- Fear of the outdoors.
- Fear of dogs (cynophobia).
Establishing Liability In A Dog Bite Incident
California’s strict liability law holds dog owners responsible for injuries caused by bites, regardless of the dog’s history of aggression. Unlike states with a “one-bite rule,” California law generally does not require victims to prove that the owner was careless. It’s important to note that this law does not cover injuries from non-bite incidents, such as a dog knocking someone over.
If you’re dealing with a military or police dog doing its job, strict liability usually doesn’t apply. You also can’t sue if the dog was just protecting itself from someone bothering it, or if it was helping an officer with any of the following duties:
- Arresting or holding a suspect based on reasonable suspicion of criminal activity.
- Investigating a real or possible crime.
- Executing a warrant.
- Defending a peace officer or another person.
Homeowners and renters insurance may cover dog bites, but there might be limits on how much they’ll pay. Coverage may not include dog bites by some breeds. Our San Jose dog bite lawyers can help you review available insurance options to address your claim.
Exceptions To Strict Liability In Dog Bite Cases
California law generally holds dog owners strictly liable for bite injuries. However, exceptions exist. A dog owner might avoid strict liability if:
- The injured person was trespassing.
- The injured person provoked the dog.
- Something else caused the injuries.
If disputes arise due to these factors, evidence like phone records, witness statements, and medical records could help support your claim.
Even if strict liability doesn’t apply, a dog owner may still be held liable under negligence. This focuses on the owner’s actions, not the dog’s nature. Negligence examples include:
- Failure to Leash — Violating leash laws is negligent, even if the dog is friendly.
- Failure to Control — Owners must control their dogs, even on leash. An owner’s inability to do so can be considered negligence.
- Knowledge of Vicious Tendencies — Owners aware of their dog’s aggression must take extra precautions. Failure to do so could be counted as negligence.
- Creating a Dangerous Condition — Allowing a dog to roam freely in a children’s play area, for example, may be negligent.
To establish strict liability, you must generally prove:
- The defendant owned the dog.
- The dog bit you.
- You were legally on the premises.
- The bite directly caused your injuries.
In negligence cases, you must prove the owner’s negligence caused your injuries. This requires showing that the owner breached their duty of care. Even a single bite can establish strict liability if conditions show it. Negligence cases require demonstrating that the owner’s actions were a direct cause of the harm.
Consulting with our San Jose dog bite lawyers can help clarify available legal options. We assist with gathering evidence, assessing liability, and managing the claims process.
Other Potentially Liable Parties In Dog Bite Incidents
In some cases, it’s not the dog owners who are liable. Our San Jose personal injury attorneys can investigate your case to reveal whether other parties can be held liable, such as the following:
- Dog Handlers — A person or business, such as a dog walker, daycare worker, or kennel staff, may be found accountable if they are watching over the dog at the time of the incident.
- Property Owners — A property owner has the duty to provide safe spaces for their clients, visitors, or renters. They may be held accountable under certain conditions, such as when a dog is not kept contained.
In this situation, strict liability doesn’t apply. You’ll have to prove that the dog walker, doggy daycare, kennel, or property owner was negligent, meaning they failed to act with reasonable care, and that this failure caused your injuries.
With the help of experienced dog bite injury lawyers in San Jose, you may be able to prove, for instance, that the handler neglected to secure the dog on their property or keep it on a leash. Another example is when the handler knew the dog had a history of violence or viciousness but still allowed it to run freely in an off-leash location.
Damages In A Dog Bite Claim
Children, especially young ones who can’t read a dog’s signals, are the most common victims of serious dog bites and attacks. While adults can be injured or, in rare cases, fatally harmed by dogs, younger children face a higher risk of severe or fatal injuries. Other individuals frequently affected include pedestrians, joggers, delivery workers, and children playing outdoors.
Dog bites could lead to devastating injuries. Deep puncture wounds can cause infections, nerve damage, and even flesh-eating bacteria. Lacerations may result in disfigurement and scarring. Regardless of the physical injury, any animal attack has the potential to cause lasting emotional trauma.
Our San Jose dog bite lawyers can help assess the effects a dog bite incident has on a victim’s life. We represent our clients’ interests during negotiations with insurance companies and in court, addressing all documented losses related to their cases.
After a dog bite accident, you may be able to seek compensatory damages, which are intended to make up for a victim’s losses. Despite being divided into economic and non-economic damages and calculated differently, these two categories are equally significant.
Economic Damages
Any losses with monetary value that can be measured financially fall under economic damages. These damages may include ongoing and future medical bills, such as:
- Doctor visits
- Hospitalization
- Medication
- Chiropractic care
- Missed income
- Cost of services the victim could perform independently before the incident.
- Property damage costs.
- Other out-of-pocket expenses.
Our dog bite lawyers in San Jose could also pursue any anticipated future losses and expenses, including continuing medical treatment and the injury’s long-term effects.
Non-Economic Damages
Non-economic damages cover the intangible consequences of a dog bite or attack. They may include pain and suffering, mental agony, emotional distress, permanent disfigurement, post-traumatic stress disorder, loss of quality of life, and more.
Our San Jose dog bite lawyers use various methods to evaluate your damages. We can aim to present the intangible effects of your dog bite injuries to the insurance provider or a judge and jury.
Steps To Take After Sustaining A Dog Bite Injury
It is important to take timely action after a dog bite to address your health and safety. Promptly filing a claim could also help support your case if you are eligible to pursue one. Here are some examples of steps you can take following a dog bite:
- Seek Medical Help Right Away — Following a dog bite, your health and safety come first. Even if you don’t think you may be seriously harmed, you should get medical help as soon as possible to protect your health and avoid unexpected problems later.
- Identify the Dog’s Owner — Get as much information as you can about the dog and its owner, including their contact details.
- Keep a Record of the Incident — Maintaining a record of relevant evidence can substantiate your case in and out of court. Take pictures or videos of the injuries, the scene of the incident, and any other obvious evidence of negligence, including broken fences.
- Obtain Witness Information — To support your case in court, it would be helpful to get the contact information of any witnesses who were there at the scene of the incident.
- Report the Incident — Report the dog bite incident to the local law enforcement or animal control agency.
- Contact Arash Law — Our San Jose dog bite lawyers have years of experience representing injury victims and advocating for their rights. We can help review and potentially pursue your case.
An attack that took place when a homeless man used an unsecured baseball bat in the Walmart store to attack a husband and wife who were shopping nearby. The jury found that Walmart was 50 percent liable for the attack, and the amount of the judgment against the company exceeded $30,000,000.– BRIAN BEECHER
The Time Limit To File A Dog Bite Injury Claim In California
If you sustained a dog bite injury, you have a limited time to take legal action. The statute of limitations in California for filing a claim is two years from the date of the attack. Failing to file within this timeframe means you forfeit your ability to seek compensation in court. However, certain exceptions may extend or shorten this deadline.
Waiting too long may result in lost evidence, fading memories, or untraceable witnesses. Insurance companies may cite delays in filing a claim as a reason to question the severity or validity of injuries. Experienced dog bite attorneys in San Jose can help address these issues.
Dog Bite Facts And Figures
Between 2005 and 2018, roughly 1,000 people were treated daily in emergency rooms for nonfatal dog bite injuries in the United States. Meanwhile, the Insurance Information Institute reported that in 2023, homeowners’ insurance settled $1.12 billion in liability claims involving dog bites and related injuries. In addition, due to rising medical expenses as well as the magnitude of settlements, verdicts, and jury awards granted to plaintiffs, the average cost per claim nationwide grew by 82.5% between 2014 and 2023.
While some dog breeds are more often involved in biting incidents, any dog can bite. Information from sources like the National Institutes of Health can show us trends, but it’s important not to judge all dogs of a breed by these numbers. The following information reflects these trends, but doesn’t mean any individual dog will bite:
- Pit Bulls
- German Shepherds
- Labrador Retrievers
- Boxers
- Rottweilers
- Beagle
- Jack Russell
- Bulldog
- Chihuahuas
- Husky
- Golden Retriever
- Dachshund
- Mastiffs
- Shih-Tzu
This list doesn’t mean some breeds are naturally more dangerous. A dog’s behavior depends on many things, like how they are trained and treated. Regardless of the breed, it’s crucial to treat all dogs with respect and caution.
If you or a loved one suffered injuries from a dog bite, get in touch with us. Our dog bite lawyers in San Jose could help you hold the dog owner or other liable parties accountable.
Questions Victims Frequently Ask Our San Jose Dog Bite Lawyers (FAQs)
Dog bites can be a distressing experience, often resulting in both physical and emotional harm. If a dog bites you, you may have questions about your legal rights and how to proceed. The following section answers common concerns our San Jose dog bite lawyers hear, offering clear and straightforward answers to help you understand your options.
How Can I Afford To Hire Dog Bite Injury Lawyers?
You might be thinking, “I need a personal injury lawyer, but can I afford to hire one?” Arash Law’s accident attorneys in San Jose take cases on a contingency fee basis. That means our payment is a portion of the final settlement or verdict amount. When clients work with us, the representation agreement they sign will specify that proportion in detail. There are no upfront costs. Clients won’t owe us lawyers’ fees if we are unable to resolve a claim with a settlement. During your initial consultation, you can ask us about our payment arrangement, fees, and other case-related costs that may be charged separately, regardless of the outcome.
What If My Injury Was Not A Dog Bite?
California law holds dog owners strictly liable for bite injuries in most cases, even if the skin isn’t broken. However, strict liability doesn’t cover all dog-related injuries. For example, injuries from a dog attacking someone without biting them are typically handled under negligence laws, not strict liability.
What Is The Timeframe For Resolving A Dog Bite Claim?
Since each dog bite claim is unique, their timelines can vary and may typically take a few weeks to several months. How long it takes to conclude can depend on factors like insurance processing times, case complexity, and any outstanding medical liens.
If there are delays in finalizing the settlement process, it may take additional time to process the payment. These delays could include administrative steps, such as check processing or required approvals. Before accepting an insurance company’s offer, it can be helpful to review your options with experienced dog bite lawyers in San Jose.
Consult With Our Dog Bite Lawyers In San Jose
Dog bites are among the most painful and traumatic injuries one can experience. Some victims need major reconstructive plastic surgery, while others experience emotional pain and an intense fear of dogs, which can take years to heal. Our San Jose dog bite accident lawyers aim to help you understand whether you can pursue compensation for your injuries and losses.
Arash Law also extends its services beyond dog bites. We have a team of experienced car accident lawyers, as well as injury attorneys who handle other injury claims, including DUI crashes, hit-and-runs, pedestrian accidents, truck incidents, and Uber or Lyft collisions. We have helped injured victims and their families across California seek accountability against liable parties.
Call (888) 488-1391 or fill out our “Do I Have A Case?” form here to speak to our San Jose dog bite lawyers. We also serve nearby cities and communities throughout the Golden State, including Santa Clara, Campbell, East Foothills, Milpitas, Cupertino, Los Gatos, Sunnyvale, Saratoga, Mountain View, Los Altos, Los Altos Hills, Fremont, Newark, Palo Alto, and Stanford.
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