What Kind Of Lawyer Handles Dog Bites?

A dog bite can leave victims permanently scarred or disfigured. Besides the excruciating injuries that need costly medical attention, those who were bitten may develop an intense fear of dogs and other psychological problems. If you got bitten by a dog, you might be wondering what to do next, such as: Who should pay for your injuries? What type of lawyer can help you with the process of filing a compensation claim?

Since dog bite cases fall under personal injury law, a branch of civil law, a lawyer who handles cases in this field can provide the necessary legal knowledge to navigate the claims process. Specifically, an injury lawyer with experience in dog bite cases can help you pursue compensation for medical bills, pain and suffering, and other related losses. The law entitles injured victims to seek damages from pet owners or other parties who may be responsible for a dog bite incident.

Which Type Of Lawyer Deals With Dog Bites?

A severe dog bite can be one of the most traumatizing injuries a person may experience, though not all incidents are this serious. Some individuals suffer significant physical and emotional pain, and others may require major reconstructive surgery. In the most severe cases, recovery can take years.

The associated expenses for a dog bite can be extensive. To pursue the compensation that victims may need for recovery, they can work with an injury lawyer who can advocate for their rights and interests.

Personal Injury Lawyers

Personal injury attorneys handle a wide range of accidents and injuries, including dog bites and other similar incidents. They are prepared to manage your dog bite case because they have an understanding of and years of experience practicing personal injury law. They can evaluate the specifics of your case, collect evidence, negotiate with insurance providers, and, if need be, take your case to court.

Dog Bite Lawyers

Some injury lawyers dedicate their time to handling dog bite cases. Dog bite lawyers possess the experience and understanding necessary to manage dog bite claims, as well as knowledge about the resulting injuries and the intricacies involved in these situations. They can provide personalized guidance throughout the process, drawing on their familiarity with state and local laws specific to dog bite incidents.

It is thus important to consider a lawyer’s skill set, the similar claims they’ve previously managed, and client satisfaction when selecting one to handle your dog bite case. Consider working with an injury attorney who has experience representing injured victims in dog bite cases in the past and who shows dedication to advocating for their clients’ rights.

How Dog Bite Lawyers Can Help

When you or a loved one is injured in a dog bite or attack, you can consult an injury lawyer who is committed to advocating for your interests. A dog bite lawyer understands the impact these injuries can have on you and your family. Throughout their careers, they have helped victims like you navigate every aspect of an injury claim, including:

• Gathering evidence from the scene of the attack.
• Building a well-supported case that demonstrates your losses.
• Calculating all your damages.
• Contacting potential witnesses for statements.
• Negotiating with the insurance company and submitting documents within the time limit.
• Taking your case to court if necessary.

Many insurance companies will work to advocate for the interests of their own clients during settlement negotiations. This may lead to disputes regarding the severity of your injuries and the circumstances of the attack. They might also offer settlements that don’t fully cover your medical expenses, lost wages, and pain and suffering.

An injury lawyer can navigate these strategies and advocate for your rights. Dog bite attorneys can help you pursue compensation for both the tangible and intangible losses you sustained if you have a valid claim.

California Dog Bite Laws

In California, dog owners have the legal obligation to take reasonable precautions to prevent their dogs from harming people. This includes ensuring that their dogs are securely restrained, especially in public spaces or around unfamiliar individuals. If an owner fails to meet these responsibilities, they could be held liable if their dog bites someone.

Some states adopt the so-called “one bite law,” which requires injured victims to prove that the owner knew their dog was aggressive. Other states, such as California, follow a strict liability standard in dog bite cases. This means that, generally, dog owners are automatically held responsible for injuries caused by their dogs.

Strict Liability

Under strict liability, dog owners are typically liable for a victim’s injury and damages, regardless of the dog’s prior aggressive behavior or the owner’s knowledge of it. As the victim, you don’t have to prove negligence. The California Civil Code dictates that this is applicable whether you were bitten in a public place or a private setting, including the dog owner’s property.

Most cases involving dog bites are covered by strict liability, but there are certain exceptions:

• You cannot hold a dog owner strictly liable if you are trespassing, but you can still sue for negligence, depending on the circumstances.
• You can’t sue under this statute if you were bitten by a police or military dog doing its duties.
• If you are a veterinarian or kennel worker, you cannot sue owners for strict liability if their dog bites you. You are assumed to have accepted the associated risk. However, you may have the right to sue the owners for negligence.
• You cannot sue owners for strict liability if you are proven to be partially at fault for the attack by upsetting or provoking the animal. Taunting, striking, or frightening the dog can all be considered provocation.

Negligence Liability

California’s strict liability statute does not apply to victims who are injured by dogs in ways other than biting, such as being knocked over or attacked. In such situations, the theory of negligence takes over in establishing liability. For example, a dog might knock you over, causing you to fall and sustain injuries, or chase you on a motorcycle or bicycle, causing you to crash.

You must prove that the dog owner failed to keep an eye on the animal, demonstrating that they did not exercise reasonable care in training or controlling it. If the dog that caused your accident had bitten someone in the past, negligence laws may also make the owner accountable. The owner should have taken reasonable steps to remove any danger of future attacks.

Since the burden lies on the victim to prove negligence, you must show that the owner knew or should have known that the dog was dangerous and that they failed to exercise due care and take reasonable precautions. This includes keeping the dog in a fenced yard, muzzling it, or keeping the animal on a leash at all times. In situations as complicated as this, you may need injury lawyers to help you navigate the claims process and seek damages from the owner.

Dog Bites At Dog Parks

California’s strict liability applies to attacks that occur in public places, such as a dog park. The law mandates that dog owners are responsible for protecting others from their pets before they enter the dog park and while they are inside. Unless the victim provoked the dog, a claim seeking damages could be filed against the dog owner’s insurance.

Additionally, the city operating the dog park or an apartment complex that maintains a dog park can’t be held strictly liable. This is because dog parks are typically considered “use at your own risk” facilities.

Dog Bites Against Bicycle And Motorcycle Riders

Stray dogs may run next to bicyclists and motorcyclists and bite the rider’s leg, ankle, or arm. Other times, dogs that aren’t properly restrained may chase after something that creates hazards for these road users. Dogs may cause a rider to swerve in traffic and run the risk of being struck by a car. While bicyclists are more vulnerable to severe injuries in a crash, both groups are particularly at greater risk compared to other types of road users.

Injury claims for damages aim to support the rider’s recovery. Injury lawyers for dog bite cases can pursue the compensation injured bike and motorcycle riders may need from the dog owner’s insurance, depending on the circumstances of their case.

Common Causes Of Dog Bites

Under certain conditions, even a household pet that has never displayed any signs of aggression may suddenly decide to attack someone. Dog bite attacks can happen anywhere. Generally, dogs bite due to environmental factors, such as when they feel fear or danger. They may also bite to defend their owner or territory. The responsibility to prevent this from happening lies with the pet owner, who should keep their dog under control at all times.

Here are some examples of situations that can lead to dog bites:

• A pet owner in California violated the leash regulations, resulting in their dog running at large and roaming the area.
• A pet owner failed to comprehend their dog’s dangerous tendency and keep it under control.
• Someone trespassed on the dog owner’s private property, causing the dog to attack them.
• Someone tried to provoke, harm, or pet an unfamiliar dog.
• Someone disturbed a dog while it was eating or nursing.

Avoid petting or approaching a dog that isn’t yours. If you’re visiting a family member or friend who has a dog, ensure they are home or that the dog is secured. If you’re about to be bitten, don’t run; remain still. Keep your distance, stand a little off to the side, and avoid making direct eye contact with the dog. You might be able to prevent an attack by remaining calm and assertive.

Typical Injuries Victims May Sustain From Dog Bites

Regardless of a dog’s size, a bite can result in serious harm. Children and the elderly, in particular, are at greater risk of sustaining catastrophic injuries from a dog bite because they are more likely to be unable to defend themselves against the animal. Nevertheless, anyone can be seriously injured or even killed by a vicious dog.

Some of the most common dog bite injuries include the following:

• Rabies
• Puncture wounds
• Facial and eye injuries
• Amputations or loss of limbs
• Lacerations
• Fractured bones
• Crush injuries
• Soft tissue injuries
• Nerve damage
• Head injuries
• Spinal cord injuries, which may lead to paralysis

A dog bite can sometimes be life-threatening. In case of a fatal attack, experienced dog bite lawyers can assist eligible family members of the deceased victim in bringing a wrongful death claim against the owner. While no amount of money can compensate for the loss, a wrongful death claim might help alleviate the associated financial burden by seeking compensation for the family’s losses.

Recoverable Damages In A Dog Bite Injury Claim

A dog bite can result in injuries that lead to significant financial losses and substantial medical expenses. These financial losses are considered economic damages. Moreover, it can also cause pain, suffering, and other intangible losses, which are considered non-economic damages.

If you or a loved one experienced these losses after a dog bite, you may be eligible to seek both types of compensatory damages from the dog owner and other responsible parties. The damages you could pursue may include:

• Ongoing and future medical expenses
• Reconstructive surgery
• Personal or nursing care
• Rehabilitative therapies
• Lost wages and earning capacity
• Counseling and psychotherapy expenses
• Other out-of-pocket expenses
• Scarring and disfigurement
• Loss of enjoyment of life
• Emotional distress and mental anguish
• Impairments and disabilities
• Punitive damages, in rare cases

Insurance Coverage For Dog Bites

Dog bite claims are typically covered by the dog owner’s homeowner’s or renter’s insurance. The owners usually do not pay the victim’s damages themselves if they are held responsible for the bite. For this reason, do not hesitate to file a claim, even if the dog owner is a friend or family member. You will be seeking damages from their insurance, not directly from them.

The policy limits for dog bite coverage can be anywhere between $100,000 and $300,000, though the amount a victim can pursue from such limits will vary on a case-by-case basis. As a claimant, it’s important to know that some insurance providers have breed restrictions in their plans. Your personal injury lawyer can review the policy to see if a certain breed is restricted and look into other possible sources of compensation.

Insurance coverage for dog bites may have a very low cap on the settlement amount that victims can pursue. In this case, the compensation you can seek may not be enough to cover your medical treatment and other losses. In some cases, the owner may not have insurance to address your damages. If this happens, you can ask a lawyer whether it will be necessary to file a lawsuit that aims to have the responsible owner pay you out of pocket.

Your injury lawyer can also work to identify other potentially liable parties if you need to explore other options for pursuing compensation. Property owners, for instance, may be held liable through premises liability laws. A landlord who lets the dog owner rent a house or apartment could be named in your claim. On a similar note, employers or business owners who permit dogs in the workplace run the risk of being held liable in the event of a bite.

What To Do After A Dog Bite Incident

Taking steps similar to the following can help you ensure your well-being and secure your potential right to pursue compensation in case of a dog bite. You can prevent your injuries and condition from worsening and seek damages from the owner and any other responsible parties.

• Prioritize your safety above all else by maintaining a safe distance.
• Try to stay composed and move to a safe location.
• If it is safe and possible to do so, get the pet owner’s information.
• Politely request the names and contact information of any witnesses to the attack.
• Report the dog bite incident to animal control.
• Seek medical attention for your wounds right away.
• Write down the event while you can still remember it clearly.
• Keep a record of all the damages brought on by the attack, including your medical expenses.
• Contact the pet owner’s insurance provider to file a claim; do not give them a recorded statement.
• Discuss your case with a dog bite lawyer before dealing with insurance companies. Do not accept a settlement offer without legal guidance.

Reporting A Dog Bite Incident

If a dog bite or attack occurs in California, you are required to report it. Contact your local health department immediately, in addition to filing a report with the relevant authorities.

A dog owner who leaves the scene after a dog bite will face legal repercussions. The pet owner or the person in charge of the involved animal must provide the injured victim with their contact details after the attack. They must also give them information about the dog’s vaccinations.

Filing A Homeowners Insurance Claim For A Dog Bite

After a dog bites you or someone you love, file a homeowners’ insurance claim as soon as possible. To start the claims process, report the incident to the dog owner’s insurance provider. However, you must remember that insurers will prioritize their business interests. You may accidentally say something that gives them valid grounds to dispute your claim.

When speaking with them, stick to the facts and make your statements brief. More importantly, do not apologize or take the blame. In any case, consider hiring experienced injury lawyers to represent you. They can explore all possible avenues for seeking compensation on your behalf.

Injury lawyers can handle the negotiations and review the insurance’s settlement offer to help prevent you from accepting inadequate settlement amounts. They can work to pursue monetary compensation that considers all your current and potential future losses.

How Long Can You Sue After A Dog Bite

The usual time frame for filing a lawsuit for personal injuries, including those sustained in a dog bite, is two years from the date of the incident. Some exceptions may extend or even shorten this period in your case. Keep in mind that even if the injuries were severe, the victim has no legal options after the applicable deadline has elapsed.

Submit your claim as soon as possible. Delaying could harm your case and result in the loss of your right to pursue compensation in court. You may also forget some of the details of the dog bite over time, potentially lowering further the value of your case. However, with an injury lawyer handling your dog bite claim, you can focus on your recovery while your lawyer handles the legal details.

How To Prove Liability In A Dog Bite Claim

While California laws generally hold dog owners strictly liable for dog bites, it doesn’t mean victims are automatically compensated for their injuries. In cases where negligence laws apply, dog bite victims must still prove that the circumstances leading to the attack make the owner liable for it.

Four requirements must be met in order to establish the dog owner’s liability for your dog bite injuries. Experienced injury attorneys can help you demonstrate the following:

• The defendant or responsible party legally owned the dog that allegedly bit the plaintiff or injured party. Even if a dog walker or housesitter is watching the dog, the legal owner could still be liable.
• If strict liability does not apply, you must establish negligence. The defendant, as a pet owner, breached their duty of care to the plaintiff if they violated state or local laws regarding responsible pet ownership, resulting in a dog bite accident. For example, failure to comply with leash laws or other provisions related to vaccinating or fencing in their dogs could be used as evidence of negligence in a claim.
• The plaintiff suffered actual harm. Medical records detailing the type and severity of injuries sustained can prove this and connect the harm directly to the incident.
• The dog accused of the attack was actually the one that inflicted harm on the injured party.

Dog Bite Statistics

A total of 468 people died as a result of getting bitten or attacked by a dog between 2011 and 2021. That’s an average of 43 deaths per year. The annual death toll varied from 31 in 2016 to 81 in 2021. Males died at a higher rate than females during 2011–2016, but females died at a higher rate than males in the years 2017–2021. Deaths more than doubled for both males (from 15 to 37) and females (from 20 to 44) between 2018 and 2021.

According to an LA Times report, California set new records for the number of ER visits, hospitalizations, and dog bite deaths after 2020. The number of emergency room visits for dog bites in the Golden State increased by 70% from 2005 to 2022, with 48,596 visits, or 125 visits per 100,000 persons.

Between 2006 and 2022, the hospitalization rate nearly doubled. Additionally, even though dog bite deaths are incredibly uncommon, California’s fatality rate increased by almost 70% during that time, with 28 fatalities recorded in the state between 2018 and 2022. Lastly, the death rate more than doubled between 2005 and 2022, with dog bites accounting for 96 deaths nationwide in 2022.

Frequently Asked Questions

Do I Need A Personal Injury Lawyer After Getting Bit By A Dog?

Generally speaking, you may benefit from hiring a personal injury lawyer. One of the most challenging experiences a person may go through is being attacked by a dog. Seeking medical help promptly is crucial, especially in cases where there is a risk of infection or rabies. Even a simple bite can quickly escalate into a dangerous situation, requiring extensive medical treatment. A dog bite injury lawyer helps you pursue reimbursement for your expenses from the dog owner, allowing you to focus on your recovery.

Should I Hire An Injury Lawyer If A Dog Bites My Child?

Consider hiring an attorney. Children are particularly vulnerable to dog bites, regardless of the dog’s size. A dog bite lawyer can investigate the event and gather evidence to support your claim. They can build a substantiated case to help establish the owner’s liability and seek compensation for your child to heal physically and psychologically.

How Much Does It Cost To Hire A Dog Bite Lawyer?

The cost of hiring a dog bite lawyer will depend on the complexity of your claim. For example, an attorney may charge more for cases that require court appearances.

It’s common to worry about the cost of hiring an attorney. You may be facing financial issues due to the significant costs associated with your medical recovery. That’s why our dog bite lawyers take cases on a contingency fee basis, where attorney fees are only charged if they recover compensation for you. You won’t be required to pay your injury attorney up front. However, certain court costs or other associated expenses may be your responsibility, regardless of the outcome of the claim.

Your injury lawyer’s payment would, under this agreement, be subtracted as a percentage of the total settlement or award they potentially recover on your behalf. This payment method aims to reduce your financial risk when seeking legal representation and aligns your dog bite attorney’s interests with yours as you pursue compensation.

Can I Recover Compensation If I Am Partially At Fault For A Dog Biting Me?

Though there is no guarantee you will recover compensation when filing a claim, you may still be able to pursue it even if you’re partially at fault for a dog bite incident. Dog owners may blame the victims for a dog bite, claiming they were trespassing or that they provoked the dog. As the injured victim, if you are found by a court to be partially at fault, you may still be able to seek damages. Under California’s pure comparative negligence rule, sharing the blame doesn’t automatically bar you from pursuing compensation.

The court will determine your percentage of fault. The compensation you may receive will be deducted accordingly. For example, the court may lower the damages award by 35% if it finds you to be 65% at fault.

In personal injury cases, blaming the victim is a typical defense. Insurance adjusters may misinterpret your statements as admissions of fault. This is why it’s crucial to let your injury lawyer handle communications with them. They can address any liability disputes that may arise during the claims process.

What Happens If A Dog Bites A Delivery Driver?

A delivery driver employed by the USPS, DoorDash, or Amazon might think that encountering a potentially dangerous dog is a normal aspect of their work. They might believe the dog owner isn’t liable for their injuries. This isn’t true. California homeowners and property owners may be held accountable if a delivery person is bitten.

Technically, the homeowner is inviting the delivery person into their yard and up to their front door when they place an order or accept a package. Unless other arrangements have been made, the homeowner is responsible for ensuring the driver can perform their job safely.

If you are a delivery person who got bitten by a dog, you may be eligible to pursue reimbursement not only for your medical expenses but also for lost wages for every day of work you miss. An injury attorney experienced in workplace accidents can help you pursue financial recovery through the workers’ compensation system and explore whether a personal injury claim may also be available.

How Should I Document My Dog Bite Case?

Before you leave the scene, be sure to get the dog owner’s name, address, and phone number. Call 911 for law enforcement and medical responders in case of a serious injury. Before seeking medical attention, take photos of the owner, the dog, and the location where the dog bite occurred. Keep all medical records and any documents you get from healthcare providers.

These details can serve as key evidence when filing a claim. Dog bite lawyers can review your documentation and gather additional proof if needed.

Can I Sue A Dog Owner If Their Dog Attacks Mine?

If another dog owner’s dog attacks your pet, you may be able to sue them. However, California’s dog bite laws and strict liability will not apply. You can instead file a property damage claim because dogs are regarded as property in California. You may be able to pursue compensation for the expenses of treating your dog’s injuries through this claim. Dog bite attorneys can assess your situation and help you seek compensation under the law.

Got Bit? Call Our Dog Bite Lawyers To Evaluate Your Case

Following a dog bite, you don’t have to deal with any resulting pain and emotional distress on your own. California law provides legal options for pursuing compensation when dog owners fail to meet their responsibilities and injuries result. The experienced dog bite lawyers at Arash Law can assist you with your dog bite claim against the dog owners.

Arash Law is an established injury law firm in California. We are committed to advocating for the rights and interests of injured victims. Our injury lawyers can assess the validity of your claim and, if you have a case, help you pursue the compensation that may be available to you.

Contact Arash Law’s injury attorneys at (888) 488-1391 to schedule a free initial consultation about your dog bite case. You can also complete our “Do I Have A Case?” form. From our car accident lawyers to our attorneys who handle slip-and-falls, we offer legal services at no upfront costs. That’s right; if our clients don’t receive compensation, they won’t owe us any attorney’s fees. However, they may still be responsible for certain other expenses related to their case, regardless of its outcome.