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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 bit by a dog, you might be wondering what to do next.. such as: Who should pay for your injuries? And what type of lawyer can help you with the legal process?
Since dog bite cases fall under personal injury law, which is a branch of civil law, a lawyer specializing in that field can provide the legal expertise needed to navigate the claims process. Specifically, an injury lawyer with experience in dog bite cases can help you secure compensation for medical bills, pain and suffering, and other related damages. The law entitles injured victims to pursue justice and hold negligent pet owners or other responsible parties accountable for their actions.
Which Type Of Lawyer Deals With Dog Bites?
One of the most traumatizing injuries any person may experience is a dog bite. Some victims experience crippling physical and mental pain, while others need major reconstructive plastic surgery. In truth, recovery from this kind of injury can take years.
The associated expenses for a dog bite can be extensive. To recover the full compensation that victims need for recovery, they need to work with an injury lawyer who will protect their rights and fight for their interests.
Personal Injury Lawyers
Dog bite claims are another practice area for personal injury attorneys. These knowledgeable attorneys are prepared to handle a wide range of accidents and injuries, including dog bites.
You can count on them to resolve your dog bite case because they have a thorough understanding of personal injury law. They will 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 specialize only in dog bite cases. Dog bite lawyers have substantial expertise and understanding in managing 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’s important to consider a lawyer’s skill set, history of success, and client satisfaction in selecting one to handle your dog bite case. Choose an injury attorney who has successfully represented injured victims in dog bite cases in the past and who shows a sincere dedication to standing up for their client’s rights.
How Dog Bite Lawyers Can Help
When you or a loved one is seriously injured in a dog bite or attack, it’s crucial to have a top-rated injury lawyer who is committed to protecting your best interests. A dog bite lawyer understands the devastating impact these injuries can have on you and your family. They have devoted their careers to helping victims like you navigate every aspect of an injury claim, including:
- Gathering evidence from the scene of the attack.
- Building a strong case of negligence.
- Calculating all your damages and losses.
- Contacting potential witnesses for statements.
- Negotiating with the insurance company.
- Submitting documents within the time limit.
- Taking your case to court if necessary.
Many insurance companies will attempt to minimize your claim by using various tactics to reduce the payout or deny responsibility altogether. They may also try to downplay the severity of your injuries, question the circumstances of the attack, or offer settlements that don’t fully cover your medical expenses, lost wages, and pain and suffering.
Your injury lawyer will be prepared to counter these strategies and protect your rights. Skilled dog bite attorneys help you obtain compensation for both the tangible and intangible losses you sustained.
California Dog Bite Laws
In California, dog owners have a legal obligation to take reasonable precautions to prevent their dogs from harming others. 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 can be held liable for any injuries caused by their dog.
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, like California, follow strict liability in dog bite cases. Dog owners are automatically held responsible for injuries caused by their dogs.
Strict Liability
Under strict liability, dog owners are 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 this is applicable whether you were bitten in a public place or 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 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 the establishment of 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 failed to exercise reasonable care in training or controlling it. If the dog that caused your accident had bitten someone in the past, negligence laws 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. In situations as complicated as this, you will need experienced injury lawyers to help you navigate the legal process and successfully make the owner pay for your damages.
Dog Bites At Dog Parks
California’s strict liability applies to attacks that happen in public places like a dog park. The law mandates that dog owners are responsible for protecting others from their pets before they enter the dog park and once inside. Unless the victim provoked the dog, a claim seeking damages can 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 as “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. With the right injury lawyers for dog bite cases, they can secure the compensation they need from the dog owner’s insurance.
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 on 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 violated the leash regulations in California, resulting in their dog running at large and roaming around.
- 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 and 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 the size of the dog, 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 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
- Paralysis
A dog bite can sometimes be life-threatening. In case of a fatal attack, compassionate dog bite lawyers can assist the family of the deceased victim in bringing a wrongful death claim against the owner. While no amount of money can compensate for the loss, they can help alleviate the associated financial burden by recovering a fair settlement amount for the family.
Recoverable Damages In A Dog Bite Injury Claim
A dog bite can result in injuries that lead to a significant loss of income and 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 can seek compensation for both compensatory damages from the dog owner and other responsible parties. The damages you can recover 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 don’t usually 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 bites coverage can be anywhere between $100,000 and $300,000. As a claimant, it’s important to know that some insurance providers have breed restrictions in their plans. Your personal injury lawyer can check the policy to see if a certain breed is restricted and look into other possible sources of payment.
Insurance coverage for dog bites may have a very low cap on the settlement amount injured victims can obtain. In this case, the compensation you can receive may not be enough to cover your medical treatment and damages. Worse, the owner may not have insurance to pay for your losses. If this happens, hire a reliable lawyer to help you file a lawsuit to force the responsible owner to pay you out of pocket.
You can also trust your injury lawyer to hold other parties accountable and maximize your 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 liable in case of an attack.
What To Do After A Dog Bite Incident
Taking the following steps will help you ensure your well-being and secure your rights to compensation in case of a dog bite. You can keep your injuries and condition from getting worse and hold the owner and other parties if any, responsible.
- Prioritize your safety above all else by keeping your 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 ask for the names and contact details 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 clearly remember it.
- 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 counsel.
Reporting A Dog Bite Incident
If a dog bite or attack occurs in California, you are required to report it. You must get in touch with your local health department immediately in addition to filing a report.
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.
Failing to exercise these responsibilities during a dog bite or attack may entail a punishment of up to $100 under California law. If criminally charged and found guilty, the punishment may include being fined and imprisoned.
Filing A Homeowners Insurance Claim For 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 more than your needs. They may try to twist anything you say to them and use it against you 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, one of the best things you can do is to hire trusted injury lawyers to represent you. They will explore all possible avenues and maximize your compensation.
Skilled injury lawyers can handle the negotiations and review the insurance’s settlement offer to prevent you from accepting lowball settlement amounts. They will ensure you receive the maximum monetary reparation possible to cover all your current and potential future damages.
How Long You Can 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. Keep in mind that even if the injuries were severe, the victim has no legal options after the two years have elapsed.
Submit your claim as soon as possible. Delaying could hurt your case and cost you the compensation you deserve. 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, knowing your case is in good hands.
How To Prove Liability In A Dog Bite Claim
While California laws hold dog owners strictly liable for dog bites, it doesn’t mean victims are automatically compensated for their injuries. Dog bite victims still have to prove that the circumstances leading to the attack make the owner responsible for it.
Four requirements must be met in order to establish the dog owner’s liability for your dog bite injuries. Expert 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 is still liable.
- The plaintiff was in a public setting or legally on private property when the attack occurred. This means they were invited to be on the property and not trespassing. Trespassers who are attacked while on private property without permission cannot prove liability.
- 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 to 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 sets new records for the number of ER visits, hospitalizations, and dog bite deaths following the COVID-19 lockdowns. 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, yes. One of the most horrific experiences a person may go through is being attacked by a vicious dog. Getting medical help right away is essential, especially with the 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 ensure you can recover reimbursement for all 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?
Yes. Children are particularly vulnerable to dog bites, regardless of the size of the dog. A dog bite lawyer can investigate the event thoroughly and gather strong evidence to support your claim. They will build a compelling case proving the owner’s liability and recover the fair compensation your child needs to heal physically and psychologically.
How Much Does It Cost To Hire A Dog Bite Lawyer?
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. Thankfully, the majority of dog bite lawyers take cases on a contingency fee basis, where you won’t ever have to pay for your lawyer out of pocket. You won’t also be required to pay if your lawyer fails to get monetary restitution for your losses.
Your injury lawyer’s payment will be subtracted as a percentage of the total settlement or award they recover on your behalf. This payment method eliminates any financial risk on your part and incentivizes your dog bite attorney to get the most money possible.
Can I Recover Compensation If I Am Partially At Fault For A Dog Biting Me?
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 can still recover damages. Under California’s pure comparative negligence rule, sharing the blame doesn’t automatically bar you from recovering 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 30% if they find you to be 65% at fault.
In personal injury cases, blaming the victim is a typical defense. Insurance adjusters may misinterpret your statements to imply fault. This is why it’s crucial to let your injury lawyer handle communications with them. They will protect you from being unfairly blamed by the other party.
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 established, the homeowner is responsible for ensuring the driver can safely do their job.
If you are a delivery person who got bitten by a dog, you may be eligible to receive reimbursement not only for your medical expenses but also for lost wages for every day of work you miss. An injury attorney specializing in workplace accidents can help you recover financially through the workers’ compensation system in addition to a personal injury claim.
How Should I Document My Dog Bite Case?
Before you leave the scene of a dog bite, make sure you get the name, address, and phone number of the owner. 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 of the animal attack. Keep all medical records and any documents you get from healthcare providers.
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 recover the expenses of treating your dog’s injuries through this claim.
Got Bit? Call Our Dog Bite Lawyers To Evaluate Your Case
Following a dog bite, you shouldn’t be left to deal with the pain and emotional distress on your own. Dog owners should face the consequences of their negligence and compensate you for your damages. The accomplished dog bite lawyers at Arash Law can assist you with your dog bite claim against the dog owners.
Led by the esteemed Arash Khorsandi, Esq., Arash Law is one of the biggest injury law firms in California. We have a track record of success advocating for injured victims’ rights and interests. Having recovered over $500 million in settlements and court awards thus far, we can help settle your case with the most favorable outcome, too.
Contact Arash Law’s record-setting 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 car accidents to slip-and-falls, we guarantee exceptional legal services at no upfront costs. That’s right, if we don’t win your case, *there are no fees to pay us.
