Dog Bite Injuries in California: Owner Liability and Compensation
A serious dog bite can cause significant physical injuries and long-lasting emotional trauma. After such a distressing incident, you may feel unsure of your rights as a dog bite victim and overwhelmed by the prospect of filing a legal claim.
Thankfully, California law imposes significant responsibilities on dog owners. In most instances, owners can be held strictly liable for harm caused by their pets, regardless of a dog’s aggressive tendencies or lack thereof.
After a life-altering injury, an experienced and understanding dog bite injury lawyer is the advocate you need to hold dog owners accountable and recover just compensation for what you have suffered. At Harker Injury Law, we understand the various California laws that impact dog bite injury cases and can tell you what compensation you may be eligible for after an attack.
Understanding Dog Owner Liability in California
Dog bite injuries have long been a public health concern. Sadly, 60,000 people across California sought emergency medical attention because of a run-in with a dog in 2022. Of these incidents, 87 percent were because of dog bites.
In view of the risks, the State of California has enacted legislation in defense of bite victims. In California, dog bites are subject to strict liability under Civil Code 3342. This means the owner can be held responsible for your injuries even if the dog has never bitten anyone or if the owner was unaware of the dog’s potential danger.
In California, dog bite laws usually don’t require victims to show that the owner was negligent. This is different from other personal injury claims. Even if the owner tried to keep the dog away from the victim or apologized, he or she can still be held accountable for the injuries the dog caused.
Exceptions to the California Law of Strict Liability in Dog Bite Cases
While California’s strict liability law, Civil Code 3342, means that dog owners will be held strictly liable for most dog bite incidents, there are some exceptions to the rule.
Dog owners may not be found strictly liable under the following circumstances:
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- The injuries are not bite-related: The strict liability rule covers bite-related injuries only. To pursue compensation for non-bite injuries, such as being knocked over or scratched, you may have to prove the dog owner’s negligence.
- The injured person was trespassing: Strict liability law does not protect dog bite victims who were trespassing or otherwise unlawfully present on private property.
- The injured person provoked the dog: If the dog bite resulted from provoking, teasing, or tormenting the animal, the owner’s liability may be reduced or eliminated.
- The injuries were caused by a police or military dog: Bites inflicted by dogs performing military or police work under specific legal conditions may be exempt from strict liability.
In the aftermath of a harmful dog bite incident, working with a California dog bite lawyer will be to your advantage. He or she will ensure that the state’s strict liability law is properly applied in your case and that no avenues for restitution are overlooked.
At Harker Injury Law, our lawyers can thoroughly examine your situation. When we take on your case, we will pursue its maximum value. Contact us to learn more about our process.
Proving Owner Liability Under California Law
To prove owner liability and successfully bring a dog bite lawsuit in accordance with Civil Code 3342, you will need to demonstrate the following:
- The person owned or was in possession of the dog that bit you
- You were either on public property or lawfully on private property when the dog attack occurred
- You sustained injuries from the dog attack
- The owner’s dog was the clear and definite cause of your injuries
Proving dog bite liability is not always a straightforward process. A dedicated personal injury attorney can help determine the exact circumstances of your dog bite injuries and advocate on your behalf.
Comparative Fault and California Dog Bite-Related Injuries
Even though California is a strict liability state when it comes to dog bite injuries, the actions of the bite victim are also considered.
For instance, if a person intentionally agitated or mistreated a dog before being bitten, he or she could be found partially at fault for what happened. The victim may also be liable if he or she was warned by the owner not to approach the dog but chose to do so anyway.
California’s pure comparative negligence rule allows dog bite victims to pursue damages against dog owners even in incidents where the victim bears most of the responsibility for what happened. However, your amount of compensation will be reduced by your percentage of fault for the dog bite attack.
Find out what your case could be worth during a free consultation with our law firm. Call Harker Injury Law today.
How the California Statute of Limitations Impacts Dog Bite Claims
After a dog bite injury in California, you have a limited amount of time to file a lawsuit and seek compensation. Legal action involving injuries caused by dogs generally falls under personal injury law. Under California’s statute, personal injury victims have 2 years to file a claim from the date of the incident.
This may seem like plenty of time, but it can run out sooner than you expect. If you fail to file a claim within the allowed timeframe, you forfeit your right to obtain fair compensation for your physical injuries and emotional distress.
Don’t let the statute of limitations derail your dog bite injury claim. Prompt legal action after an attack will put you on the best road to recovery. By filing a legal claim, you may also protect others from being harmed by the same dog.
Potential Compensation in a California Dog Bite Case
You may recover different amounts of financial compensation in a dog bite case. This depends on how significant your injuries are and how likely you are to recover, along with other factors. You may be able to recover damages for both economic and non-economic losses.
Compensation in dog bite cases may include:
- Past, present, and future medical expenses and medical bills
- Lost wages
- Reduced earning capacity
- Property damage
- Pain and suffering
- Reduced capacity to take part in normal activities
- Loss of enjoyment of life
- Scarring and disfigurement
- Emotional distress
- Counseling and therapy
- Wrongful death
A dog bite can result in serious injuries requiring extensive medical treatment, resulting in substantial medical expenses. What’s more, the fallout from a vicious attack can lead to long-term emotional distress.
An empathetic dog bite injury lawyer can help you attain restitution for these and other damages. Seeking rightful compensation, with the assistance of an attorney, is a key step in regaining your quality of life after a traumatic dog bite injury. So don’t wait, let’s discuss your case today.
Potential Sources of Recovery in a Dog Bite Case
Even in instances where the owner is clearly responsible, some victims hesitate to file a dog bite claim when the dog belongs to a friend, relative, or neighbor. Understandably, people want to maintain good relationships with certain people.
Most often, the dog’s owner’s insurance company will pay for your damages. Insurance policies that cover dog bites may include:
- Renter’s insurance
- Homeowner’s insurance
- Landlord insurance
- Business insurance
If the dog owner lacks an insurance policy for your damages, he or she might have income or other assets to help cover the difference.
Important Steps After a California Dog Bite Incident
The actions you take after a dog bite incident can significantly impact the success of your injury claim. The following steps will help uphold your legal rights, preserve your health, and boost your compensation amount:
- Seek immediate medical attention: Your health and well-being are the top priority. Even if your injury appears minor, seeking medical attention will protect you from possible infections and further complications. Medical records from the incident will also provide valuable evidence of your damages.
- Identify the dog and its owner: Document the dog’s breed and appearance. Get the dog owner’s name, contact information, and insurance details — as well as the dog’s medical history.
- Document the incident scene and your injuries: Take photos of your injuries, where the bite occurred, and any other relevant details.
- Get the contact information of eyewitnesses: Obtain contact details from anyone who may have witnessed the actual bite attack. Eyewitness testimony can be invaluable evidence in a dog bite lawsuit.
- Report the dog bite attack: Report the bite to your local animal control authorities or law enforcement agency. This creates an official record of the dog bite incident.
- Avoid discussing the incident with the dog owner’s insurance provider: The dog owner’s insurance company is not on your side. Don’t make statements to the owner’s insurer without the guidance of an attorney.
- Reach out to a California dog bite lawyer: A personal injury attorney can guide you through the legal process and support your right to restitution for what you have suffered. Schedule a free consultation with Harker Injury Law today.
By following these steps, you can create a robust personal injury claim. This will help you maximize your compensation after a painful dog bite injury.
The Value of Hiring an Experienced Attorney After a Dog Bite Injury
While California’s strict liability rule is designed to protect dog bite victims, a number of challenges may arise in the legal process. Insurance companies oftentimes attempt to dispute liability, minimize settlement amounts, or argue that exceptions to the strict liability law apply.
A well-practiced personal injury attorney can work to protect your rights and secure your compensation in a number of key ways:
- Communicating with the insurance company: By communicating with the insurance adjusters on your behalf, your attorney will shield you from stress and ensure you are not taken advantage of
- Gathering evidence: Your lawyer will investigate the circumstances of your case and collect critical evidence to support your claim
- Assessing your damages: By determining the full extent of your past and current losses, your attorney will ensure that you seek enough compensation to secure your future comfort
- Negotiating a just settlement amount: Your attorney will work to reach a fair settlement agreement that fully reflects your losses
- Representing you in court if necessary: In the event a fair settlement cannot be reached, your lawyer can argue your case at trial
After a devastating dog bite injury, having an invested lawyer on your side can mean the difference between winning fair compensation and walking away with nothing.
Reach Out to Compassionate Dog Bite Injury Lawyers for Assistance
A serious dog bite attack can leave you injured and rattled to your core. Such a traumatic event can forever change your life. Filing a lawsuit is often a pivotal step in regaining your quality of life after such an unfortunate incident. This is no time to go it alone.
At Harker Injury Law, we have stood by family and friends who have suffered difficult dog bite injuries. We are here to stand by you, too — with trustworthy and compassionate legal advice and guidance. Our legal team thoroughly understands California dog bite laws and is adept at putting them to work on behalf of injury victims.
If you or a loved one has suffered a dog bite injury, come and tell us your story. We want to help. Please contact us today to schedule a free consultation. Our clients are always treated like family, and your best interests always come first.
