Dog bite guide 2024: everything you need to know

Dog bite guide 2024: everything you need to know

If you have any questions related to personal injury, call us today at (619) 746-8879

Dogs are wonderful companions that brighten many lives and homes daily with their company and good times. But sometimes, due to their very nature, they could attack people they are not familiar with, which can impact the victim’s health.

Suffering a dog bite can be traumatic and cause significant physical and emotional damage, in addition to forcing you to incur a series of expenses if medical attention is needed. However, dog bite laws in California allow victims to obtain compensation for losses.

The American Veterinary Medical Association estimates that at least 800,000 people in the United States require medical assistance yearly due to dog bites. These statistics suggest that the number of dog bite injuries is significantly higher in children than in adults, as well as in the elderly and workers who offer home services, such as delivery drivers, mail carriers, town criers, and meter readers.

The following guide will help you understand your rights and tell you what to do if you or a loved one has been the victim of a dog attack. We invite you to learn about your rights and how to obtain compensation for injuries suffered.

Can I File a Dog Bite Lawsuit in California?

The Insurance Information Institute, an industry association in the United States, emphasizes that dog owners have civil liability and that victims of a bite or attack can file a claim to be “compensated.”

In California, Civil Code Section 3342 states that the owner of any dog shall be liable for damages suffered by any person bitten by such animal “while in a public place or lawfully in a private place.” This means the state imposes strict liability on dog owners in these cases.

Public places can be streets, alleys, parks, sidewalks, driveways, parking lots, cars, and buildings open to the public, such as shopping centers or restaurants.

This strict liability rule for dog bites in California determines that every dog owner is responsible for the victim’s injuries if the event occurred on public property or because the incident happened while the victim was legally on private property. And that responsibility is a legal obligation, regardless of the animal’s history or the owner’s knowledge of the dog’s aggressive or non-aggressive history.

This is why it is possible to file a lawsuit against the owner who has bitten a third party, not only for the direct physical damage caused by the bite but also if, for example, the animal caused an accident, such as chasing a bicycle, and that led to a fall for the driver.

Likewise, dog bites are among the unfortunate incidents for which you can file a personal injury pain and suffering lawsuit, which refers to the emotional distress and possible psychological harm that a victim experiences as a result of this type of attack.

Are there exceptions to the strict liability law for dog bites in California?

Some exceptions arise in the case of strict liability for dog bites in California. It should be noted that unless the bite falls within one of these exceptions, owners are legally obliged to compensate victims even if there were no prior signs of aggression.

1. Trespassing: the law does not protect those who invade private property and are bitten by a dog. If, for example, an assailant is bitten by a dog, its owner will not be strictly responsible.

2. Working dogs: Military and law enforcement agencies are not responsible if their dogs attack during their duties. However, the organization can be strictly liable if the dog bites a passerby during a legal procedure.

3-. Veterinary Rule: Some professions include a type of “risk assumption” because they work with animals, and within their duties, there is a foreseeable risk of a dog bite. Workers from veterinary centers and shelters can be included in this case. Although it does not exempt the filing of a case for a dog attack, the accused cannot be held strictly responsible.

What to do when a dog bite occurs?

The consequences of a dog attack can range from minor infections to serious injuries or even death. Even if dog bites are minor, they can lead to infections, so it is recommended that the affected person seek medical attention immediately.

After seeking and receiving necessary medical care, it is important to document the dog’s and owner’s information: name, address, contact, and insurance information. You should then report the incident to the police so that an official record of the attack can be created.

The next step is to contact a personal injury attorney in San Diego. This professional will be able to guide you through the process of requesting compensation for damages, filing a claim, and answering any questions you may have on the subject.

Your lawyer may ask you for information to support the case, such as a detailed account of everything you remember regarding the bite incident and the name and contact information of the dog owner. If you were not able to gather this information on your own, you can talk to a neighbor or ask a witness to the event.

Why is it important to hire a dog bite lawyer?

If you or a family member were the victim of a dog bite, an attorney experienced in California laws could guide you on how they may apply to your case.

This specialist will help you gather the evidence you need to prove your case, negotiate with insurance companies, and, if necessary, accompany you in filing a claim. With an expert on the subject, you will be well-represented to fight for your rights and obtain the best compensation.

If your dog bite claim is successful, you may receive financial compensation for medical expenses (current and future medical treatment, rehabilitation, medications) and loss of income or property damage. The extent of these compensations will depend on the severity of the injuries caused by the dog bite.

On the other hand, it is important to know that under certain conditions, punitive damages can also be claimed, resulting in the person responsible for the dog bite facing punishment for his behavior. This is accomplished by proving that the accused party acted negligently, intentionally, or recklessly.

Can I prevent a dog from biting me or a loved one?

As explained in a publication by the California Department of Public Health, although dogs are very affectionate, not all want to be petted and do not enjoy being approached or touched by strangers. For this reason, the department recommends that parents teach children that they cannot approach, much less touch, any dog they see on the street and that if a human accompanies the animal, they ask if the dog agrees to be petted.

But, in addition to being cautious about whether to touch them or not, this government institution also remembers that there are behaviors that can naturally annoy a dog, such as trying to enter areas of your home, taking away a toy or food, or pointing at the dog with an object that they consider threatening (umbrellas, tubes, bats, etc.).

They also invite you to recognize the physical signs that indicate when a dog is angry. In these cases, the animal generally has its ears back and close to its head, its eyes slightly closed, its body tense, and the hair on its back erected. It may also be growling and showing its teeth.

In many cases, there is not even a behavior that the dog considers threatening to attack, but it simply does so because of its temperament or some forms of upbringing or abuse that make it defensive, so there is little that can be done in these situations to defend yourself from getting bitten.

When a dog comes up to sniff you, the recommendation is to stay still. But if the animal is approaching you intending to attack, the Department of Public Health suggests measures such as putting an object in front of the animal and, if the person is knocked down, forming a kind of “ball” with the body and covering the ears to reduce the impact of the attack.

We can help you with your dog bite claim

If you or your family were bitten by a dog in California, an experienced dog bite attorney can protect your rights and help you get the compensation you deserve.

We recommend contacting a personal injury attorney in San Diego, California. Our expert professionals at Kannan Law can guide you through the process of applying for damages, filing a claim, and answering any questions you may have. Do not hesitate! Get the help you need today. Call us at (619) 746-8879 or complete this form to receive a free, confidential initial telephone consultation.