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According to the California Department of Public Health, thousands of residents seek medical care yearly for injuries resulting from dog bites. These incidents can lead to physical scars, emotional trauma, and financial burdens that linger long after the initial attack. At Porter Simon Sierra Injury Lawyers, we understand a dog bite’s profound impact and are here to help you with the legal process as you or your loved one recovers.

An Overview of Dog Bite Laws in California

In recent years, Californians have suffered from a record number of dog bites, with over 48,000 dog bite-related ER visits in 2022. Fortunately, victims of bites have strong legal protections.

While other states follow a “one-bite rule,” which holds owners liable only if they knew or should have known about their dog’s aggressive tendencies, California is one of the few that follow a strict liability standard for bites. Under California Civil Code §3342, a dog owner is liable for damages if their dog bites someone on public or private property if the bite victim is on the property lawfully. This code applies regardless of whether the dog has a history of aggression or previous attacks. While this law strongly favors victims, there are certain situations in which dog owners may not be held liable for a bite, such as when:

• The victim was trespassing at the time of the attack.
• The dog was acting in defense of its owner or property.
• The dog bite victim antagonized the dog, which led to the bite.

Beyond bite-specific laws, California also enforces leash laws and dangerous dog ordinances. For instance, many counties require dogs to be on a leash in public spaces, and violations can strengthen a victim’s case if an attack occurs.

Who is Liable for a Dog Bite in California?

While dog owners are typically the primary liable party, other individuals or entities may also bear responsibility depending on the circumstances. Some examples of other individuals who may be held liable for a bite include:

• Landlords: Landlords may be held liable if they knew a tenant’s dog posed a danger and did nothing to address it. In that case, they might share liability for an attack on their property.
• Dog Walkers: If a dog walker fails to control the dog properly or ignores leash laws, they could share liability. For instance, if a dog walker knowingly handled an aggressive dog off-leash in a public area, they could be held responsible for injuries.
• Property Owners: If the attack occurred on someone else’s property and hazardous conditions contributed to it, the property owner might also face liability. For example, an unfenced yard that allowed a dangerous dog to escape could implicate the property owner.
• Pet Sitters or Temporary Caretakers: Individuals tasked with temporarily caring for a dog, such as a pet sitter, could be held liable if they acted negligently. For instance, failing to properly secure a known aggressive dog could make the caretaker partly responsible for the attack.

Determining liability requires investigating the circumstances of the attack, including reviewing ownership records, witness statements, and prior complaints or incidents involving the dog.

Common Dog Bite Injuries: Physical and Emotional Consequences

Dog attacks can cause many injuries, from minor wounds to life-altering damage. Some of the most common injuries from dog attacks include:

• Puncture wounds and lacerations: These wounds can introduce bacteria such as pasteurella, streptococcus, or staphylococcus to the body. If untreated, they can cause complications like cellulitis or sepsis.
• Nerve damage: Damage to the nerves can result in permanent loss of sensation or mobility, especially in areas such as the hands, arms, or legs.
• Fractures: These may occur in cases where the victim is knocked down during the attack or bitten with enough force to break bones.
• Tissue damage: Victims may experience muscle or ligament tears, which can impact mobility and require long-term rehabilitation.

These injuries, and the incident itself, can leave a profound psychological impact on dog bite victims, including:

• Post-traumatic stress disorder (PTSD): Victims may experience flashbacks, nightmares, or severe anxiety triggered by dogs or situational stimuli.
• Anxiety and depression: Fear of encountering another dog, coupled with the physical recovery process, can lead to isolation and emotional distress.
• Phobias: Many victims develop a lasting fear of dogs (cynophobia), which can interfere with daily activities or outdoor recreation.
• Emotional distress in children: Children, who are often victims of severe bites, may struggle with fear, anxiety, and self-esteem issues related to their injuries or scars.

What Are the Types of Dog Bites?

The Dunbar Dog Bite Scale is a tool that is often used to measure the severity of dog bites. It categorizes bites into six levels, with level one being the least severe and level six being the most severe.

• Level 1: Aggressive behavior without skin contact (e.g., snapping). While no physical harm occurs, this level indicates a concerning behavioral issue that should be addressed to prevent escalation.
• Level 2: Teeth make contact, but there is no puncture. These incidents may cause bruising or minor abrasions but are generally not severe. However, they signal the potential for more dangerous behavior in the future.
• Level 3: Shallow punctures from a single bite. Though considered moderate, these bites can still cause pain, bleeding, and risk of infection.
• Level 4: Deep punctures from a single bite, often accompanied by skin bruising or tearing. This level of dog bite can indicate considerable aggression and may lead to long-term physical or emotional harm.
• Level 5: Multiple bites with deep punctures. These attacks are severe and frequently involve sustained or repeated aggression, resulting in extensive injuries. Immediate medical attention is essential in these cases.
• Level 6: This most severe level encompasses incidents that lead to the victim’s death. These rare occurrences underscore the potential dangers posed by aggressive dogs.

Understanding the severity of a dog bite aids in determining the appropriate legal response and the level of compensation to seek.

What to Do After a Dog Bite in California

If you or someone you know has been bitten by a dog, taking the following steps can strengthen your legal claim:

Seek Medical Attention Immediately

Even minor wounds can become infected, so consult a doctor promptly. Ensure your medical provider documents the nature and extent of your injuries, as this will be crucial for your claim.

Report the Bite to Authorities

Notify your local animal control agency or health department. Reporting ensures the dog’s vaccination records are checked and helps authorities track dangerous animals to prevent future incidents.

Document the Incident Thoroughly

Take clear photos of your injuries, the dog, and the attack scene. Gather contact information for any witnesses and the dog’s owner. Write down details about the incident while they are still fresh in your memory.

Preserve Evidence

Keep records of all medical treatments, receipts, and any communication related to the incident. If the dog’s owner provided information, such as proof of vaccination, save those documents.

Avoid Speaking with the Owner’s Insurer

Insurance adjusters often aim to minimize payouts. It is important to consult a dog bite attorney before talking to the dog owner’s insurance company.

Consult an Experienced Dog Bite Lawyer

A dog bite attorney will assess your case, investigate to identify all potentially liable parties, and negotiate with insurance companies to secure fair compensation. They can also represent you in court if necessary.

Do I Need a Lawyer for a Dog Bite?

While California’s strict liability laws make it easier for victims to recover compensation, hiring a lawyer is instrumental to achieving a successful outcome. Insurance companies may dispute liability, downplay injuries, or pressure victims to accept low settlements. An experienced dog bite lawyer can:

• Investigate the Incident Thoroughly: Lawyers gather crucial evidence, such as medical records, witness statements, photographs, and any history of aggression associated with the dog. This helps establish liability and strengthen your claim.
• Navigate Complex Legal Procedures: Dog bite claims involve legal nuances that can be overwhelming for victims. A lawyer’s expertise ensures all paperwork is filed correctly and deadlines, like the statute of limitations, are met.
• Negotiate with Insurance Companies: Insurance adjusters aim to minimize payouts. A lawyer knows insurers’ tactics and can advocate aggressively for fair compensation.
• Assess the Full Value of Your Claim: Beyond medical expenses, victims may be entitled to payment for lost wages, future medical needs, emotional distress, and diminished quality of life. Lawyers ensure no damages are overlooked.
• Represent You in Court: If a settlement cannot be reached, a lawyer will prepare a compelling case for trial and fight for your rights before a judge or jury.

Even in cases where the facts seem straightforward, a lawyer’s expertise ensures no aspect of your claim is overlooked.

What Compensation Can I Receive From a Dog Bite Case in California?

Compensation for victims of dog bites in California may include:

• Medical Expenses: This covers the costs related to emergency care, surgeries, hospital stays, medications, physical therapy, and any future medical needs, including reconstructive surgery or ongoing treatment for infections or complications.
• Lost Wages: You might be eligible for compensation for lost income if you cannot work due to your injuries.
• Pain and Suffering: This consists of financial compensation for physical pain, emotional distress, and the psychological consequences of the attack, including PTSD, anxiety, depression, and other emotional damages.
• Property Damage: Costs to repair or replace personal items damaged during the attack, such as clothing, eyeglasses, or electronic devices.
• Future Costs: Victims may also receive compensation for long-term impacts, including therapy, counseling, or rehabilitation to support physical and emotional recovery.

In many instances, compensation comes from the dog owner’s insurance company through a homeowner’s or renter’s policy. These policies often offer additional liability coverage, ensuring victims receive fair compensation without directly impacting the dog owner’s finances.

Moreover, in rare situations where insurance coverage is insufficient or unavailable, victims may pursue compensation directly from the dog owner or other responsible parties. An experienced attorney can assist in identifying all potential sources of recovery to maximize your compensation.

California Dog Bite Lawyer: FAQs

Can You Sue For a Minor Dog Bite in California?

Yes. Even minor bites can cause infections or leave scars, making you eligible for compensation. California’s strict liability law applies regardless of the severity of the bite.

What is the California Dog Bite Statute of Limitations?

You have two years from the date of the incident to file a personal injury claim. However, it is best to consult a lawyer as soon as possible to preserve evidence and strengthen your case.

What if the Dog Owner is My Family Member or Friend?

Filing a claim does not necessarily mean financial harm to your family member or friend. Compensation typically comes from their insurance policy, not their personal finances.