In the United States alone there are over 4.5 million dog attacks annually, with at least 800,000 of them needing medical attention. Man’s best friend is a wonderful addition to a household, but what if your dog begins to bite, or bite others? Even though a large percentage of households enjoy owning a pet dog, there are serious responsibilities that go beyond walking, feeding, and grooming. If you’ve been hurt or affected by a dog bite, you have rights to legal action.
Understanding California’s Dog Bite Laws: Civil Code 3342
40% of California homes keep dogs as pets and are responsible for them if they hurt someone. Under California civil code 3342, any dog owner is responsible for damages caused by that dog in a public place or “lawfully in a private place including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” It doesn’t matter if the dog has exhibited dangerous behavior previously. Some exceptions to this rule include if there is a trespasser in the home, in defense of a peace officer, a crime investigation, or if the dog was provoked in any way, in which case the dog owner can fight responsibility to any damages the dog may have caused.
Common Dog Bite Injuries and Why Medical Attention Is Crucial
Most dog bites happen on the face, neck, hands, or head and affect far more children than adults. If you or your loved one were lawfully at someone’s home and were bitten by their dog, the first step is to get medical attention immediately. Go to the nearest emergency room or a prompt doctor’s appointment. Dog bites are not only painful but can result in infections and other complications if not treated properly. If the bite is so severe you cannot drive, dial 911. Experts also say that even if you think the bite is minor, it’s best to get it checked out.
The Statute of Limitations for Filing a Dog Bite Lawsuit in California
Once you are safe, you must act quickly to protect your rights. In California, you have two years from the date of the bite to file a personal injury claim. This time limit, known as the statute of limitations, allows victims time to identify the dog’s owner, if necessary. If you fail to file your claim within this period, your case may be dismissed.
Settling vs. Filing a Lawsuit: What Are Your Options?
After filing your claim, you can either settle through the dog owner’s insurance company or proceed with a lawsuit. Many dog bite cases are resolved through homeowner’s, renter’s, or liability insurance policies that cover the damages caused by the dog.
If a settlement cannot be reached, taking your case to court may be necessary. At this stage, having a qualified dog bite lawyer in Los Angeles, Orange County, or Southern California is critical to building a strong case.
Building a Strong Case: Evidence You Need for a Dog Bite Claim
Gathering evidence is a vital part of your lawsuit. Photographic evidence of your injuries, torn clothing, or damaged personal items can make a significant difference in your case. Hold on to physical evidence and collect witness statements, including names and contact information.
If the dog owner is unknown, report the incident to local animal control authorities. A California dog bite lawyer can assist in obtaining records or tracking down the dog’s owner. Victims may be entitled to compensation for:
- Medical expenses (doctor’s bills, hospitalization, ongoing treatments).
- Psychological trauma or emotional distress.
- Lost wages from missed work.
- Permanent disfigurement or reduced quality of life.
Filing a Dog Bite Lawsuit in Southern California: Why Legal Support Matters
Dog bite claims can become complex, especially if the dog owner disputes liability. Having an experienced dog bite lawyer in Southern California, including areas like Los Angeles, Orange County, or San Bernardino, ensures you have the support you need to navigate local laws and regulations.
A lawyer can help:
- Gather additional evidence or witnesses.
- Work with medical professionals to assess long-term damages.
- Negotiate with insurance companies for fair settlements.
- Represent your case in court if necessary.
Protecting Your Rights After a Dog Bite Injury
Dog bites and attacks can have lasting physical, emotional, and financial consequences. By seeking medical attention promptly, documenting evidence, and contacting a skilled dog bite attorney, you can ensure your rights are protected and receive the compensation you deserve. Taking care of your recovery includes addressing both your physical and legal needs. Contact personal injury law firm, Borhani Law Group today for a free consultation.
Sources:
Dogbites.org
forbes.com
leginfo.legislature.ca.gov
california.public.law
worldanimalfoundation.org
california.public.la
ourfitpets.com
openai.com