Dog Bite Accidents
Being attacked by a dog can result in painful injuries necessitating costly medical treatment and lead to permanent scarring or disfigurement. The psychological aftermath may include trauma and a lasting fear of dogs. With our help, the legal system can be leveraged to seek justice and compensation from owners of the pets and other parties that may be responsible.
California Dog Bite Law
In California, there is a strict liability statute regarding dog bites. This means that a pet owner can be held accountable without proof of negligence. Specifically, California Civil Code Section 3342 says that the owner of a dog is held responsible for any damages suffered by a person who was bitten while lawfully present on private property or in a public area, no matter the dog’s previous behavior or the owner’s knowledge thereof.
Thus, if an individual sustains an injury due to a dog bite while lawfully present on the premises where the incident occurred, then the owner or person controlling the dog is legally responsible for those injuries. That said, it’s important to note that this law generally does not apply to dog bite injuries that occur while the dog is engaged in military or police activities.
Statute of Limitations for Dog Bite Accidents
As a victim of a dog bite injury, adhering to California's statute of limitations is crucial when considering legal action. This law sets a deadline for initiating a lawsuit, requiring it to be filed within two years from the date of the attack in most cases. However, if the victim of the dog bite was below 18 years old at the time of the incident, they might have until their 20th birthday to file a claim, even if this extends beyond the two-year limit.
In general, unless there are specific circumstances, California courts will reject any injury claim filed after the statute of limitations has expired. This underscores the importance of promptly seeking guidance from a California personal injury lawyer following the incident. By engaging an attorney quickly, they can immediately begin working on the dog bite case to ensure that a lawsuit is filed within the stipulated deadline.
Liability in Dog Bite Accident Cases
In the majority of cases, the owner of a dog bears responsibility for any property damage, injuries, or fatalities caused by their dog. However, if someone else was in control or caring for that dog at the time of the incident, that person may assume liability instead. In California, a dog “owner” can be defined as someone who is keeping or sheltering the animal. If a person other than the owner was supervising, controlling, or had possession of the dog at the time of the incident, that individual could be held liable for any resulting injuries.
In situations involving a dog owned by a child under the age of 18, the child's parents would be held vicariously liable. Consequently, it becomes the parents’ responsibility to cover the medical expenses of the injured party. Additionally, under California law, a landlord might be deemed liable for dog bites if they were aware that a tenant was harboring a dangerous dog but took no action to prevent foreseeable attacks.
If an individual has inquiries regarding liability, it's advisable to consult with an experienced personal injury attorney, like one at Phillips, Erlewine, Given & Carlin LLP. We will assist in determining liability by examining the specifics of the dog bite case.
Damages in Dog Bite Accident Cases
Individuals who suffer from dog bite injuries may hesitate to pursue legal action because they are concerned that the dog owner, particularly if they are a friend or family member, might face financial strain due to the lawsuit. It is important to remember that, in most cases, it is the pet owner’s insurance provider that handles injury claims. Typically, homeowner's insurance policies cover dog bite injuries that occur on the owner’s property, as pets are legally considered property. In situations where a dog bite injury occurs while the pet is inside the vehicle, the owner’s car insurance policy usually covers the claim. Some insurance companies even offer specialized policies for dog attacks. Nevertheless, if the pet owner lacks any insurance coverage, they are personally liable.
Regarding potential defenses against dog bite injury claims, a pet owner may assert that the victim was trespassing at the time of the attack, which, in California, can impede the victim's ability to recover financial compensation. Another common defense is alleging that the victim played a role in provoking the dog. Under California law, if the victim is found partially at fault, their financial recovery may be reduced proportionally.
Why Choose Us As Your Dog Bite Attorneys?
Expertise: Our dog bite lawyers are knowledgeable in personal injury law and have extensive experience handling personal injury cases. We have a thorough understanding of the legal, ethical, and medical complexities involved and will use our expertise to build a strong case on your behalf.
Personalized Approach: We believe in providing personalized attention to every client. We understand that each case is unique and requires a tailored approach. Our dog attack attorneys will take the time to listen to your concerns, answer your questions, and develop a legal strategy that aligns with your specific needs and goals.
Proven Track Record: With a successful track record of obtaining favorable outcomes for our clients, you can trust us to handle your case. We have secured significant settlements and verdicts in injury cases, helping our clients recover compensation for medical expenses, lost wages, pain and suffering, and more.
Resources and Network: We have access to a wide range of resources and a vast network of experts, including medical professionals and investigators. We will leverage these connections to strengthen your case and ensure that no stone is left unturned.
No Fee Unless We Win: We understand the financial strain that can come after suffering a dog bite injury and any investigation that follows, which is why we generally take personal injury cases on a contingency fee basis. This means that you will not have to pay any upfront fees. You only pay us if we successfully obtain compensation for you, ensuring that you can focus on your recovery without worrying about legal expenses.
Choosing the right dog attack lawyer is crucial. With Phillips, Erlewine, Given & Carlin LLP, you can have confidence that you are selecting a firm that will champion your rights and work tirelessly to achieve the best possible outcome for your case. Contact us today for a free consultation and let us guide you on the path to justice and recovery.
