If you live in Los Angeles, enjoying our year-round great weather might include jogging or relaxing in a nearby park with your children. But what started as a pleasant outing can quickly turn into a nightmare if you or a loved one suffer a dog bite.
California led the nation in insurance claims due to dog bites in 2021. Many of those dog bite victims suffered serious injuries that required hospitalization. If a person is bitten by a dog while lawfully on someone’s property or in a public place, California Civil Code 3342 gives them the right to sue for their injuries and subsequent medical bills.
The Los Angeles dog bite attorneys at The Dominguez Firm want you to know that we are here to help if you or someone close to you has suffered a dog attack. Below you’ll find answers to some common questions regarding dog bites as well as your rights.
In most cases, yes. Suffering a dog bite attack and being bitten by a dog is one of the most traumatic events a person can endure. What may seem like a minor bite can quickly turn serious. If the skin has been broken, which is very common, immediate medical attention is crucial. This is due to the risk of infection or rabies. In more severe attacks, major injuries can occur. These include:
Besides their injuries and medical bills, victims may be unable to work and are often psychologically traumatized. If you’ve suffered a dog bite attack, you have the right to sue the dog’s owner for your medical bills and lost wages, as well as any pain and suffering. Experienced Los Angeles dog bite lawyers can effectively evaluate your case and make sure you are justly compensated while you concentrate on your recovery.
If a loved one was killed in a dog attack, you also have the right to sue for such an untimely death. And while no amount of money can make up for your loss, the dog’s owner should be held accountable. Often, obtaining justice can help provide surviving family members with a sense of closure during such a difficult time.
Dog bite cases fall under the area of personal injury law. If the owner of the dog unleashed the dog on the victim, or if the dog attack resulted in serious injuries or death, criminal charges are also likely to be filed.
Most personal injury attorneys work on a contingency fee basis, meaning they only get paid when they recover compensation for a client. That means you don’t have to worry about any out-of-pocket expenses when you hire an experienced dog bite attorney to represent you in a Los Angeles dog bite case.
Did you or a loved one suffer a serious dog bite injury?
Call our team of experienced dog bite lawyers at 877-924-2639.
A personal injury lawyer can evaluate your dog bite claim and ensure you receive the compensation you are entitled to for your injuries. This not only includes your medical bills but any rehabilitation costs and lost wages.
In addition, experienced Los Angeles dog bite lawyers know that any damages must include the cost of long-term therapy and psychological counseling. Even what seems like a minor dog bite can cause the dog bite victim to experience flashbacks, nightmares and even symptoms of post-traumatic stress syndrome (PTSD).
The Los Angeles dog bite attorneys at The Dominguez Firm have over 30 years of experience handling dog bite cases and we know what a fair and just compensation amount should look like given the particulars of each case.
California is a strict liability dog bite law state. That means the defendant (the dog’s owner) will be found liable if their dog bites someone, even if it has never bitten anyone before. So, save for a few exceptions, you’ll probably be able to sue if a dog bites you. Those exceptions are:
In some neighboring states, dogs get a “free pass” if it’s the first time they’ve bitten someone. California doesn’t have that allowance. So, if a dog bit you, and none of the exceptions outlined above apply, you can sue for damages.
The settlement amount in a dog bite case will depend on several factors. Chief among them are:
An can be traumatizing, both physically and emotionally for dog bite victims. But some may cause very serious and permanent injuries. These can include nerve damage, amputations, severe facial scarring, and traumatic brain injuries. They can impact the victim’s quality of life and the ability to ever work again. In short, the extent of the victim’s injuries plays a major part in determining their final settlement amount.
Dog bites are one of the most horrific events a person can go through. Being attacked by a dog is the stuff of nightmares and usually leads to emotional distress. Victims may develop an intense fear of dogs, be afraid to leave their home and even suffer from PTSD. Victims from dog bite injuries that have been disfigured will most likely need years of counseling. All of this needs to be considered when deciding on a settlement amount.
If the dog bite caused a person’s pre-existing condition to worsen, then the dog owner may be liable for any medical complications that arise. A clear example would be an elderly person who suffers a heart attack while being bitten by a dog. If the elderly person suffered further health issues, the settlement amount may be quite high. This is especially true if the attack eventually leads to their death.
A court may also award punitive damages if a dog owner acted in a particularly reckless or negligent manner. Of course, setting a dog loose on someone because of a personal gripe against them would fall into the realm of criminal law as well. But it could be something more benign, like repeatedly allowing their dog to roam free in the neighborhood, unattended, leading to the dog biting someone.
In cases where a dog owner’s behavior was particularly flagrant, the courts may award damages in addition to any damages for medical expenses, lost income and pain and suffering. This is done more to punish the dog owner, make an example of them and hopefully help avoid a similar incident from occurring in the future.
California is a comparative negligence state. That means your total compensation can be reduced if the court finds that you were partially to blame for the dog biting you.
An example would be if you were invited to someone’s home and attempted to pet their dog. If the dog’s owner warned you that the dog might show aggression but you attempted to pet it anyway and it bit you, a court may find you partially responsible for the dog bite and reduce your final settlement according to the percentage of responsibility assigned to you.
Dog bite victims typically have two years from the date of the bite to sue for their injuries. Do note that once the two years have passed, the victim has no legal recourse, no matter how severe their injuries.
Dog bite victims typically have two years from the date of the bite to sue for their injuries. Do note that once the two years have passed, the victim has no legal recourse, no matter how severe their injuries.
As previously noted, California dog bite laws favor the victim over the dog owner in most cases. This is especially true if the victim was a child under the age of 5. In California, the exception for provocation doesn’t apply if the victim was 5 years of age or younger.
For a dog bite victim over the age of 5, if none of the other exceptions previously noted can be applied, then you, the victim, do not need to prove anything else except:
Do note that you must establish who owns the dog that bit you. Some owners will play a shell game to confuse or discourage dog attack victims from suing. An experienced attorney can counteract this tactic quickly and effectively.
Breaking down the statistics even more:
On rare occasions, dog attacks kill a victim. The attack and bite(s) may kill the victim immediately. In some cases, a bite can cause a victim to develop an infection or rabies and die a short time later. Those with certain pre-existing conditions, such as a compromised immune system, are most at risk.
This is one of the most horrific and senseless ways to lose a loved one. Sadly, children and to a lesser extent, the elderly are most at risk of dying due to dog attacks, but it can happen to anyone, regardless of their age.
If you lost someone close to you because of a dog owner’s negligent or reckless behavior, know that you have the rights beyond any criminal charges against the dog owner. You can also seek justice for your loss in civil court.
Looking at this question from a purely statistical point of view, your chances of being bitten are about 1 out of 69. Of those bitten, 1 in 5 will require medical attention. This is based on the Centers for Disease Control (CDC) statistics.
Contrary to the popular image of an aggressive stray, over 50% of dog bites occur in a home, by a dog known to the victim.
According to the CDC, other factors that can increase your chances of being bitten by a dog are:
The following breeds were responsible for the most attacks on humans in the U.S. between the years 2005-2020:
According to these statistics, Pit Bulls were responsible for 67% of all fatal attacks on humans during this time frame. This, even though they make up only 6.5% of dogs owned in the United States.
Insurance companies will charge homeowners of these dangerous breeds more for their policies. Often, landlords will not rent to individuals with the breeds listed above. Other breeds that also raise concerns with insurance companies and landlords are Akitas, Chows and Dobermans.
If you or someone close to you has suffered a dog attack and injuries, an experienced Los Angeles dog bite lawyer at The Dominguez Firm can help with your dog bite claim against the dog owners.
You should not have to handle medical bills, loss of income and most of all, the pain and emotional suffering that a dog bite can cause on your own. Negligent and/or reckless dog owners should be held accountable.
A dog attack is one of the most traumatizing injuries a person can go through. Some victims require extensive reconstructive plastic surgery while others suffer paralyzing mental anguish and an understandably intense fear of dogs afterward. This type of personal injury can take years to recover from.
Call the attorneys at The Dominguez Firm at 877-924-2639 today for a free consultation regarding your Los Angeles dog bite case. And if you’re worried about the cost of hiring an attorney, rest assured that you never pay anything out of pocket. Our promise to you is: if there’s no recovery, there’s no fee, so call us today!
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