Dog Bite Attorney

Dog Bites

In the event that you have been bitten by a dog, I can help you recover damages for medical bills, lost wages, pain and suffering, and psychological trauma.

Owners of dogs that bite are strictly liable under California dog bite laws. A civil lawsuit can be filed against the owner of a dog that attacks another person.

There are certain states in the United States where it is legal to eat one bite at a time. Dog owners are only held liable under the "One Bite Rule" if their dog has bitten in the past or displayed violent behavior.

Damages For Recovery

The home insurance company for the wrongdoer is responsible for paying fair compensation to victims of dog bites in California.

Compensatory damages for dog bite cases include: Medical expenses for all medical treatments; Cosmetic surgeries; physical or vocational therapy; psychological counseling and therapy for emotional trauma, emotional distress, depression, ptsd (post-traumatic stress disorder) and cynophobia (fear of dogs) triggered by the attack; lost wages; lost earning capacity; pain and suffering; scarring or disfigurement; broken bones or fractures; or the loss of the use of a limb.

An attack by a dog that caused a fatality in the state of California can be recovered as wrongful death damages by the family or guardian.

According to the Dunbar Bite Scale there are six levels of the severity of dog bites: aggressive but without skin contact; teeth make contact without skin breakage; one bite with shallow wounds; one bite with deep wounds; multiple bites with deep wounds; death of the victim and/or flesh was consumed.

Dog bite cases are entitled to fair compensation despite the various levels of dog bites.

Dog Bites My Dog

In California, dogs are considered to be the owners' personal property. As a result, when someone's dog is "damaged," the owner is entitled to receive compensation.

In some cases, plaintiffs may be entitled to fair compensation for veterinarian bills related to the repair and treatment of their property (their dogs). What is most often at issue is the reasonable award of costs.

If the other dog owner has been charged with animal cruelty, compensation is available to the dog owner. In many cases, damages for property damage are limited to the repairs and replacement of the damaged property.

In California, punitive damages can only be recovered if the owner acted with "malice" such as intentionally ordering a dog to attack in order to harm or kill the animal.

Euthanasia Protocols

Dogs that bite people are not automatically euthanized. Euthanasia may occur, however, if: the animal has bitten a person on at least two separate occasions or the animal was trained to be combative or kill someone.

It is possible to take dogs away from their owners and euthanize them after a hearing. Any individual with concerns about a dog who has bitten somebody can initiate the euthanasia process.

One Bite Rule

Unlike other states, California law holds dog owners liable for any attacks caused by their dogs. Plaintiffs are not required to prove the dog was dangerous or that the owner was negligent or that it had a history of biting.

Owners of dogs that have bitten in the past are liable for their actions. An owner, for example, must take all reasonable measures to prevent future dog bites.

Homeowners Insurance Coverage

Dog bite injuries are covered by renters' and homeowners' insurance policies. Insurance coverage for bodily injury typically ranges from $100,000 to $300,000.

Canine bite claims are the most common liability claims filed on homeowners and renters insurance policies, according to the Insurance Information Institute. Certain breeds of animals, however, are not covered by all companies' liability coverage.

Insurers often restrict the protection of the following breeds: Pitbulls, Staffordshire Terriers, Dobermans, German Shepherds, Chows, Akitas, Alaskan Malamutes, Rottweilers, Siberian Huskies, or Wolf Hybrids.

Quarantine Protocols

California requires that animals who bite someone be quarantined for ten (10) days. A rabies test is conducted during this quarantine to ensure the dog is not infected. In most cases, the animal can be kept on its owner's premises during the quarantine period. Animals must be housed in an Animal Care Center to be supervised. If the animal proves healthy, it will be returned to the owner's care.

Dog Bite Statute

To sue in California, you have two years from the date of the bite or attack to submit a claim or lawsuit. The two-year deadline begins running on the date of the bite or attack. The bite victim who fails to bring a lawsuit within this two-year period is not eligible for compensation.

Statute of Limitations

If you are injured by a dog but not bitten, you will usually have to show that its owner was negligent. A plaintiff must prove the owner did not take reasonable steps to prevent harm to others.

Trespassers Liability

A trespasser can hold a dog owner liable for a dog bite injury, but only by proving that the owner was somehow negligent. Trespassers cannot use California’s 2 year dog bite statute. A trespasser has to show that the dog owner’s negligence contributed to their legal damages from the dog bite.

Trespassers can technically hold dog owners liable for dog bite injuries. California Civil Code 3342 is the state’s dog bite statute. It holds dog owners strictly liable for dog bites that happen either: on public property, or where the dog bite victim had a lawful right to be.

A trespasser can only get compensation if the owner acted negligently. Dog owners, or anyone else responsible for the trespasser's injuries, can be held liable if they were negligent.

Veterinarian’s Rule

The "Veterinarian's Rule" is a type of "assumption of risk" often cited in dog bite cases. Anyone who works with dogs assumes the risk of being bitten by a dog unless: owners or handlers of the dog should have been aware that the dog was or might be dangerous, and a worker was not informed of the dog's tendency for dangerous behavior by the owner or handler.

A veterinarian's rule allows the person working with dogs to be held liable for the bite of a dog. As an example, a professional dog walker who gets bitten would most likely be affected by the rule since he or she assumes the risk of getting bitten as part of their duties.

Dog Walker’s Lawsuit

In California, a professional dog walker may have difficulty winning a dog bite case. When a dog bites someone in California, it is considered a "strict liability" situation. It doesn't matter whether the owner didn't do anything wrong and the animal had never bitten before.

Professionals who deal with animals are subject to the "Veterinarian's Rule". According to the Veterinarian's rule, anyone working with dogs professionally assumes the risk of the animal biting them.

Among other professionals, the "Veterinarian's Rule" applies to: vet techs, groomers, professional walkers, kennel workers, animal control workers, or dog sitters.

Technically, the Veterinarian’s Rule applies only to people who work with dogs professionally. The rule does not apply to friends, family members, or acquaintances.