DOG BITE ACCIDENTS
What are my Rights if I am Bitten by a Dog?
A dog bite case refers to a legal dispute that arises when a person is attacked and injured by a dog. These cases can result in serious injuries, such as deep lacerations, infections, and emotional trauma. The owner of the dog will be held strictly in such cases. Strict liability means that dog owners are responsible for any injuries caused by their pets regardless of whether or not the owner was negligent. This means that if a dog bites somebody, the owner is automatically liable for the damages caused by the attack. The only exceptions to this rule are if the victim was trespassing on the owner's property, tormenting or abusing the dog, or had been warned about the dog's aggressive tendencies beforehand. Failing to control a dog that has a history of aggressive behavior can result in serious legal and financial consequences for the owner. Victims of dog bites are entitled to pursue compensation for their injuries, which can include medical expenses, lost wages, and emotional distress. It is recommended to consult with an experienced personal injury lawyer to understand your legal rights and options.
Who Can I Sue for a Dog Bite Incident?
Certainly, the owner of a dog can be sued for a dog bite injury to another. California has long followed the common law rule of strict liability for harm done by a dog or other domestic animal with known vicious or dangerous propensities abnormal to its class.” Drake v. Dean (1993) 15 Cal.App.4th 915, 921. Any propensity that is likely to cause injury under the circumstances is a dangerous or vicious propensity within the meaning of the law. Talizin v. Oak Creek Riding Club (1959) 176 Cal.App.2d 429, 437. The question of whether a dog or other domestic animal is vicious or dangerous is ordinarily a factual one for the jury. Heath v. Fruzia (1942) 50 Cal.App.2d 598, 601. Strict liability is applied not for keeping a vicious animal, but keeping it with knowledge of its vicious propensities. In such instances the owner is an insurer against the acts of the animal, to one who is injured without fault, and the question of the owner’s negligence is not in the case. Hillman v. Garcia-Ruby (1955) 44 Cal.2d 625, 626. Even if strict liability does not apply, negligence may be applied on the dog owner for have having a dog whose characteristics, although not abnormal to its class, creates a foreseeable risk of harm. As to those characteristics, the owner has a duty to anticipate the harm and to exercise ordinary care to prevent the harm. Drake, supra, 15 Cal.App.4th at p. 929.
A landlord can also be held liable when a dog belonging to the landlord's tenant bites a person, if the landlord or his representatives possessed actual knowledge of the dog’s viciousness prior to the attack, and could have removed the dog before it injured the victim. Uccello v. Laudenslayer (1975) 44 Cal.App.3d 504.
How Do I Sue for a Dog Bite Accident?
Taking legal action of any kind, including suing for dog bite accident, can be complicated. There are many steps that need to be followed before a lawsuit is filed, and even more steps must be completed after. These steps include obtaining relevant Animal Service Department reports and medical records and bills, among many others. Although many of these steps can be completed without a personal injury attorney, often times people filing the forms on their own behalf may miss deadlines or omit important information that should have been included. For this reason, it is highly advisable that you consult our personal injury lawyers. Our personal injury attorneys will ensure that all of the required and advisable steps are met and will maximize your chance of winning your lawsuit.
What If I Have No Evidence?
Many people who have suffered dog bite accidents fail to take any action against those who caused it because they believe that there is no evidence of illegal actions. However, our personal injury attorneys have various ways to obtain the evidence needed for your lawsuit. For example, we can request documents (veterinary records, prior incident reports, etc.) from anyone involved, subpoena witnesses to testify, and even take the deposition of the owners of the dog or people who caused or contributed to the accident. Very often there is more evidence than you might think exists, and this evidence can help strengthen your case.
Are There Deadlines for Filing a Lawsuit?
Dog bite cases have numerous deadlines that can come up fast, so it’s important that you speak to our personal injury attorneys as soon as possible. Generally speaking, a lawsuit for a dog bite case must be filed within two (2) years after the accident. However, depending on the specific acts, people, and entities involved, there may be other deadlines as well. For example, you may need to file a Government Tort Claim within six (6) months of the incident, if a dog that bit you was owned by a public agency or employee. Because of the many and complicated deadlines involved in a dog bite case, it is important to retain a personal injury lawyer and file a lawsuit before the statute of limitations – or deadline – expires on any of your potential claims.
What Is My Case Worth?
Generally speaking, dog bite cases have three types of damages: 1) economic, or special damages; 2) non-economic, or general damages; and 3) punitive damages. The value of your case depends in large part on these factors, as well as a fourth – liability.
Economic, or special, damages include payment for past and future medical expenses, and past and future lost earnings, among other types of losses. Non-economic, or general, damages include your pain and suffering. For example, if you injure your arm and require surgery, the pain and suffering stemming from the injury, the resulting surgery, and the loss of use of that arm while you’re recuperating, may be compensable as a non-economic injury. Non-economic damages also include loss of consortium – damages that the spouse of an injured person incurs, such as loss of companionship and support. Because you must prove that you sustained these damages, it’s important to get all medical treatment and psychological care that you need.
Punitive damages, although rare, exist to create a deterrent for other companies from behaving in a similar manner. To obtain punitive damages, you must show that clear and convincing evidence that the defendant acted with oppression, fraud or malice.
The last factor is liability. Every case has good facts and bad facts. The more good facts there are in your case, the more likely it is that you will win at trial, and the more likely it is that the defendant will pay more to settle the case. How do your attorney and the defendant's attorney discover good and bad facts? Through the discovery portion of the case, described above. This means that the value of a case can change as both good and bad facts are discovered throughout, and why a good personal injury lawyer can maximize the value of your case.
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Our personal injury attorneys have over a decade of experience fighting for the injured against the largest insurance companies in the country. Our office handles all manner of personal and catastrophic injury claims throughout California, including Los Angeles, Orange, Riverside, San Bernardino, San Diego, Imperial, Ventura, Santa Barbara, and Kern counties. If you or a loved one has been injured, please contact our office for a free consultation.