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Dog bites can cause serious physical injuries, emotional trauma, and financial burdens. In California, dog owners are held strictly liable for the actions of their pets, meaning that victims of dog attacks have a right to seek compensation, regardless of whether the dog had a history of aggression. However, navigating the legal process after a dog bite incident can be complex, especially when dealing with insurance companies or uncooperative dog owners. An experienced dog bite lawyer can help you understand your rights, gather evidence, and secure the compensation you deserve for your injuries.
At Knapp Moss, we are dedicated to helping dog bite victims in California receive justice. Our team of skilled attorneys will guide you through the legal process and work diligently to hold negligent dog owners accountable.
Understanding California’s Dog Bite Law
California follows a strict liability rule when it comes to dog bites. This means that dog owners are liable for injuries caused by their dog, even if the animal has no history of aggression or the owner was not negligent. Under California Civil Code Section 3342, a dog owner is responsible if:
- The bite occurred in a public place, or
- The victim was lawfully in a private place, such as the dog owner’s property.
Unlike some other states, California does not require the victim to prove that the dog owner knew of the animal’s dangerous tendencies. This strict liability law ensures that victims can seek compensation without needing to establish the dog’s history of aggression or the owner’s negligence.
Why You Need a Dog Bite Lawyer
While California’s strict liability law offers protection for victims, dog bite claims can still be complicated. Insurance companies often try to minimize payouts, and some dog owners may dispute responsibility. A dog bite lawyer can provide valuable assistance by handling the legal aspects of your case, negotiating with insurance companies, and ensuring that you receive fair compensation for your injuries. Here’s why hiring a lawyer is essential:
- Proving Liability: Although California’s strict liability law makes it easier to establish fault, you still need to prove that the bite occurred and that the dog’s owner is responsible. A lawyer will gather evidence, such as medical records, photographs, and witness statements, to build a strong case.
- Maximizing Compensation: Victims of dog bites may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. A skilled attorney will ensure that all of your losses are accounted for and that you pursue the full compensation you deserve.
- Dealing with Insurance Companies: Insurance companies often try to minimize the amount they pay out in dog bite claims. A lawyer can handle negotiations on your behalf, ensuring that you are not pressured into accepting a low settlement offer.
- Filing a Lawsuit: If the dog owner or their insurance company refuses to offer fair compensation, your lawyer can file a personal injury lawsuit on your behalf. With experience in dog bite cases, your attorney will represent your best interests in court if necessary.
Common Injuries in Dog Bite Cases
Dog bites can cause a wide range of physical and emotional injuries, many of which require extensive medical treatment and long-term care. Some of the most common injuries resulting from dog attacks include:
- Lacerations and Puncture Wounds: Dog bites often result in deep lacerations or puncture wounds that can damage muscles, tendons, and nerves. These injuries may require stitches, surgery, or physical therapy to heal.
- Infections: Dog bites can introduce harmful bacteria into the body, leading to infections like cellulitis, rabies, or sepsis. Infections from dog bites can be life-threatening if not treated promptly.
- Scarring and Disfigurement: Severe dog bites may cause permanent scarring or disfigurement, particularly on the face, neck, or hands. Victims of dog bites may require plastic surgery or other cosmetic treatments to repair the damage.
- Nerve Damage: Dog bites can damage nerves, leading to numbness, tingling, or even paralysis in the affected area. Nerve damage can be permanent and may require ongoing medical treatment.
- Emotional Trauma: In addition to physical injuries, dog bite victims often suffer from emotional trauma, such as post-traumatic stress disorder (PTSD), anxiety, or depression. Children, in particular, may experience long-term fear or anxiety around dogs after an attack.
- Broken Bones: In severe cases, dog attacks can result in broken bones, particularly if the victim is knocked to the ground during the attack.
What to Do After a Dog Bite
If you’ve been bitten by a dog, taking the right steps immediately after the attack is crucial to protecting your health and your legal rights. Here’s what you should do:
- Seek Medical Attention: Dog bites can cause serious injuries and infections, so it’s important to seek medical treatment as soon as possible. Even if the bite seems minor, a doctor should evaluate it to determine if you need stitches, antibiotics, or a rabies shot.
- Report the Incident: In California, you should report the dog bite to your local animal control agency or health department. This ensures that there is an official record of the attack, and authorities can investigate whether the dog has a history of aggression or rabies.
- Document the Attack: If possible, take photographs of your injuries and the scene of the attack. Collect contact information from any witnesses, and make a note of any details about the dog and its owner, such as the breed of the dog, its behavior, and the owner’s contact information.
- Contact a Dog Bite Lawyer: The sooner you speak with a lawyer, the better. Your attorney can advise you on the best course of action, help you understand your legal rights, and begin gathering evidence for your case.
Compensation in Dog Bite Cases
Victims of dog bites in California may be entitled to several types of compensation, depending on the severity of their injuries and the impact on their lives. Common forms of compensation in dog bite cases include:
- Medical Expenses: This includes compensation for emergency care, surgeries, hospital stays, medications, and any ongoing medical treatment required as a result of the dog bite.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for lost income. In cases of long-term or permanent disability, you may also be entitled to compensation for future lost earning capacity.
- Pain and Suffering: Dog bites can cause significant physical pain and emotional distress. Compensation for pain and suffering is intended to account for the non-economic impact of your injuries, such as anxiety, depression, or PTSD.
- Disfigurement and Scarring: If the dog bite results in permanent scarring or disfigurement, you may be entitled to additional compensation to cover the cost of cosmetic treatments or the emotional impact of living with visible scars.
- Property Damage: If the dog damaged any of your personal property, such as clothing or belongings, during the attack, you can seek compensation for the repair or replacement of those items.
- Punitive Damages: In cases where the dog owner’s behavior was particularly reckless or intentional, punitive damages may be awarded to punish the wrongdoer and deter similar conduct in the future.
Defenses in Dog Bite Cases
While California’s strict liability law makes it easier for victims to hold dog owners accountable, there are some defenses that dog owners may raise in response to a dog bite claim. Common defenses include:
- Provocation: The dog owner may argue that the victim provoked the dog into attacking, either by teasing, hitting, or otherwise threatening the animal. If provocation can be proven, it may reduce or eliminate the owner’s liability.
- Trespassing: If the victim was trespassing on the dog owner’s property at the time of the attack, the owner may not be held liable under California’s strict liability law. However, this defense only applies if the victim was unlawfully on the property.
- Assumption of Risk: In some cases, the dog owner may argue that the victim assumed the risk of being bitten by engaging with the dog, especially if the victim was aware of the dog’s aggressive tendencies.
How a Dog Bite Lawyer Can Help
An experienced dog bite lawyer can significantly improve your chances of receiving fair compensation for your injuries. Here’s how a lawyer can assist you in your case:
- Investigating the Attack: Your lawyer will investigate the circumstances of the dog bite, gather evidence, and consult with experts to build a strong case. This includes obtaining medical records, witness statements, and any prior reports of the dog’s behavior.
- Filing a Lawsuit: If negotiations with the dog owner or their insurance company do not result in a fair settlement, your lawyer can file a personal injury lawsuit on your behalf and represent you in court.
- Proving Liability: While California’s strict liability law simplifies the process of proving fault, your lawyer will still need to establish that the bite occurred under qualifying circumstances and that the owner is responsible.
- Calculating Damages: Dog bite injuries can lead to significant financial losses, including medical expenses, lost wages, and pain and suffering. Your lawyer will ensure that your damages are accurately calculated and that you receive full compensation for your injuries.
Why Choose Knapp Moss?
At Knapp Moss, we have years of experience handling dog bite cases throughout California. Our attorneys are committed to helping victims of dog attacks recover physically, emotionally, and financially. We work on a contingency fee basis, meaning you don’t pay unless we win your case.
Conclusion
If you or a loved one has been injured in a dog attack, you need an experienced dog bite lawyer on your side. At Knapp Moss, we will fight for justice and ensure that you receive the compensation you deserve for your injuries. Contact us today for a free consultation.