A dog bite can leave you with physical and emotional scars, mounting medical bills, and lost wages. But a legal claim can help you recover what you’ve lost. Dog bite incidents may be on the rise in Huntington Beach, leaving victims with physical and emotional scars.
Below, we discuss more of your rights under California’s strict liability laws. Don’t let a dog bite ruin your Huntington Beach experience. A dog bite lawyer at Text Kevin Accident Attorneys is here to help you, ensuring you receive the compensation and justice you deserve. Keep reading to learn more about your legal rights as a dog bite victim and how to protect yourself and your family legally from future incidents.
Huntington Beach California Strict Liability Dog Bite Laws
Under California law ( Civil Code section 3342), the owner is strictly liable for your injuries if their dog bites you. The owner is responsible regardless of whether the bite occurred in a public place (like a park or sidewalk) or on private property (including the dog owner’s home), as long as you were lawfully present. Moreover, it doesn’t matter if the dog had never bitten anyone or if the owner was unaware of aggressive tendencies.
Unlike some other states, California has no “one-bite” rule. But there are specific exceptions for police and military dogs. If a working police or military dog bites you, the handler (police officer or military personnel) is only liable if:
- You did not provoke the dog.
- The dog was assisting its handler in one of the following activities:
- Apprehending a criminal suspect with probable cause.
- Investigating a crime.
- Executing a warrant.
- Defending a police officer or another person.
- The police or military organization has a written policy on using dogs in these situations.
Consult our personal injury attorney. We can help you understand your rights and options for seeking compensation for your injuries, medical expenses, and other damages.
California law strongly protects victims of dog bites. Assert your rights and seek the compensation you deserve.
What to do if a dog has bitten you:
- Your health and safety are the top priorities. Seek medical attention.
- Gather information, including the dog owner’s name and contact information, and if possible, note the dog’s license number (if any).
- Report the incident to your local animal control agency.
- Consult an experienced dog bite lawyer who can help you understand your rights, gather evidence, and build a solid case to seek justice and compensation.
Common Dog Bite Injuries in California
Dog bites can cause severe and lasting damage. Common injuries include:
- Fractures
- Ligament tears
- Lacerations (deep cuts)
- Puncture wounds
- Nerve damage
- Infections
- Scarring and disfigurement
- Psychological trauma
- Slip fall accident
Remember, injuries sustained while fleeing or defending yourself from a dog attack are also covered under California law. An experienced attorney can help you understand your rights and pursue legal action against the responsible party.
Does California’s Dog Bite Law Protect Trespassers?
If you were trespassing when the dog bit you, the law won’t be as readily on your side. Unlike other dog bite victims, you can’t rely on California’s strict liability law, which automatically holds dog owners responsible. Instead, to get compensation for your injuries, you’ll need to prove two things:
- The dog owner was negligent
- That negligence caused your injury
It’s a more challenging road, but it’s not impossible. Our skilled and reputable attorney can help you gather evidence, build your case, and fight for the compensation you deserve. Don’t let the fact that you were trespassing deter you from seeking justice. Even trespassers have rights, and negligent dog owners should be held accountable for their actions.
How Do I Report My Huntington Beach Dog Bite Injury?
Reporting a dog bite is crucial not only for your well-being but also for the safety of the community. By reporting the incident, you help authorities track dog bite incidents, identify potentially dangerous dogs, and take steps to prevent future bites. Here’s how your dog bite report is typically investigated.
An animal control officer will try to verify your report within 24 hours. They will further seek to confirm the details of the incident, such as the location, date, time, and the nature of your injuries. The officer may visit the bite scene to gather evidence, photograph, and interview witnesses. They may also attempt to identify and locate the dog and its owner.
The animal control officer will likely interview the dog owner to get their perspective on the incident. They’ll inquire about the dog’s vaccination history, prior incidents, and the circumstances leading to the dog bite.
What If the Dog Has Rabies?
If the dog’s rabies vaccination status is unknown or not up-to-date, the dog may be quarantined to observe for signs of rabies. This is a standard precautionary measure to protect public health.
The animal control officer will determine whether the dog owner is liable for the bite based on the evidence gathered and the applicable laws.
This could involve citing the owner for violating local ordinances or recommending further action.
The outcome of the investigation can vary depending on the specifics of the case and local regulations. Some possible outcomes include the dog owner receiving a warning and taking specific actions, such as keeping the dog restrained or muzzled in public.
They may also receive a citation for violating animal control laws, which could result in fines or other penalties. In severe cases, the dog may be declared dangerous, and the owner should take additional safety measures, such as increased liability insurance or specific enclosures.
If I Work With Dogs, What Happens to My Dog Bite Claim?
The Veterinarian’s Rule shifts the owner’s responsibility for a dog bite to the professional who works with dogs. These professionals, including veterinarians, groomers, or trainers, inherently accept the risk of being bitten as part of their profession. It is similar to the “fireman’s rule,” which acknowledges that firefighters assume the inherent risks of their job.
However, there are two key exceptions to this rule if the dog’s owner or handler:
- Knew or should have known that the dog was potentially dangerous.
- Failed to inform the worker about the dog’s aggressive tendencies.
Here is an example of how the Veterinarian’s Rule would likely come into play:
If a professional dog walker is bitten while on the job and decides to sue the dog’s owner, the court would consider whether the owner knew the dog was dangerous and failed to warn the dog walker. If these exceptions don’t apply, the dog walker might be held responsible for their injury.
What is California’s Comparative Fault Rule?
California law recognizes that dog bite incidents aren’t always black and white. Sometimes, the victim’s actions can contribute to the incident, even unintentionally. This is where we apply the “comparative fault.”
Comparative fault means that the dog owner and the victim can share responsibility for the injuries caused by a dog bite. In these cases, a jury determines each party’s fault percentage. The victim’s compensation is then reduced based on their share of the blame.
How Does It Work?
Let’s say a victim is awarded $10,000 in damages. However, the jury finds the victim 20% at fault for provoking the dog. In this scenario, the victim’s compensation would be reduced by 20%, resulting in a final award of $8,000.
What Actions Can Contribute to Victim Fault in Dog Bite Injuries?
It’s important to note that even minor actions can contribute to the victim’s fault. Simply petting a dog without permission or startling it could sometimes be considered a provocation. Here are some actions that might be regarded as contributing factors to your injuries:
- Teasing, taunting, or otherwise provoking aggressive behavior.
- Poking, prodding, or repeatedly interfering with the dog’s space.
- Making threatening gestures, sudden movements, or loud noises.
- Kicking, hitting, or otherwise physically assaulting the dog.
- Causing pain or discomfort to the dog, whether intentional or unintentional.
How a Lawyer Can Help You Make a Dog Bite Claim
A dog bite can leave you with physical and emotional scars, mounting medical bills, and lost wages. Don’t suffer in silence – a legal claim can help you recover what you’ve lost and hold the negligent dog owner accountable. Here’s how Text Kevin Accident Attorneys can guide you through the process:
- Comprehensive Evaluation: Our reputable team will carefully assess your case, considering the severity of your injuries, the circumstances of the bite, and the applicable laws in California. We will determine if you have a valid claim and the potential compensation you could receive.
- Gathering Evidence: Building a solid case requires evidence. We will collect medical records, witness statements, photos of your injuries, and other relevant documentation to support your claim.
- Negotiating with Insurance Companies: Dealing with insurance companies can be frustrating. Our attorneys will handle all communication and negotiation on your behalf, ensuring you receive a fair settlement offer that covers your damages.
- If a fair settlement cannot be reached, Text Kevin Accident Attorneys will take your case to court and fight for your rights. They have the experience and expertise to navigate the complexities of the legal system and achieve a favorable outcome.
How Much Money Can I Get From A Dog Bite In Huntington Beach, CA?
Several factors determine the settlement amount, and the major one is the severity of the injuries. The more severe the injuries, the higher the settlement amount is likely. This includes medical expenses for immediate treatment and potential long-term care, like surgeries, medications, and physical therapy.
If the injury caused the victim to miss work, the settlement should cover lost income and any potential future impact on their earning ability. Pain and suffering are other non-economic damages that refer to physical pain, emotional distress, and diminished quality of life resulting from the injury.
Where property was damaged during the incident, the settlement could include reimbursement for repairs or replacement. Other expenses can include travel costs to medical appointments, home modifications to accommodate an injury, or any other expenses related to the dog bite.
It is wise to only communicate directly with insurance companies with the guidance of a personal injury lawyer. Because insurance companies prioritize their bottom line, they aim to settle your claim quickly and for the lowest amount possible. Adjusters are skilled at obtaining information that could weaken your case.
What are Key Evidence for a Strong Dog Bite Case
Building a strong dog bite claim relies on gathering and preserving compelling evidence. While the specific evidence needed varies depending on your situation, here’s what is important:
- Medical records
- Eyewitness accounts
- Photos and videos
- Police report
- Expert opinions
- Employment records
- Insurance policies
Is Suing After a Dog Bite Worth It?
Deciding whether to sue after a dog bite depends on your unique circumstances, but here is what you need to consider:
- Severity of injuries: Minor injuries needing minimal treatment might not warrant a lawsuit, but severe injuries with high medical costs and long-term impact likely do.
- Impact on your life: If the bite caused significant pain, emotional distress, or diminished quality of life, suing for compensation could be justified.
- Liability: If the dog owner or another party was responsible, you have a stronger case for a lawsuit.
- Insurance coverage: If the owner has insurance, a settlement might be possible without going to court, saving time and money.
- Legal fees and costs: Lawsuits involve legal and court costs. Weigh these against the potential compensation to determine if suing is financially worthwhile.
You Have Legal Rights, Consult an Experienced Dog Bite Attorney
Our knowledgeable personal injury attorneys specializing in dog bite cases can provide advice tailored to your situation, handle communication with insurance companies, and advocate for the full compensation you deserve.
We can help establish the severity and lasting impact of your injuries, verify the ownership and identity of the dog involved, and prove negligence by the dog owner or the handler. With our knowledge and experience, the Text Kevin Accident Attorney’s legal team can build a compelling case to secure the compensation you need. Contact us today.
