Dog bites and animal attacks happen out of nowhere and often leave victims suffering from catastrophic injuries. Although dogs may have become known as “man’s best friend”, the harsh reality is that dogs are just like any other animal. They are unpredictable. That is why dog owners are expected to maintain control of their pets at all times. Any failure to uphold this responsibility could be considered negligence, and leave the dog owner open to liability for your damages and suffering.
Making the at-fault party pay can be intimidating, especially while you are still recuperating from the fallout of your injuries. Fortunately, you do not have to go it alone. When you have a premier San Clemente dog bite lawyer from Text Kevin Accident Attorneys handling your case, you can rest easier knowing we have taken some of the stress and anxiety off of your shoulders. Let our personal injury team put our years of trial experience and client advocacy to work for you and your family. Contact our law office to schedule a free consultation today and learn more about how California’s strict liability laws work, how to go about recovering the compensation you deserve, and what to expect from the claims process.
What to Do After a Dog Bite or Animal Attack in San Clemente
The steps you take following a dog bite or animal attack in San Clemente could have a profound impact on the strength of your claim against the dog’s owner or other at-fault party and the amount of compensation you recover. To build the strongest case possible, be sure to:
Get medical help – Even if your injuries seem relatively minor, it is crucial to get a medical evaluation immediately after the attack. You do not want to risk infection, worsening internal or invisible injuries, or give the at-fault party an opportunity to accuse you of exaggerating the extent of your injuries.
Document the scene – The evidence we collect could make or break your case. At the scene of the attack, take photos of your dog bite, fencing, cages, chains, and “beware of dog” signs. You should also get the names and contact information of witnesses to the attack.
Contact a dog bite attorney in San Clemente – While you recuperate, your legal advocate with Text Kevin Accident Attorneys can begin investigating and building your case against the dog’s owner or other liable party. We will be by your side to protect you from being taken advantage of and help you get the most out of your claim.
Tip When you are attacked by a dog, you can report the dog bite to Orange County Animal Care. This government agency may be able to open up an investigation of its own and get the dog declared a “vicious” dog if necessary. You should also report the incident to the San Clemente Police Department animal services unit for further investigation.
California Strict Liability Dog Bite Laws
California is a strict liability dog bite state under California Civil Code Section 3342. Dog owners are held strictly liable for the injuries their pets cause. This means dog owners will almost always be held accountable for the actions of their pets. However, other parties could share the blame as well. Anyone else who may have been in control of the animal at the time of the attack, such as a dog sitter, a friend or family member of the dog owner, or another third party, could also share culpability.
You may even have grounds for legal action against a landlord or property owner if they fail to maintain the safety of the premises or explicitly prohibit dangerous pets from the property.
Note The California dog bite statute does not apply to dogs who are working for the military or law enforcement officials. It is also worth noting that individuals such as mail carriers may not be considered trespassing when delivering mail or packages, which does not absolve the dog owner from liability.
Compensation For Dog Bite Injuries in San Clemente
Dog bite victims have the right to be made whole. When you file a personal injury lawsuit against the liable party, you have the chance to demand full compensation for every compensatory loss, including both economic and non-economic damages. Some examples of these losses include:
Disfigurement
Emotional distress
Pain and suffering
Lost wages
Anticipated time off work
Existing and future medical bills
Pro Tip Do not be afraid to pursue both insurance and civil claims. Your insurance settlement will cover a portion of your damages as described by the policyholder’s covered losses, but it is unlikely a settlement from the insurance company will be enough to meet your needs. For this reason, you should always be prepared to move forward with a lawsuit if you hope to maximize your payout.
Local Results
Detainee Received $1,045,000 Settlement for Head Injury During Police Car Accident While Being Transported in Los Angeles
Case Type
Car Accident
Location
California
Settlement
$1,045,000.00
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Its going to be tough to thank Kevin enough! His guidance, support and optimism from day one helped me get thru the arduous process of appointments and treatments required to recover from my injuries and pay the bills.
My calls were returned promptly, I always felt he “truly” cared about me, my case and the outcome. I know he fought hard and brought my case to a very successful conclusion (the Max).
“OH” and can’t forget, His support team gets 5 stars as well.
Thank you Kevin, Thank you!
Rob Peltier San Clemente, CA Accident
San Clemente Dog Bites FAQs
The burden of proof in dog bite and other personal injury claims is based on a preponderance of the evidence. Under the Civil Jury Instructions Resource Center’s Civil Plain English Comparison under BAJI 2.60, your dog bite attorney does not need to prove the dog owner’s liability beyond a reasonable doubt.
Instead, the evidence we present must be clear and convincing. It must show the jury and the judge presiding over your case that the defendant’s conduct was the likely cause of the injuries you sustained. To do this, we must demonstrate that the elements of negligence are present as follows:
Duty of care
Breach of duty
Causation
Damages
Any type of action that could cause a dog to behave aggressively could be considered provocative. If the injury victim provokes the dog into acting aggressively or viciously, the dog’s owner may not be 100% responsible for the injuries they suffer since California is a pure comparative negligence state under California Civil Code 1714. Some examples of actions that could provoke a dog into aggression or a violent attack include:
Hitting the dog
Kicking the dog
Punching the dog
Throwing objects at the dog
Pinching the dog
Stepping on the dog’s tail or limbs
Screaming at the dog
Punitive damages are not a common award in most personal injury claims. However, dog bite cases can be unique. Under California Civil Code Section 3294, punitive relief may be available if the defendant’s conduct is deemed egregious, reckless, or intentionally harmful.
Punitive damages, therefore, may be appropriate, especially if the dog was previously declared “potentially dangerous” or “vicious” by Orange County animal control. Dog owners who trained their dogs to act aggressively or force them to participate in dogfights, for example, could also be further punished via punitive damages.
The evidence presented in your dog bite case will determine whether the jury finds the defendant liable for your injuries and resulting damages. This means the evidence we present must be compelling. Some of the most powerful types of evidence that are used to prove liability and the severity of your injuries include:
Photos of your dog bite injuries
Video of the attack
Copies of your medical records
Official documents declaring the dog is vicious or potentially dangerous
Testimony from other individuals the dog has attacked
Witness statements
Testimony from responding police officers
Copies of the dog’s veterinary records
No, you should not give a statement to the insurance company after a dog bite. One of the most common ways to recover compensation after a dog bite or an animal attack is by filing a claim against the dog owner’s homeowners insurance or renters insurance policy. Unfortunately, insurance companies are not always forthcoming with settlements.
Instead of compensating you fairly for your damages, you can expect the insurance company to push back and try to settle your claim for as little as possible. To protect you from being taken advantage of and show the insurance company how seriously you are taking your claim, you should direct the insurance adjuster to your dog bite lawyer with Text Kevin Accident Attorneys if they require additional information to continue processing your claim.
A Highly Skilled Dog Bite Lawyer in San Clemente Can Help!
Although a dog that has been trained well may be less likely to bite or attack, since they are animals and act on instinct, there is always a chance that a dog could turn vicious or aggressive. Dog owners should be aware of this and ensure they have control over their pets at all times. If the owner of the dog that bit you failed to do so, they should be ordered to cover the full value of your losses. Whether you are dealing with extreme emotional trauma, infected bite wounds, or other debilitating injuries related to your accident, you should not be stuck covering the costs.
You have an opportunity to bring the dog owner or other at-fault parties to justice when you get a dedicated San Clemente dog bite lawyer from Text Kevin Accident Attorneys to take on your personal injury claim. Our firm proudly offers 100% free consultations to dog bite victims and accident survivors throughout San Clemente, nearby Irvine, and surrounding communities. Claim yours as soon as today by calling our office or completing our confidential contact form.
San Clemente FAQs
Here are some of the closest hospitals and medical centers where you can get your dog bite injury treated near San Clemente:
Several dog bite laws in Orange County could have an impact on the outcome of your civil lawsuit and insurance claims. These include:
OCCO 4-1-45 – This is the dog restraint statute that requires dog owners and anyone in control of a dog to keep the dog leashed anytime the dog is off their property. The dog leash can be no more than 6 feet in length.
OCCO 4-1-23 – This is the statute that defines the guidelines for declaring a dog “vicious” or “potentially dangerous”. A dog may be considered “potentially dangerous” if they have engaged in any type of action that required someone else to defend themselves at least two times within the last 36 months, has caused any type of minor injury, or has seriously injured, killed, or attacked livestock, horses, or other domestic animals. A dog may be declared “vicious” if it causes severe bodily injury or death to a human being or violates their conditions after already being designated a “potentially dangerous dog”.
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Kevin received both his bachelor’s degree and law degree from the University of California, Irvine. He is the managing partner of Text Kevin Accident Attorneys and is recognized as a standout in plaintiffs’ litigation for personal injury law by Best Lawyers, the oldest and most respected legal peer-review publisher. Kevin has written for several law magazines and is an award-winning car accident lawyer in California.
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I'm Kevin Crockett, your Irvine based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Orange County.
I'm Kevin Crockett, your Anaheim based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Orange County.
I'm Kevin Crockett, your Santa Ana based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Orange County.
I'm Kevin Crockett, your Moreno Valley based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in the Inland Empire.
I'm Kevin Crockett, your Norwalk based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in Los Angeles County.
I'm Kevin Crockett, your Indio based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in the Coachella Valley.
I'm Kevin Crockett, your Palm Springs based personal injury lawyer at Text Kevin Accident Attorneys. Specializing in various accidents, we secure victories for our clients with a proven track record. You only pay when we win. Serving Spanish speakers, we offer free 24/7 consultations for reliable legal support in the Coachella Valley.
Kevin received both his bachelor’s degree and law degree from the University of California, Irvine. He is the managing partner of Text Kevin Accident Attorneys and is recognized as a standout in plaintiffs’ litigation for personal injury law by Best Lawyers, the oldest and most respected legal peer-review publisher. Kevin has written for several law magazines and is an award-winning car accident lawyer in California.
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