California dog bite laws impose “strict liability” on all canine owners. Whether you have suffered injuries after a bite, knockdown, or a more aggressive type of attack, the pet parent is liable for the accident. You deserve compensation, irrespective of the breed of the dog and whether it has previously shown signs of aggression. A skilled attorney can help you familiarize yourself with the dog laws in the state, how to prove liability, and the exemptions that apply.

When it comes to dog bites, even minor injury warrants compensation. The events that lead to the attack are psychologically traumatic and often attract progressive negative consequences. For instance, it is common for victims, especially kids, to suffer from PTSD (post-traumatic stress disorder) following an incident. The ideal time to sue is after seeking treatment to properly evaluate damages resulting from an incident and before the statute of limitations expires.

Can I Initiate a Dog Bite Lawsuit? — Everything You Need To Know

Under California Civil Code Section 3342, a dog owner bears liability for damages suffered if the dog bites someone from a public location or while lawfully present in a private area such as a home. A dog owner is liable for these damages, irrespective of the past viciousness of the canine towards people.

The abovementioned civil code categorically applies to victims of dog bites. It gives pet parents a duty of care and tasks them with preventing the canines from inflicting injuries to other people. For a dog bite lawsuit to be successful, you must prove the following elements:

  • Breach of Duty — The dog owner (defendant) breached the duty of care (was negligent) and failed to take reasonable steps to prevent the canine from attacking

  • Cause — Because the defendant breached their duty of care (failure to leash the dog, cage it, or maintain secure fencing), the victim sustained injuries/trauma

  • Damages — The victim suffered injuries supported with documents like medical bills and records

To prove liability, you must establish that an accident happened because of the dog owner’s negligence. Other aspects the court will consider before awarding compensation include:

Provocation

You cannot sue for damages following an incident that unfolded after you provoked the dog. For instance, you cannot receive a dime in compensation if you find your friend’s dog sleeping and pull its tail to “see what happens.” In this scenario, the “cause” of injuries is a provocation and not necessarily a pet owner’s negligence.

Note that the provocation exemption does not apply to victims under the age of 5. The law favors them, and you can pursue full compensation for your child, irrespective of what they did that caused a dog bite incident.

Location

Also, where an incident takes place matters. A dog owner is automatically liable for accidents that happen in public places. However, you do not have a case if you trespassed into private property or accessed the property without permission or notice.

Consent

Accessing private property with the owner’s consent means you are not trespassing. A property owner consents to have a mailman make mail deliveries by having a mailbox. In the same accord, a man delivering pizza after you place an order or a contractor you hire to clean your pavements has your consent to be within your private property.

You can sue a canine owner after a dog bite if you were not trespassing on their private property. Having consent or permission to access the property makes you a victim qualified to pursue compensation.

Conflict

The court will also consider whether a dog was playing its role as a guardian at the time of an incident. For instance, you do not have grounds to file a personal injury lawsuit if a dog attacked you after you attacked its owner. Again, the cause of injury in this situation is your attempt to assault the dog owner or another person. The canine only attacked you in defense.

Dog Bite Laws Exceptions

The canine laws do not apply in the following situations:

  • The victim provoked the canine

  • The victim was trespassing

  • The canine is part of the military or law enforcement and assists a handler in the same capacity.

If any of the above conditions are established, a pet owner is not liable for damages suffered.

Compensation To Expect From A Dog Bite Case

Being attacked and bitten by a dog is arguably the most traumatic event an average person can endure in a lifetime. Even a minor bite can cause devastating psychological and physical injuries. Remember that as long as a bite breaks your skin, you are at risk of rabies or other related infections.

Some of the common injuries a victim can suffer following a dog bite include:

  • Torn ligaments

  • Nerve damage

  • Eye injuries

  • Amputation

  • Eye injuries

  • Death

  • Death

It remains imperative to enlist a skilled lawyer as soon as possible following a dog bite incident. Dog owners understand the liability of being a pet parent and are likely to hire a lawyer to defend them. Without a strong team in your corner, you will likely have reduced chances of receiving any compensation.

Dog bite injuries cause significant pain and suffering, not to mention that losing several days of work as you nurse injuries will result in lost wages. An experienced dog bite attorney can place a price tag on the damages suffered by considering the following aspects:

The Gravity of an Incident

Even in dog bite cases, some incidents have more gravity than others and could even attract a criminal lawsuit. For instance, some suits have aggravating factors where the court could consider awarding punitive damages. It could be that the dog owner acted particularly reckless or negligent, putting the victim and other people at foreseeable risk.

For instance, it is reckless for a dog owner who knows about their pet’s aggressiveness to fail to leash it in a public park. It is equally irresponsible and a crime to set a dog loose on a victim over a grudge. Even something as “normal” but negligent as letting the dog loose on repeated occasions to tour the neighborhood unattended can be considered an aggravating factor. The court awards punitive damages to punish the defendant and hopefully dissuade the public from engaging in similar levels of laxity.

Generally, any dog bite incident bears gravity. Even a minor injury is actionable and can hold up in court as long as your attorney can prove a breach of care, cause, and damages. It pays to understand that legal procedures depend on evidence, meaning that you cannot receive any compensation if you fail to gather evidence such as medical records. This is no matter the gravity of an incident, the severity of your injuries, or the level of negligence portrayed by the at-fault party.

The Severity of a Victim’s Injuries

Depending on the nature of an attack, a victim could suffer life-changing injuries like severe facial scarring, amputation, or nerve damage. Apart from the apparent physical injuries, an event can also cause traumatic brain injuries that trigger anxiety and depression. Severe injuries quickly rob a victim of their quality of life and can even impact their ability to work.

That said, your attorney will always consider the extent of your injuries before determining the befitting settlement for damages suffered. Often, victims of minor and severe injuries require the usual medical treatments coupled with years of counseling. Therapy sessions help them come to terms with the traumatic event they endured.

A Victims Pre-Existing Conditions Aggravated By an Incident

Another factor that can influence how much money you receive in compensation is whether an incident threw your well-being from bad to worse. For instance, if a dog bites an older person with a heart problem who suffers a stroke while being bitten, the dog owner is also liable for medical expenses allied with the stroke. The compensation amount can increase even further if the victim dies.

A Victim’s Level of Fault in an Incident

Sometimes, a victim is partially to blame for a dog bite. For example, a pet owner invites you to their home, and you attempt to carry their cute, little dog that instinctively bites your wrist. You will have a feeble case, especially if you received an adequate warning. Touching the pet after a warning makes you partially responsible for the dog bite.

California adheres to a comparative negligence system, meaning that the defendant in a civil lawsuit will only bear liability for their percentage of fault in an incident. For example, you will only receive 80% compensation if you bear 20% of the responsibility in a dog bite incident.

Proving liability and justifying the amount of compensation you demand can be tricky. A competent attorney will use a systematic approach when gathering evidence to prove a dog owner’s negligence and secure the highest possible settlement.

Types of Compensation Awarded When You Sue After A Dog Bite

You can increase your chances of securing maximum compensation by ensuring you enlist a skilled and experienced personal injury attorney. You need an expert dedicated to your case from start to finish. The professional should conduct exhaustive investigations to gather the necessary evidence, negotiate on your behalf and push a matter to court if negotiations fail.

Dog bite victims can increase their chances of building a winning case right from day one. Here are a few simple steps you should take to strengthen your dog bite lawsuit:

  • Seek medical attention

  • Notify the dog owner

  • Take photos of the injuries sustained

  • Record the correspondence between you and the dog owner

  • Seek the expertise of a personal injury lawyer

Below is a list of damages you can recover from a successful dog bite lawsuit:

Medical Expenses

Seeking treatment for injuries inflicted by a dog is expensive. This is irrespective of whether you need a few shots and stitches or your injuries require extensive surgery. Some of the most costly procedures involve tendon and ligament repairs or reconstructing a severely damaged body part. Moreover, a victim could incur enormous medical expenses when seeking treatment for amputation, broken bones, muscle and nerve damage, or rabies.

When considering medical expenses, you should note that some of the damaging effects of a dog bite tend to manifest later. It is best to have your damages closely monitored by a reliable practitioner who can provide a detailed account of your injuries and the potential future medical expenses.

Financial Losses

Injuries sustained from a dog bite can hinder you from going to work. Some injuries, such as a wound on your arm, can even limit your future job opportunities. You need an attorney that can help paint a clear picture of how the sustained injuries harm your current and future earning potential.

Pain and Suffering

Not all the injuries suffered following a dog bite are physical. Some are psychological and can linger for years to come. PTSD in specific can affect a victim’s social and professional life, especially if they do not receive the much-needed psychological therapy. The condition is characterized by deep-seated anxiety that hinders patients from interacting with others. Eventually, patients suffer from depression, insomnia, and other related mental health conditions.

A settlement for pain and suffering covers all the sleepless nights a dog bite victim must endure while recuperating. It should also compensate you for the diminished quality of life expected when recovering from a traumatic experience.

Wrongful Death

Unfortunately, extreme cases can cause severe injuries that result in the death of a victim. A victim’s family is therefore eligible for wrongful death compensation. Even though money is not enough to fill the void left by your loved one, it will provide some cushioning as you come to terms with the harsh reality.

Punitive Damages

As aforementioned, the gravity of an incident can make the court opt to award punitive damages. Note that you need a competent lawyer who can help prove gross negligence or other aggravating factors that make you eligible for punitive damages. You must also understand that this financial award is not a settlement for any injuries you have suffered. It is solely meant to punish a defendant further.

Dog Bite Statute of Limitations

Dog bite injury claims fall under personal injury lawsuits. Hence, they are subject to California’s two-year statute of limitations. The clock starts ticking from the date of an incident and gives victims adequate time to find a dog’s owner, which is necessary for filing a lawsuit. Even though you have two years to file a claim, it is always better to kick start the process as soon as possible.

The statute of limitations does not apply to minors. The law exempts them from the regulation and allows them to delay or toll the case until they turn 18 years. The clock begins ticking once they blow their 18th candle, and they have until their 20th birthday to sue.

So, what happens if the statute expires?

Unfortunately, the statute of limitations is an absolute rule. This means you cannot sue a dog owner if time runs out, and a judge will have no choice but to dismiss your claim. Once the defendant files a motion arguing the statute of limitations has expired, the judge must dismiss the case even if you have a strong suit.

The best time to file a lawsuit is after seeking treatment for dog bite injuries. Your attorney will likely request you to wait for a few months, especially if your injuries require ongoing treatment or a lengthy recovery period. This allows the expert to gather crucial evidence of damages suffered as it appears, ensuring you ultimately have the strongest possible case. When the losses are still unclear because you are still recuperating, the dog owner’s defense team can challenge the damages suffered.

As long as the statute of limitations is yet to expire, your case will still hold up in court. An experienced lawyer will only need a few days or weeks to put together a strong lawsuit and file. It is always better to ensure your attorney has adequate time to tick out all the essential details before filing. Rushing to a specialist last minute can harm your chances of receiving maximum compensation.

Find A Personal Injury Attorney Near Me

If a dog bite in California leaves you nursing physical and psychological injuries, you have a right to pursue a dog bite lawsuit. This is irrespective of whether you sustain severe or minor injuries. Suing allows you to recover losses allied with medical expenses, lost wages, lost earning capacity, psychological trauma, pain and suffering, and more. At The Personal Injury Attorney Law Firm, we will help you pursue compensation and give you the best shot at receiving every dollar you deserve. Our extensive experience in defending dog bite victims puts us in a position to provide an unrivaled quality of legal counsel and representation. Contact us at 619-625-8707 for a free, no-obligation consultation, and let us discuss the details of your case in-depth.