Bakersfield Dog Bite Lawyer

Taking legal action can seem complicated. The endless paperwork, financial uncertainty, and dealing with insurance companies can make the legal process feel like a nightmare. But it doesn’t have to be.

At Won And Done, we manage your dog bite injury claim with precise legal action to get your case won and done quickly and efficiently. We push your case forward so you can get legal representation, get paid, and get back to your life. Get your case Won And Done by contacting us today for a free, no-obligation consultation.

How Won And Done Helps Dog Bite Victims in Bakersfield

At Won And Done, we understand the financial damages and mental trauma you’re most likely experiencing after suffering a dog bite in Bakersfield. That’s why we offer the Bakersfield community immediate medical resources, legal representation, and a path toward recovering financial compensation for their current and future damages, which have resulted from the dog bite incident.

We’ll manage your claim, get you back to work, and get you the financial security you need by filing a lawsuit on your behalf to recover the costs of the following damages:

• Economic damages: Financial damages you incurred due to the accident.
  • Medical bills
  • Lost Wages
  • Loss of future potential earnings
  • Loss of property
  • Cost of property repair or replacement
• Non-economic damages: These are subjective, non-compensatory damages.
  • Pain and suffering
  • Emotional distress
  • Depression
  • Anxiety
  • Loss of consortium
• Punitive damages: These are damages awarded to serve as punishment to the at-fault party.
  • Reckless behavior (knowingly allowing a dangerous dog to attack others)
  • Actions performed out of spite

Bakersfield Dog Bite Liability Law

California Civil Code Section 3342(a) states that the owner of any dog is liable for damages caused by a dog bite. Even if the dog has not shown any aggressive behavior in the past, the owner is still liable.

California is a strict liability state, so it does not matter whether the dog owner was careless or not; they are still liable if their dog bites another person. The law also states the owner is liable if the victim is bitten on public or lawfully private property.

Basically, if someone else’s dog bites you, the dog owner is most likely going to be financially responsible for your dog bite injuries. This is true regardless of whether the dog owner was acting careless or not. However, there are exceptions to this rule. If you were provoking or harassing the dog in any way, then your financial recovery will be reduced by your percentage of fault. Fault does not keep you from receiving compensation if you are injured in a dog bite incident, as stated in Comparative Negligence Law.

Comparative Negligence in Bakersfield Dog Bite Incidents

If you’re bitten by a dog in California, the state’s Comparative Negligence Law allows for your compensation to be reduced by a certain percentage at which you are found at fault. For example, your compensation can be reduced if you are found liable for any of the following:

• Provocation: if the dog bite victim provoked the dog or engaged in aggressive behavior
• Trespassing: if the victim was bitten due to unlawful trespassing on the property
• Assumption of risk: if you’re aware of the risk of interacting with a dangerous dog
• Contributory negligence: you acted in a careless manner, which resulted in the dog bite
• Lack of causation: the owner’s actions did not cause the bite to occur

If you are partially at fault for any of the above reasons, then a jury or judge will assign you a percentage of fault to both you and the dog owner, reducing your compensation accordingly. For example, if you’re found 30% at fault, and you’re awarded $100k, then you’re reward will be reduced by 30%. This will leave you with $70k in compensation. So, even if you are partially to blame for your dog bite injury, you should not be dissuaded from seeking legal representation through Won And Done.

Premise Liability in Bakersfield Dog Bite Cases

When a dog bite occurs on someone’s property, the property owner could be sued for premises liability, depending on the circumstances. In this section, we’ll cover scenarios where a property owner could be found liable for a premises liability if their dog bites someone.

California law states that property owners have a duty of care to maintain a safe environment for visitors. This includes taking the necessary steps to prevent foreseeable harm. This can extend to dog bites, where a property owner might be held liable for the following scenarios:

• Knowledge of a dangerous dog: if the property owner knew their dog was dangerous and failed to warn visitors, they could be held responsible.
• Failure to enforce lease agreement: If a landlord allows a tenant to keep a dog, even though it violates the lease agreement, and the dog injures someone, the landlord could be held responsible.
• Careless security: If a property owner does not secure a dog or post warning signs, and the dog attacks someone, they can be held liable.
• Failure to remove a known threat: If a landlord received complaints about a dangerous dog and failed to act, they could be held responsible.

Bakersfield Dog Bite Statute of Limitations

A dog bite case falls under personal injury law. So, much like all personal injury cases, the victim of a dog bite has two years from the date of the incident to file a personal injury claim. The tow year statute of limitation is covered in California Civil Code 335.1, which states:

“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”

Failing to take legal action within 24 months of a dog bite incident will forfeit your right to sure for compensation under this law. Legal action in a personal injury case like this would mean filing a lawsuit against the responsible party with the Kern County Courts. You can file a claim yourself here, however, it is recommended to consult with an attorney at Won And Done to be sure you have proper legal standing before suing another party. We make sure you meet all your deadlines and protect your long-term financial and legal interests.

Exceptions to the Statute of Limitations for Dog Bites in Bakersfield

In most cases, the statute of limitations for dog bite accidents begins on the date the injury took place. However, the start time can vary based on the following facts:

• Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
• Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
• The victim was a minor: if the victim was a minor at the time of the attack, the statute of limitations will be withheld until the minor turns 18. Once the dog bite victim is 18, the two-year statute of limitations will start.

How to Report a Bakersfield Dog Bite Incident

If you have suffered a dog bite, the first thing you should do is call 9-1-1 if your injuries are severe or if you fear the dog is a threat to other people’s safety. There is a standard procedure when police receive a call about a vicious dog, and they will send the Bakersfield Police, typically accompanied by a medical unit.

If your dog bite is not severe and the dog has been restrained, then you should contact Kern County Animal Services to file an official report about the incident. Reporting the incident will provide evidence in your case if you decide to take legal action. It will also give animal control a chance to evaluate the dog and see if they poses further risks to others.

Why Do Dogs Bite?

Every year in the United States, 800,000 dog bites result in severe injuries that require medical attention every year, according to the Texas Department of State Health. This statistic is mainly due to the fact that every dog has the potential to bite. So, understanding what causes a dog bite may help you avoid being another dog bite statistic. The following are common reasons why dogs bite:

• Dominance and aggression: Moving a dog out of the way or stepping over them could cause a dog to erupt out of nowhere because they believe you have not earned the status to tell them what to do. This is typically found in male dogs who have not been properly trained.
• Protection of valuables: Some dogs believe the only way to protect valuables is through an aggressive bark, followed by a bite. Valuable to a dog could include food, toys, territory, or a human. Breeds such as German Shepherds and Rottweilers are known to be territorial dogs who can display ferocious behavior over people messing with their belongings.
• Fear: A fear-aggression response is most often directed toward strangers. Veterinarians will typically muzzle dogs displaying fear because the natural reaction for a fearful dog is to bite.
• Agitated: These bites are often prompted by children who do not understand a dog has limits. If a dog is continually awoken from sleep, had air blown in their face, or poked and prodded, they may reach a breaking point and bite.

What to Do Right After You’re Bitten By a Dog in California

If you’re bitten by a dog, the most important thing you can do is remove yourself from the dog’s presence. Once the dog is no longer a threat, you should immediately start treating your injury by performing the following steps:

• Look over the wound to note if the skin is broken or not
• Wash the wound with non-scented soap and warm water for 10 to 15 minutes. If the wound is dirty, it may require extended cleaning time
• Stop the bleeding by putting pressure on the wound with a clean cloth until it has stopped
• Apply antibiotic ointment if available; it will help decrease infection
• Dress the wound with a clean, dry bandage

Once you’ve received immediate medical attention for your dog bite injury, it is recommended to take the following steps to begin a strong case:

• Document the incident: Take photos and write down details of your injuries, the dog, and your surroundings.
• Exchange information with the dog owner: Get the owner’s name, address, phone number, and insurance info. If any witnesses are on the scene, collect their contact information and record their testimony if possible.
• Seek immediate medical attention: Go to the nearest emergency room or see your primary care physician as soon as possible. Dog bites can lead to dangerous infections. Also, any delay in medical treatment could be harmful to your personal injury case.
• Report the incident to Animal Control: Contact your local animal control agency and report the bite. An investigation by animal control will not only be helpful to your case but can also prevent future injuries.
• Speak to an attorney: Discuss your legal options with an experienced dog bite law firm by contacting Won And Done today.

There is no harm in building a strong case for your dog bite injury, as it only serves to protect your right to compensation if you suffer any financial, mental, or vocational impact as a result of the injury. If you’re unsure about what next steps to take, Won And Done can help. Contact us today by taking a free case review, and one of our attorneys will reach out as soon as possible.

Where Do Dog Bites Occur in Bakersfield?

Dog bite incidents in Bakersfield are most common in off-leash dog parks. These parks often feature no-leash areas surrounded by fencing, but are large enough to allow even the most energetic dogs to run around to their heart’s content. Leash-free dog parks in Bakersfield include:

• Centennial Dog Park
• Coffee Road Dog Park
• Kroll Dog Park
• Mesa Marin Sports Complex Dog Park
• Wilson Dog Park
• University Dog Park
• Season Dog Park

Unfortunately, some dogs can get overstimulated around different people or areas where they have more freedom, and end up biting someone. In these situations, the dog owner is liable for damages caused by their dog, not the dog park. The following are places where dog bites in Bakersfield most commonly occur:

• City Parks and Recreation areas: Parks are high foot traffic areas, increasing bite risk, especially for small children.
• Neighborhood Sidewalks and Streets: Dogs can get loose or escape their yards, making strangers seem like trespassers to a dog’s perceived “territory,” resulting in a dog bite.
• Private Residences: Guests who have been invited to another person’s house could set off a dog who is not used to “strangers.”

What Dog Owners in Bakersfield Should Do Immediately After a Dog Bite Incident

If your dog bites someone, immediately remove your dog from the situation and remain calm. The more emotional you are in a tense situation, the more agitated your dog is likely to become. It is important to take the following steps after your dog has bitten someone:

• Secure the dog: once your dog is removed from the area, secure them, so they cannot cause more damage.
• Help the victim: offer the victim whatever support you can to ease their pain and ensure their safety. Assist in cleaning their wound with soap and water to prevent infection.
• Provide information: share your contact info and information about the dog’s vaccination status.
• Report the incident: it is important to comply with local regulations and report the incident.
• Prevent future incidents: address behavioral issues and take the proper safety precautions to prevent future bites.

After a dog bite, it is pertinent to cooperate with the victim and prioritize their well-being. Do NOT admit fault, even if you think you were at fault. Liability is best determined by an investigation, and admitting fault at the scene can have legal implications.

Average Bakersfield Dog Bite Injury Settlements

There is no exact settlement amount for a dog bite injury claim since each incident varies significantly on a case-by-case basis. However, there are various factors that can help determine the value of your case, such as:

• Extent of damages
• Medical treatment needed
• Insurance coverage of the liable party
• Determination of fault

The more severe your injuries, the higher your settlement will tend to be. Also, the extent of the liable party’s insurance coverage will also play a major role in how much your case is worth. But focusing on the dog bite injury, settlement amounts tend to fall into the following three categories:

• Low Settlements: Minor accidents with little to no injuries can result in a low settlement in the low thousands to cover damage done to your vehicle and medical bill to treat minor injuries.
• Moderate Settlements: Moderate settlements can range anywhere from $10,000 to $100,000. These dog bite cases usually involve medical treatment for significant injuries, some missed work, and longer recovery periods.
• High Settlements: High settlements typically involve dog bite incidents with severe injuries, long-term medical treatment, permanent disabilities, or fatalities. Settlements can be substantial, potentially reaching hundreds of thousands of dollars and up to millions of dollars.

Contact a Bakersfield Dog Bite Lawyer

At Won And Done, we make it easy for you to get a lawyer, get paid, and get your life back after a dog bite injury. We understand how difficult recovering from a personal injury can be, which is why we manage all aspects of your claim, so you can focus on recovery. Our goal is to secure maximum compensation on your behalf while not wasting a second of your time. Get your case Won and Done by contacting us for a no-cost, no-obligation consultation. We operate on a contingency basis, meaning we don’t get paid unless we win your case.