Fremont Dog Bite Lawyer

Maison Law represents dog bite victims throughout Fremont. If a dog bites you, it can cause a range of problems impacting both your health and your daily activities. Our team of Fremont personal injury lawyers is ready to help. Contact us today to set up a free consultation.

Can Our Lawyers Help You?

No matter what the circumstances are, handling a dog bite situation is something that you shouldn’t face alone. At the same time, deciding to take legal action depends on how serious your injuries or the dog bite is. If you only suffer minor injuries, you can probably handle the claim on your own.

However, dog bites can be extremely traumatic, both physically and psychologically. Worse yet, if it happens at a dog park, or there’s questions about liability, you’re probably going to need legal help. It’s here that our team of experienced dog bite lawyers can be of assistance. Through our experience, we’ve developed a proven system of success in handling these cases in which we:

• Investigate the cause of the incident and explain your legal options
• We help you gather crucial evidence, look over insurance policies, and determine who all is responsible for covering your injuries
• Point you in the direction of medical experts
• Assist you through the claims process

Strengthening a Dog Bite Claim

As an injury victim, it becomes incredibly important to not only understand your options, but take steps to bolster your potential claim. In a dog bite case, this means doing the following:

• Seek immediate medical attention – Dog bites can result in severe injuries and potential infections. Even seemingly minor wounds should be addressed promptly to avoid complications.
• Identify the dog’s owner – If possible, collect the dog owner’s name and contact details, along with information from any witnesses. This data is crucial for establishing liability and pursuing a claim for your injuries.
• Report the incident to animal control – Inform the Fremont Animal Services or the police department about the dog bite. They can assist in locating the dog and evaluating its history of aggressive behavior.
• Document the incident – Take photos of your injuries and the location of the attack. Provide a detailed account, including the date, time, and place of the incident, along with relevant information about the dog and its owner.

By taking these measures, you protect both your health and legal rights following a dog bite. But this is often only the starting point of your legal options. Fully pursuing a claim for damages means understanding how the law works and what you can gain.

What’s the Law Regarding Dog Bites?

The good news, relatively speaking, is that California law is clear when it comes to a dog bite and liability. As per Section 3342 of the California Civil Code, dog owners are:

• Strictly liable for any injury or damage caused by their dog, even if the owner was unaware or had no reason to believe the dog had aggressive tendencies.

What this means for you as a victim is that the owner of the dog that bit you is the one who is primarily responsible for covering your injuries and other damages from the incident.

With that said, certain exceptions exist where strict liability does not apply. This can happen if you:

• Were trespassing on the owner’s property.
• Provoked the dog.

Legal Process

Legally speaking, a dog bite falls under the umbrella of a personal injury claim. This means that it follows the same process as any other injury claim, like a car accident or slip and fall. However, dog bites are usually a bit more streamlined because of the strict liability. Still, the legal process of filing a claim involves:

• Filing an insurance claim against the owner
• Filing a personal injury lawsuit

From there, the process will play out depending on the circumstances of your particular incident. However, one way or the other, an insurance company will be involved and your case will follow a general outline:

• Your claim will be filed
• The insurance company will begin an investigation
• With the claim filed, both sides will begin exchanging evidence and presenting their claims
• The insurance company will evaluate their claim and offer a settlement

It’s totally up to you whether or not you accept settlement. However, a settlement offer from an insurance company is typically low and may not cover your financial needs. If that’s the case, you’ll need to proceed with a lawsuit.

In a lawsuit, you will work with our team to:

• File a Complaint in civil court
• Exchange evidence through discovery, depositions, and other requests
• Be present for court hearings and mediation
• If necessary, go to trial before a judge and jury

Again, every case is unique, so the process plays out differently from claim to claim. A huge part of your claim, though, is the damages you can potentially recover from the dog’s owner.

Damages in a Dog Bite Claim

Dog bites unfortunately often result in severe physical, emotional, and financial challenges. This is primarily due to the nature of the bites themselves, involving the powerful jaws of the dog clamping down and tearing at your skin and muscle.

Additionally, these bites frequently lead to infections because of the bacteria present in the dog’s saliva. Beyond the physical injuries, these traumatic events also bring emotional and psychological damage that lasts long after the initial bite.

All these factors contribute to the damages available in a dog bite claim, which cover:

• Medical bills and ongoing care, including physical therapy or rehabilitation.
• Pain and suffering.
• Emotional distress.
• Lost income and wages.
• Any property damage related to the incident.
• Punitive damages, if the dog owner’s conduct was particularly negligent.

In the end, the damages you receive hinge on the severity of your injuries. However, it’s crucial to keep in mind that, similar to any other injury claim in California, a dog bite is subject to a statute of limitations. This legal time frame serves as the deadline to file a claim, which currently is set at:

• Two years from the date of the incident.

Failing to meet this deadline could result in the forfeiture of your opportunity to recover damages for your injuries.

How Can You Avoid Dog Bites?

Even with the possibility of a dog bite, most dogs you encounter will be friendly and well-behaved. At the same time, no matter how friendly a dog is, it can still fall victim to its instinctual drive or be overwhelmed by the environment their owner puts them in. This is one of the underlying causes of many dog bite incidents. So, while you can’t always avoid them, it’s helpful to look at ways you can at least reduce the likelihood that they’ll happen:

• Watch for warning signs – To prevent a dog bite, be aware of signs like snarling, a stiff posture, or the dog’s ears laid back with fur standing up.
• Stay calm, avoid running – Dogs tend to chase, and most bites happen when someone is running or jogging past a dog. If you encounter a potentially aggressive dog, stay calm, walk past it, and avoid triggering its curiosity.
• Follow leash laws – In Fremont, dogs in public areas must be leashed. Even though a leashed dog may seem more aggressive, stay alert when facing unleashed dogs, as bites can happen when they are free to run.
• Promote spaying and neutering – Hormones contribute to dog aggression. Encourage owners to spay or neuter their dogs early for health benefits and to reduce natural aggression and energy in a healthy way.

While it’s impossible to completely avoid or prevent dog bites, understanding what to do if you experience such an injury is crucial. This knowledge provides a solid foundation for a potential injury claim.

What Is Considered a Dog Bite?

California law defines a dog bite as any incident where a dog’s teeth comes into contact with a person and causes them bodily injury. Contrary to popular belief, an attack does not have to break the skin or leave a visible wound to be considered a dog bite. For example, a dog may attack a person and cause them to take a nasty fall and break their arm. In most cases, this person would be eligible for compensation under California dog bite law. 

Dog Bite Law: When a Dog Owner is Liable and Not Liable

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 code also states the owner is liable if the victim is bitten on public or lawfully private property.

California Civil Code Section 3342 (b) removes dog bite liability from government agent dogs, stating:

“Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following: 

• In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity. 

• In the investigation of a crime or possible crime.

• In the execution of a warrant.
• In the defense of a peace officer or another person.

Dog bite provocation is another exception to dog bite liability. If a dog bite was provoked by a person hitting or teasing the animal, the owner of the dog is not responsible for damages. Dogs are considered to be provoked if a person steps on their tails, hits them with a stick, or intentionally disturbs them while they are eating. In certain cases, the dog bite victim and the dog owner can both be partially responsible. We’ll discuss this scenario in the next section.

Comparative Negligence in Fremont 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, and the amount a liable party would have to pay to be lessened. This occurs when both parties are partially at fault for the incident. Fault will be assigned by a judge or jury, reducing both parties 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 can still take legal action through Maison Law to recover damages. 

What if I’m Injured in a Dog Chase Accident in Fremont?

Fremont roadways have evolved to create a safe and accessible way for bicyclists, joggers, and walkers to share the road. While outdoor activities have never been safer in Fremont, people may still be vulnerable to dogs who may view the outdoor-loving public as trespassers or threats. This may seem like a rare occurrence, but dog-related accidents occur more often than you think. 

According to the National Library of Medicine, over 35,000 bicyclists, joggers, and mail carriers visit the ER each year, with many of those injuries due to being chased by a dog. Legally, these incidents are treated the same way as a dog bite incident, in that the dog owner would be held responsible for the damage caused by their dog. The legal outcomes for these injuries will vary based on whether carelessness by the dog owner can be proven. That’s where Maison Law can help.

Proving Liability in a Fremont Dog Bite Incident

At Maison Law, we understand that evidence is the foundation on which your dog bite case stands. It provides a factual baseline to establish liability against the dog owner, demonstrate the extent of your injuries, and justify the compensation you are owed. In order to recover damages from a dog bite, we will gather evidence to prove:

• The dog was owned by the defendant
• The bite took place on public property, or the victim had a lawful right to be on private property when they were bitten
• The victim suffered an injury as a direct result of the dog bite

The evidence we gather for the majority of our injured dog bite victims in Fremont includes:

• Documentation from animal control
• Police reports
• Eyewitness statements
• Video surveillance of the attack
• Medical records (pre and post-dog bite)
• Copy of the dog owner’s insurance policy
• Prescription drug costs, bank statements, and other out-of-pocket expenses
• Pictures of the wound and where the incident occurred

Premise Liability in Fremont 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.