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.