Modesto Dog Bite Lawyer

Maison Law represents dog bite victims in Modesto. If your life has been negatively impacted by a dog bite in Modesto, then you may need compensation to get your life back track. That’s where Maison Law can help.

We protect dog bite victims in the Modesto community by getting them maximum compensation for their damages. Contact us today for a no-cost, no-obligation consultation.

Seek a Free Consultation with a Skilled Modesto Dog Bite Lawyer

When insurance companies try to blame victims for the bites they receive or refuse to help pay for expensive medical care for victims, Maison Law steps in to help.

To find out how much you should be receiving after a dog bite, talk to a real Modesto dog bite lawyer by scheduling a free consultation. There’s no obligation for your case evaluation. But if you decide to use our services, you won’t owe any money upfront. We don’t get paid unless we win compensation for you.

Strict Liability for Dog Owners After a Modesto Dog Bite

Every year somewhere around 4 million people suffer dog bite wounds in the U.S. An estimated 800,000 victims require medical treatment. That’s according to the American Academy of Family Physicians.

California enforces “strict liability” when it comes to dog bites. This means that dog owners are responsible for the injuries their dogs cause, even if the pet has never bitten anyone before. The law is different in some states, where if a dog hasn’t attacked previously, the owner isn’t liable for a bite wound.

Strict liability is good news for dog bite victims in Modesto. They’ll be able to file a claim for damages against dog owners no matter the dog’s history.

It’s important to note that victims can’t have provoked a dog before an attack and still sue an owner. The victim must also have been on property legally when bitten. They can’t have been trespassing.

Generally, dog bites occurring at a dog park, such as Ceres Dog Park, would also leave dog owners legally liable.

How Maison Law Can Help

An unfortunate aspect of recovering essential compensation after a dog bite is that most insurance companies will minimize your trauma and offer you the lowest amount possible. Why would they do that? Insurance companies are a business, and the lower amount they get you to accept, the more money they keep.

But at Maison Law, our business is ensuring the insurance company fully compensates you for 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 (allowing a known viscous dog to be in a position to harm someone)
  • Actions performed out of spite

Modesto 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.

How Common Are Dog Bites?

According to the Center for Disease Control, there are over 4.7 million dog bites each year in the United States, with approximately 800,000 of them requiring medical treatment. Amongst these millions of dog bites, here are the most common victims and outcomes:

• 50% of all dog attacks are against children under the age of 12
• 82% of emergency room visits for dog bites involve children under the age of 15
• 70% of fatal dog attacks are children under the age of 10
• Unsupervised newborns are 370 times more likely to be fatally injured by a dog bite than an adult
• 65% of dog bites occur on the neck or head

These harsh statistics are why the state of California deems dog owners strictly liable for any damage caused by their dog. It only takes one small careless act to impact a person’s life forever. That’s why the Modesto Dog Bite Lawyers at Maison Law are here to help dog bite victims get the compensation they need. Contact us today for a free case review and see what legal options are available.

Comparative Negligence in Modesto 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 Maison Law.

Premise Liability in Modesto 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.

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

Modesto 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 Modesto, 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.

Where Do Dog Bites Occur in Modesto?

Dog bite incidents in Modesto 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 Modesto include:

• Modesto Dog Park
• BARK Dog Park
• Elk Dog Park
• Lathrop 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 Modesto 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.”

Licensing Your Dog in Stanislaus County

Modesto’s Stanislaus County requires that dog owners get their dog licenses. A dog license serves as a means of identification for your dog and is required by law for dogs four months or older, according to Stanislaus Code of Ordinances 7.20.010. Failing to get a license for your pup could result in a $251 citation.

If your dog gets lost, a license tag on your dog’s collar makes it easier for your dog to be found. The county uses a 24/7 “Docupet” Lost Pet Service, which is included with the dog license tag.

What to Do After a Dog Bite in Modesto?

Insurance companies representing dog owners don’t make it easy for injured victims to get help. They’ll want to see proof of what happened and they’ll work to discredit any evidence you provide. Sometimes not even the sight of a bite wound is enough for them to admit fault and pay you compensation.

With this in mind, it’s important to collect as much solid evidence on the scene as you can. Of course, this is provided that you are well enough after your attack to manage it. You should call 911 after any dog bite and have paramedics document your injury. Go to the emergency room if necessary.

If you are able to move around, try to gather these details on the scene of a Modesto dog bite:

• Take photos. Get a picture of the dog and owner if possible. Hopefully, you’ll be provided with the name and address of the dog owner, but this photo will be valuable if the dog owner leaves the scene. Take pictures of your bite wound and show any damage to your clothing.
• Exchange information with the dog owner. Don’t say anything like “my bad” or “I’m okay.” Basically, don’t accept fault or comment on how badly you’re hurt. In the heat of the moment, you might be wrong about how an attack unfolded or the seriousness of your injuries. Insurance companies can use these statements against you later.
• Talk to witnesses and get their contact information.
• Scan the area for any surveillance cameras that may be nearby. Note the addresses of the businesses or homes where the cameras reside. Your personal injury lawyer will be securing the footage later.
• Schedule an appointment with your physician. Make sure your wound is healing correctly. Save your medical invoices.
• Keep all damaged or bloody clothing. Don’t wash shirts, pants, or socks. Don’t throw away the evidence.

Compensation You Should Expect After a Dog Bite

Once evidence is collected and your damages and losses have been totaled, your Modesto dog bite attorney will file a claim for damages with the insurance company involved.

This claim will include a document that lists every hardship you and your family have endured. This is just a brief list of some of the factors that can earn compensation:

• Hospital and rehabilitation expenses.
• Past and future lost earnings.
• Physical pain.
• Emotional distress, such as depression and anxiety. You might have PTSD symptoms after going through an attack.
• Loss of enjoyment of life.
• Loss of consortium. An injury may affect the intimacy you share with family members, especially a spouse.
• Damage or destruction of property.

The medical costs can skyrocket when a permanent disability or disfigurement is the end result of a dog bite. Additional financial support would be sought as estimates for a lifetime of care would be compiled. This would incorporate the costs of medical equipment and home renovations for patients over the years.

The victim’s return to a previous career may be impossible. Career training may be included in an insurance settlement so victims can change to a job more suitable for their disability. Without the chance to change jobs, the victim may be due a lifetime of financial support with enough to support close family members.

Common Injuries After a Dog Bite

Receiving adequate compensation after a devastating dog bite is vital to the physical, financial, and emotional recovery of the victim.

Dog bites can create long-lasting wounds and even rob victims of control of their extremities in some cases.

This is only a partial list of some of the injuries possible in a dog attack:

• Punctures Wounds and Cuts: Dog bites can penetrate deep into the skin and do damage as the teeth sink through the layers of muscle and bone. The hands, particularly the right hand are commonly targeted, often when someone is bitten while trying to pet a dog.
• Tissue Damage: A bite may be close to a vital organ. Tendons, ligaments, and other soft tissue can’t withstand the pressure of a bite.
• Nerve Damage: Numbness in the hands and feet are a symptom of nerve injuries. Sharp pain and a buzzing sensation like an electric shock are also reported. Victims often drop objects they are holding.
• Crushing Injuries: The force of a bite might be enough to crush small bones.  Hands, ankles, and even throats can end up crushed.
• Head and Neck Injuries for Children: Children are most often the victims of dog attacks and their heads and neck are usually at the level where dogs can bite them. Extra compensation is needed for young victims because serious injuries can lead to developmental issues as they mature.
• Infections: Dog teeth are covered in bacteria that might cause a wound to become infected. Rabies, tetanus, are examples of harmful bacteria. Patients may experience fever, fatigue, breathing difficulties, and tremors.

Statute of Limitations in Modesto Dog Bite Cases

Dog bite victims are given up to two years to file a personal injury claim against a dog owner or anyone else found liable in a bite case. This statute of limitations means that if you wait longer than 24 months to file an injury claim your case will likely be thrown out. You’ll be unable to seek reimbursement for your recovery costs.

Do I Need a Dog Bite Lawyer After an Injury

Yes. After a serious dog bite, a straightforward path to recovery is rarely the normal outcome. Dog bites can become infected and take much longer to heal than a normal wound. Dog bites can also affect your ability to earn a paycheck and support your family.

It’s these extenuating hardships that make a personal injury lawyer necessary. You want to make sure you are compensated for everything you’ve endured and everything you may endure. Once you sign off on an insurance settlement, you give up your right to return to the insurance company later to ask for help.

A skilled Modesto dog bite lawyer anticipates every need you and your family may have and ensures everything is covered in an insurance settlement.

Aside from your physical recovery, your battle with an insurance company to get support may be the worst part of your experience. Insurance adjusters will question every piece of evidence you submit and try to deny responsibility for your injury. They may even question your character as another ploy to avoid liability.

Your personal injury lawyer defends you from these attacks. The best part is that you may never have to deal with insurance adjusters at all if you turn your case over to an attorney as soon as possible. Your lawyer holds the threat of a lawsuit over the insurance adjuster’s head and can often negotiate far more in a settlement than you could ever hope to receive on your own.

Frequently Asked Questions

Should I talk to the insurance representatives for the dog owner?

No. Adjusters will call you asking for a recorded statement. You should say no to this request. They ask in the hopes you’ll say something they can twist to weaken your case. Allow your attorney to handle all phone calls regarding your case.

What if I’m bitten but can’t identify the owner or dog?

You should contact the police to tell them what happened. Officers may know the dog or be able to track it down and then determine the owner. Talk to any witnesses to see if they know where the dog may have come from. Go back to see if the dog and/or owner are in the same area later.

Can apartment management companies be held accountable for a dog park attack?

Dog parks in apartment complexes are usually labeled as “use at your own risk” facilities. The dog’s owner may be the only liable party. However, if a dog owner and a dog have been reported as dangerous before, the landlord could be liable for not taking action over a known threat.

Contact a Modesto Dog Bite Lawyer

After you or a loved one has suffered a serious dog bite, reach out to a Modesto Personal Injury Lawyer to discuss your case, free of charge.

Consult with an attorney as soon as possible after a dog bite. There are benefits available to you and your family that insurance companies won’t be informing you of.

Attorney Martin Gasparian offers a free and confidential case evaluation. Mr. Gasparian works hard to make sure dog bite victims are allowed to rebuild their lives without worrying over hospital bills and lost paychecks.