Maison Law represents injury victims in Monterey, including those that have been hurt in a dog bite. No matter how well trained or socialized a dog is, there’s always the chance that a given situation could end up with you getting bitten. When this happens, it can be very damaging. You do have legal options, and our team can help. Contact us today for a free consultation.
Why Would You Need a Lawyer?
A dog bite is always unfortunate. And even though California law is fairly clear in its protections for victims, you still might not need a lawyer if your injuries are minor. Still, every situation is different. The more hurt you are–and a dog bite can leave you seriously hurt–the more help you’ll need. Our team is here to help in such cases by:
- Helping you understand your options – We’ll look into what happened and explain what you can do legally.
- Gathering evidence and reviewing insurance – We’ll help collect important proof and see whose insurance might cover the damages.
- Helping with claims – We’ll guide you through the paperwork and negotiations to make things easier for you.
Our aim is to simplify everything for you and your family during a tough time. While nobody wants a dog bite, it’s important to be ready and know what to do if it happens.
Who’s Liable For Dog Bites in Monterey?
While every dog bite situation is at least unique, the law looks at them exactly the same way. According to Section 3342 of the California Civil Code, dog owners are “strictly liable” for any injuries caused by their dog. which means:
- Owners are liable–legally responsible–for covering injuries or other damage caused by their dogs, regardless of intent.
However, there are exceptions to this strict liability rule. These exceptions may apply if:
- You were trespassing on the owner’s property.
- You provoked the dog.
In legal terms, this is known as “comparative negligence,” potentially reducing your damages by the percentage of fault you contributed to the incident. That’s why it’s important to know when and where these incidents usually happen.
Where Do Most Dog Bites Happen in Monterey?
While dog owners typically bear most of the responsibility after a dog bite, the location of the incident also plays a role. This doesn’t absolve the owner of responsibility, but it might involve other parties. In Modesto, dog bites often occur in the following places:
- Homes – This is the most common location where there’s dog bites. Many dog bites happen within the owner’s home, or at the homes of friends or family.
- Neighborhoods – Walking or jogging in neighborhoods can lead to dog bites, especially if dogs are unsupervised and allowed to roam freely.
- Dog parks – While meant for socializing and exercise, interactions between unfamiliar dogs can sometimes lead to aggression and bites.
- Public spaces – Parks, sidewalks, streets, and other public spaces are frequent sites for dog bites, especially if dogs are not properly leashed or restrained.
- Workplaces – Dogs may be present in some workplaces, such as service dogs or those brought by visitors or customers. This is also a concern for mail carriers or delivery drivers.
Obviously, finding yourself in any of the above places means you could be facing the challenges that come with a dog bite. This doesn’t just mean injuries, but other losses. This, as you might expect, plays heavily into your “damages.”
What Damages Can You Get in a Dog Bite Claim?
Once you’ve decided to pursue a dog bite claim, understanding the process ahead is crucial. While similar to other injury claims like car accidents or slip and falls, there are some distinctions.
Because of strict liability laws, it somewhat simplifies the process. However, it’s still going to probably involve dealing with the dog owner’s home insurance company. The potential damages you can get in a successful claim include:
- Medical expenses – Covering current and future treatment costs, such as doctor visits and surgeries.
- Lost income – Covering for missed work days or future earning capacity due to your injuries.
- Pain and suffering – These are for any physical discomfort and mental anguish stemming from the dog bite.
- Emotional distress – Acknowledging the psychological impact of the incident, such as anxiety or PTSD.
- Scarring and disfigurement – Providing financial support for any permanent damage affecting your appearance or abilities.
- Reduced quality of life – Accounting for disruptions to daily activities caused by the injury.
In cases of severe misconduct by the owner, punitive damages may also be awarded to penalize them and deter future negligence.
But specifically, now do you get these damages? You file an injury claim, either by:
- Filing an insurance claim
- Filing a personal injury lawsuit
Remember, there’s a two-year time limit in California for filing a claim from the date of the bite. Missing this deadline could jeopardize your ability to seek these damages. And something else that could jeopardize your damages is your actions after the bite.
How Can You Protect Your Dog Bite Claim?
Because it’s ultimately up to you to prove your case when you file a dog bite claim, it means that you have to do certain things to protect it. The fact is, an insurance company is going to take any opportunity it can to reduce its liability–and devalue your claim in the process. So, it’s very important to do the following to protect your dog bite claim:
- Get help from a doctor right away – Dog bites can be serious and might get infected if you don’t treat them quickly. Even if the bite seems small, it’s important to see a doctor to avoid problems.
- Find out who owns the dog – If you can, get the name and contact information of the dog’s owner, and ask if anyone saw what happened. This information is a necessary step in making your claim.
- Report the bite to Monterey Animal Control Services – Report the dog bite to the local animal control (either the city or county) or police. They can find the dog and check if it has a history of being aggressive.
- Keep records of what happened – Take pictures of your injuries and where the bite happened. Write down what happened, including when and where it happened, and any details about the dog and its owner.
By taking these actions, you safeguard both your health and legal rights. However, this is often just the beginning. Also complicating the situation are the potential injuries you’re facing, some of which might not even be fully realized yet.
What Are Some Common Injuries in Dog Bites?
A dog bite isn’t just about the actual bite itself, it’s about the trauma that comes with it. Anyone who’s ever been bitten by a dog (or even seen a dog bite) knows how scary and traumatic it is. This is true whether you’re used to being around dogs or not. Still, when you want to take legal action, your particular injuries are going to come into play. So, here’s a look at some of the common injuries that come with dog bites:
- Bite wounds – This is the most common injury, leaving cuts or bruises, especially on your hands and ankles.
- Infections – Sometimes, the wound can get infected, which means it gets filled with germs and can make you sick.
Eye and facial injuries – If the dog bites your face or near your eyes, it can cause serious injuries that might need medical attention.
- Viruses like rabies – If a dog has rabies, a dangerous virus, and it bites you, you could get really sick too.
- Broken bones or crush injuries – In some cases, the dog bite can be so strong that it breaks your bones or causes serious damage to the area it bites.
- Nerve damage – Sometimes, the dog bite can hurt the nerves in your body, which can affect how you feel and move.
- Psychological and mental trauma – Getting bitten by a dog can be really scary and can make you feel afraid or anxious, even after the wound has healed.
What makes this even more difficult is that you’ll probably be facing multiple of these injuries. But remember, the most important thing is responding in the right way and taking care of your health and safety first. Once you have the situation under control, reach out to our team for support.
Frequently Asked Questions
Does it matter what breed the dog is?
Not legally. The breed of the dog doesn’t factor into your legal options. Where it does factor in is in the severity of the bite and your injuries.
What if I get bitten on a street or park?
You have the same legal options regardless of where the bite happens. The owner of the dog is the one that’s responsible, which is why it’s so important to get their information. Under certain circumstances, the city or county might share some liability as well if it happens on a street or some other public area.
What happens if I can’t find the dog’s owner?
If you’re not able to find the dog’s owner, you definitely need to call the police and animal control services. Provide them with as much information as you can. They can then take over finding the owner and helping you. Our dog bite lawyers can also help you in this situation.
Experienced Legal Guidance After a Monterey Dog Bite
If you’ve been bitten by a dog and need help, Maison Law will be there for you. We understand how tough it can be dealing with injuries and stress from a dog bite, but we know how to handle these situations. Our Monterey dog bite lawyers can give you experienced legal guidance and support. Contact us today for a free consultation.