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What Are the Legal Rights for California Dog Bite Victims?

At Maison Law, we offer representation to victims of California dog bite attacks. When an individual is unexpectedly bitten by a dog, they are permitted to file a claim for damages against an at-fault party so that they can receive financial support. California allows victims of these traumatic accidents to file a lawsuit for the support that they need to get back on their feet, even when a dog has not acted aggressively in the past. We are here to help you protect your rights and well-being along the way. Please do not hesitate to contact us for a free consultation regarding your options.

Strict Liability in California Dog Bite Claims

If you have been hurt in a California dog bite attack, you likely wonder what legal action you can take against an at-fault party. As many dogs come from somewhere, this means that there is likely an owner or another party who was in charge of the dog’s care at the time of your attack. This means that you have every right to bring a personal injury claim on behalf of the harm that you have suffered under California law.

California is known as a “strict liability” state. This means that you are able to recover damages for the harm that you have suffered no matter if you can prove that the dog’s owner acted in a negligent way or not. This means that they will be liable even if:

  • The dog has or has not bitten someone in the past
  • The owner did or did not take precautions to prevent their dog from biting someone
  • The owner did or did not know what their dog could be dangerous to others

Unless you were trespassing or you provoked the dog that bit you in some way, there is a good chance that you can successfully bring a personal injury claim for the damages you have received in your attack. As every situation is different, it can be helpful to speak with a lawyer as soon as possible about your options.

Liable Parties in California Dog Bite Incidents

If you want to bring a successful claim for damages caused by your dog bite, you will need to show that another party is liable for the attack. The reality is, more than one party could be to blame for a dog bite attack. Here are some of the parties who could be legally liable for the harm that a dog causes under California law:

Dog’s Owner: Dog owners are almost always legally responsible for a dog attack. Even despite a dog’s bite history or lack thereof, a dog owner could be liable for a bite that results from their dog. Exercising care and control over your animal means that you will keep others from harm regarding that animal’s care.

Dog’s Caretaker: Sometimes, somebody aside from the dog’s owner is exercising temporary or professional care over the dog. If you are dog sitting, dog walking, grooming a dog, or taking care of a dog in a veterinary setting, this means that you are assuming responsibility for the dog and its actions. It also means that liability could fall onto you if there is an attack.

Parents of a Child: If a child under 18 is taking care of a dog at the time that it bites somebody, the child’s parents or guardian are likely liable for any resulting injuries that stem from a bite. 

Property Owner/Landlord: In some states, a property owner or landlord could be partially liable for a dog attack if they knew that a dog was dangerous but allowed it to remain on their property. 

Government: In some cases, the government could be liable for a dog attack if a police or other working dog bit somebody who was not actively involved in a crime. These claims can be entirely complex, which is why it is crucial to consult a legal advocate if you have been hurt in one of these accidents.

Damages Available in a California Dog Bite Claim

A dog bite study conducted in 2019 showed that the average dog bite settlement in California was $51,000. Though many dog bite victims within the state with file a personal injury claim against the owner’s homeowner’s insurance, some dog owners do not have this type of insurance. This means that you will need to move forward with a personal injury claim for the damages you need during these difficult times.

You may be entitled to financial support for some of the following aspects after a bite:

  • Medical expenses related to your present and future recovery
  • Pain and suffering for lasting psychological damage caused by the incident
  • Lost wages due to not being able to return to work
  • Disability benefits if the bite caused you to become disabled

There are many types of damages that you may require to help you feel whole after a dog bite incident in California. Knowing and understanding your legal options can help you get back on your feet during such a traumatic time.

Contact a California Dog Bite Lawyer

After you have been bitten by a dog in California, you may be left with hundreds to thousands of dollars in bills. This is a scary type of incident that can happen within seconds due to the negligence of an owner or some other party in California, leaving you confused and alone.

At Maison Law, our California dog bite lawyers are dedicated to the victims of dog bite incidents in California and will stand by your side when you need it the most. When an owner or big-name insurance company tries to discredit your injuries in an attempt to save money, we will negotiate on your behalf to make sure that you are treated fairly. Your results matter to us. Please contact us for a completely free case consultation today.