California is well-known for its thriving food scene, which includes both restaurants and various other food establishments. According to the National Restaurant Association, California boasts over 83,500 restaurants statewide as of 2022. At many of these locations, particularly those that offer outdoor seating and dining, it’s not out of the ordinary to find dogs that are accompanying their owners.
While the vast majority of these dogs are well-behaved, there’s always the off-chance that you or a loved one can experience a bite incident. When that happens, it’s extremely important to understand how California law responds to these accidents and what you need to do for your recovery.
Get Help From Dedicated California Dog Bite Lawyers
Experiencing a dog bite, whether at a restaurant, store, or any other establishment in California, can be incredibly distressing for you or a loved one. Not only do you have to deal with injuries, but you might also be uncertain about who is liable for covering these injuries.
At Maison Law, our dedicated team of California dog bite lawyers is here to address all your concerns and guide you through this incredibly challenging period. Contact us today for a free consultation and let our team get you the help you need.
How Do You Know if a California Restaurant Allows Dogs?
When you decide to go to a restaurant, you probably don’t automatically think about whether or not it allows dogs. While many California restaurants do allow dogs, this can vary based on the:
- Restaurant’s policies
- Local regulations
In recent years, there has been a growing trend of restaurants in California and other places becoming more dog-friendly. However, allowing dogs in restaurants is usually subject to certain rules and guidelines to ensure the safety you and other patrons.
The best way to avoid a dog bite at a restaurant is to be prepared, and that includes checking with the restaurant itself regarding its policies. That said, if you do encounter a dog at a restaurant, you should take the following measures to protect yourself:
- Ask permission – If you encounter a dog at the restaurant, ask the owner if it’s safe to approach or pet the dog. Respect their response.
- Observe the dog’s body language – Pay attention to the dog’s body language. If the dog appears anxious, aggressive, or uncomfortable, give it space.
- Stay still – If an unfamiliar dog approaches you, avoid sudden movements or loud noises. Stay calm and still until the dog loses interest.
- Don’t approach dogs eating – Never approach a dog that is eating. Dogs can be protective of their food and might react defensively.
- Avoid startling dogs – Don’t surprise dogs by touching them without warning. Approach from the front and allow the dog to see and sniff your hand first.
- Avoid unsupervised dogs – If you see a dog without an owner nearby, avoid approaching it. It might be nervous or anxious, and unsupervised dogs can be unpredictable.
- Watch for warning signs – Be cautious around dogs that are growling, barking excessively, showing their teeth, or displaying other signs of aggression.
- Respect the dog’s personal space – Give dogs and their owners ample personal space. Avoid getting too close, especially if the dog seems uneasy.
- Report aggressive behavior – If you notice a dog displaying aggressive behavior or causing concern, notify the restaurant staff or management.
- Alert restaurant staff – If you’re uncomfortable around dogs or have allergies, inform the restaurant staff. They might be able to assist in ensuring a safe dining environment for you.
While all these measures are good rules of thumb, they still won’t totally prevent a dog bite incident from happening if you’re at a restaurant in California. Therefore, it’s important to respond correctly and to understand how the law works regarding these incidents.
What to Do After a Dog Bite Incident at a California Restaurant
In the event of a dog bite occurring at a restaurant in California, your immediate response is very important for both your health and any potential claims. Given that dog bites can lead to infections, taking swift action is crucial. Here’s a breakdown of essential steps to take after a dog bite:
- Check your injuries – When safe, examine your bite. Most happen on your arms or hands as you try to defend yourself. It’s also important to remember where it occurred and if the dog was controlled.
- Follow medical advice – The biggest risk, aside from a wound or nerve damage, is infection from a dog’s saliva. Listen to your doctor’s wound-cleaning directions. Infections can lead to muscle issues, skin damage, and other problems.
- Tell the restaurant – It’s crucial to report the bite to the restaurant. They’ll document it, and take down key records and details. You’ll also want to report the bite to local animal control so they can take action, as well.
- Get evidence and find witnesses – Usually, dog bites at restaurants will have plenty of witnesses. Find them for help and take down their information. Also make sure to take photos or videos of the wound.
By taking these steps, you can look after your health and gather info that might be important for any legal or insurance claims after a dog bite in California. Remember, exploring legal options is important for a full recovery, like with any injury.
Who is Liable For a Dog Bite in California?
When there’s a dog bite at a California restaurant, someone is responsible. Because dog bites are a common problem, California has a legal framework in place that addresses these incidents. Under Section 3342 of the California Legal Code, dog owners are held primarily responsible–a legal concept known as “strict liability”–for any injuries or damages that their dog causes. This means that when you’re bitten, no matter where it happens, the owner is responsible for covering your injuries and damages.
It’s worth noting that the restaurant also shares responsibility. As a business, the law mandates that restaurants ensure patron safety while dining. So, even with posted signs, if a dog on the restaurant’s property bites someone, the store bears partial liability for your injuries.
What is the Claims Process Following a Dog Bite at a California Restaurant?
The claims process after a dog bite at a California restaurant has unique aspects but is ultimately similar to other injury claims. While most California dog bites involve the individual and the dog owner, an incident in a restaurant opens the possibility for action against them, which would run concurrently with your claim against the owner.
Your options depend on the circumstances, but the law allows you to seek benefits and support from both the dog owner and the restaurant. Typically, this is done by either filing insurance claims or personal injury lawsuits, and often, both. It’s here that the assistance of our experienced team of California dog bite lawyers can be invaluable. We can help you navigate this entire process, making sure your claims remain viable and strong throughout.
With our proven track record of success in handling claims and negotiating with insurance companies, we’ll help you recover fair benefits and support available to you under the law. These damages, as they’re called, will be vital to your overall recovery. They include:
- Costs for medical treatment (like hospital bills)
- Earnings missed due to injury
- Damage to property
- Physical pain and suffering
- Emotional distress
- Reduced quality of life
It’s important to remember that any injury claim in California, even dog bites, has a statute of limitations. This is the legal deadline by which you have to file your claim. Currently, California has a two-year statute of limitations from the date of the injury to file a claim.
Let Our California Dog Bite Lawyers Ease Your Burden
Managing a dog bite incident can be challenging, especially when injuries and medical expenses are a concern. But at Maison Law, we’re dedicated to easing your burden. Our skilled team of California dog bite lawyers has supported many clients through their claims, securing the benefits and support needed to assist in their healing process.
Take the first step in getting the support you deserve. Contact us today for a free consultation.
