Dogs play a really important role in the lives of many people in California, providing companionship, love, and protection. However, for certain people, dogs play an even more important role. These service dogs not only provide typical companionship and love like other dogs, but they also provide their owner with essential everyday support and assistance.
While these dogs are specially trained, they are like any other dog in that they can react by biting you or a loved one in certain situations, such as at a store in California. And unfortunately, these incidents often end up like other dog bites at other places–with injuries and other damages.
Help From Experienced California Dog Bite Lawyers
At Maison Law, we know that getting bitten by a dog is very upsetting and painful, whether it’s a service dog or any other dog. No matter what happened before you got hurt, we are here to help you understand the legal steps to get the help and benefits you need from the dog’s owner. Our team can explain all your choices and give you a plan for how to ask for compensation.
If you would like to get the process started, contact us for a free, no-obligation consultation today.
How is a Service Dog Different From Other Dogs in California?
In California, as in many other places, there are legal distinctions between service dogs and other types of dogs. These distinctions are based on the roles and functions that these dogs perform. Here’s how a service dog is different from other dogs in California:
- Helping people who are visually impaired by guiding them around obstacles and traffic.
- Letting people who are hearing impaired know about sounds like doorbells or cars coming.
- Getting things for people who have trouble moving around.
- Helping people who struggle with balance and walking to stay steady.
- Warning people with medical problems like diabetes or seizures when something is going wrong.
- Giving comfort and support to people who have emotional challenges.
Service dogs are protected by law in many places all over California under the Americans with Disabilities Act (ADA). This means that individuals with disabilities have the right to have their service dogs with them in public places and areas where pets might not be allowed, including stores and other shopping areas. However, even with this training, it’s important to remember that bite incidents can still happen with service dogs in California stores.
Will a Service Dog Bite You at a California Store?
In order to be classified as a service dog, these animals undergo rigorous training in terms of their behavior, temperament, and reactions to situations. In fact, they are specially trained not to bite people in stores and other public places in California. However, a service dog is still an animal. This means that they can react by biting if they feel:
- Threatened
- Provoked
Unfortunately, it’s common for even service dogs with special training to feel this way in stores, particularly if they feel that their owner is being put in a stressful or dangerous situation. Thus, bites from a service dog can happen.
Thus, if you come across a service dog at a store in California, it’s best to:
- Avoid approaching or distracting the dog without the owner’s permission
- Remember that service dogs are not pets; they are working animals with specific tasks they’re trying to complete for their owners.
Are Owners Liable If Their Service Dog Bites You at a Store in California?
Even though service dogs enjoy legal protections that allow them in certain areas like stores, the law ultimately views a bite incident the same as any other in California. Thus, under Section 3342 of the California Legal Code, owners of service dogs are responsible for any injuries or damage their dog causes. This legal concept is known as “strict liability”, and applies even if the dog in question is a service dog.
If you want to establish liability conclusively after a dog bite at a store, you’ll have to show the following
- The person is the rightful owner of the dog
- You were subjected to a dog bite.
- You were legally on store property.
- The dog’s bite resulted in injuries to you
- You didn’t provoke the dog into attacking you
While strict liability applies to the dog’s owner, the manager or owner of the store where the bite happened may also share some of the responsibility for your injuries. Generally speaking, every place of business has a duty to keep its customers safe. Thus, a store could be found partially liable if they:
- Know a service dog has been aggressive before but doesn’t do things to keep it away from customers, they might not be careful enough.
- Allow service dogs that aren’t trained well or have been aggressive before, and one of them bites someone, the store could be responsible for not making sure the dog behaves.
- Ignore signs that a service dog is angry or aggressive and don’t stop an issue, they might be blamed for not paying attention to the signs.
- Don’t make enough room for service dogs or tell people about them being there, they could be responsible if something goes wrong.
- Don’t handle a situation with a service dog properly and things get worse, the store might be responsible for their mistakes.
What Steps Should You Take After a Service Dog Bites You at a California Store?
Even if you know who’s responsible, there are important steps to take after a service dog bites you at a store in California. To make sure you can get the benefits that the law provides, you should take the following steps:
- Get medical help right away – Dog bites can be serious and might cause infections if not treated quickly. Even if it looks small, see a doctor to be safe.
- Identify the dog and owner – If you can, get the name and contact details of the dog’s owner and any witnesses. This info could help prove who’s responsible and get you compensation.
- Report the bite – Let the local animal control and store management know about the bite. They can check if the dog has a history of being aggressive and help locate it.
- Document everything – Take pictures of your injuries and where the bite happened. Write down what took place, including the date, time, location, and details about the dog and owner.
By following these steps, you protect your health and rights after a dog bite in Long Beach. However, the claims process can be complex. Luckily, our skilled dog bite lawyers can guide you through it and ensure your rights are fought for.
Filing a Claim After a California Dog Bite
When you decide to proceed with a dog bite claim in California, understanding the process is important. Even though a dog bite claim is like other injury claims in California, when a store is involved, the process can differ slightly.
The major difference is the strict liability law, which makes it simpler to know who’s at fault – the dog owner. However, with a store being partially at-fault, you would also have to file a claim against their liability insurance. While every case is unique, the claims process after a dog bite includes:
- Filing a claim with the dog owner’s insurance – Usually, you’ll be making your claim with the homeowner’s or renter’s insurance of the dog owner. Give them clear details about what happened, your injuries, and your losses.
- Filing a claim against the store’s liability insurance – Much like the insurance claim against the owner, also filing a claim against the store’s liability insurance can help you recover some of your losses.
- Negotiating a settlement – The insurance company might offer a settlement to close your claim. Our team can help you decide if the offer is fair and work to get you a settlement that covers all your losses.
- Filing a lawsuit – If you can’t agree with the insurance company, you might need to sue the dog owner to get the benefits you’re entitled to. Our team will support you in court and defend your rights.
Available Damages
In a California dog bite claim, these damages are usually available:
- Expenses for medical treatment and continued care, such as therapy or rehabilitation
- Physical and emotional pain
- Mental anguish
- Earnings you missed out on
- Harm to your belongings due to the bite
- Punitive damages, if the dog owner or store was very careless or negligent
Your damages depend on how badly you were hurt. But remember, just like any other injury claim in California, dog bite claims have a time limit. This is known as the statute of limitations, which is two years from the date of the incident. If you miss this deadline, you might not get benefits and support for your injuries.
Dedicated Support and Guidance From Maison Law
Service dogs, even being specially trained and nurtured, can still react poorly in certain situations at stores in California. When this happens, you or a loved one can end up being bitten.
At Maison Law, our team of experienced and dedicated California dog bite lawyers understand the impact these incidents can have. We’ll be there to provide you with the support you need to recover the benefits and support you deserve under the law. Contact us today for a free consultation to get started.
