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A Dog Bit Me in California – What’s Next?

Dogs play a significant role in the lives of thousands of Californians, offering companionship, unconditional love, and protection. The American Veterinary Medical Association reports that there are over 76 million dogs in the United States alone. With such numbers, it’s inevitable that there will be instances where a dog’s instinct to protect can lead to unfortunate bite incidents. Even worse, these incidents can be highly traumatic and cause both physical pain and emotional trauma to the victim.

Given the seriousness of the physical, mental, and emotional trauma caused by dog bites, the state of California has implemented laws to determine responsibility for these injuries. In these unfortunate situations, it’s crucial to understand what your next steps are. In order to do this, you should seek the guidance of skilled California dog bite lawyers that can provide dedicated representation to you and your family.

Support From Experienced California Dog Bite Lawyers

At Maison Law, we understand the unfortunate and traumatic nature of dog bite injuries. Regardless of the circumstances leading up to your injury, we are here to help you navigate the legal process of obtaining the necessary support and benefits from the dog’s owner. Our team can explain the full range of your legal options and provide you and your family with a roadmap for the claims process.

To set up a free, no-obligation consultation, please contact us today.

What Can Cause Dog Bites in California?

Dog bite accidents can occur unexpectedly or due to circumstances beyond your control, making them one of the most unfortunate types of accidents. It’s important to recognize that even dogs with calm and gentle temperaments can sometimes resort to biting when they feel threatened or provoked. However, there are often specific factors that contribute to dog bite accidents in California, including:

  • Fear or feeling threatened – Dogs may bite if they feel scared or perceive a person or another animal as a potential danger. This is particularly common in dogs that haven’t been properly socialized.
  • Pain or illness – Dogs in pain or discomfort from an illness may resort to biting as a reaction. This can make them more irritable and prone to biting.
  • Protective instinct – Some dogs bite to protect their territory, food, toys, or family members. They may view strangers as a possible threat and respond defensively.
  • Lack of socialization or training – Dogs that haven’t been adequately socialized or trained are more likely to bite. This is especially true if they haven’t been exposed to different people, animals, and environments.

Understanding these potential causes of dog bite accidents can help raise awareness and promote responsible ownership. However, it can also help prepare you for what to do next if and when you’re bitten by a dog in California.

What Should You Do After a Dog Bites You in California?

Even though there is a strict liability law for dog bites, there are still steps you’ll need to take after you’ve been bitten by a dog in California. These steps include the following:

  • Get medical help – Your health comes first. Go to a doctor or hospital right away, even if the bite doesn’t seem serious. It’s important to have a professional check and treat the wound properly. Dog bites can cause infections and other problems.
  • Take pictures and gather information – Use your phone or camera to take pictures of your injuries and where the dog bite happened. These pictures can be useful evidence later. If you can, try to get information about the dog and its owner, like their name and contact details.
  • Report the dog bite – Call your local animal control or the authorities to report what happened. They will document the incident and may investigate further. This helps keep others safe in case the same dog bites someone else.
  • Find witnesses and collect information – If there were people around when the dog bit you, get their names and phone numbers. Their statements can support your case. Also, write down any important details you remember, such as the dog owner’s name or address if you know them.

Taking the above measures after a dog bites you is a very important part of strengthening a potential claim. The second part of that equation, though, is understanding how California law approaches dog bites.

How Does California Law Approach Dog Bites?

In California, specific statutes are in place to address dog bites that occur throughout the state. These laws are outlined in Section 3342 of the California Legal Code, which establishes that dog bites are the sole responsibility of the dog’s owner. Legally, California follows a “strict liability” principle, holding owners liable for any injuries caused by their dog, even if the injury was unintentional.

To prove that the owner is responsible, you need to show that they were “negligent”. This means you have to prove four things:

  • The dog belongs to the owner or was in their possession.
  • The owner had a duty to take reasonable care to prevent the dog from hurting you or others.
  • The owner didn’t do what they were supposed to do to prevent the dog from hurting you.
  • The owner’s breach of their duty directly caused your injury.

Once you show that the owner was negligent, they have to pay for your injuries and other damages. This includes your injuries and any damage to your property. Each dog bite case is different, so depending on what happened and where it happened, there might be other types of claims you can make, like if the bite happened in a dog park.

Sometimes, your own actions can affect the outcome of your claim. If you were trespassing on the owner’s property or if you provoked the dog to bite you, it might reduce the amount of money you can get. This is called “comparative negligence.” It means that if you were partly at fault for the bite, your compensation can be reduced.

What’s Next After a California Dog Bite?

Remember, you’ll most likely have to deal with the dog owner’s insurance company throughout the claims process, which can sometimes be challenging and time-consuming. Generally speaking, there are two ways to initiate a claim for damages: filing an insurance claim or filing a personal injury lawsuit. Working with our team of experienced California dog bite lawyers can make the process easier for you, and can also help you decide which option is best for your situation.

Damages that may be available in a dog bite case in Ventura can include:

  • Costs of medical treatments, surgeries, and ongoing care related to your injuries.
  • Replacement or repair costs to any damage to your belongings.
  • Lost wages if your injuries caused you to miss work.
  • Costs relating to the physical pain and emotional distress caused by the dog bite, as well as any psychological trauma caused by the incident.
  • In cases where the dog owner’s behavior was particularly reckless or intentional, punitive damages may be awarded as a way to punish the owner.

The specific damages available in your case will depend on the details of the incident and the severity of your injuries. It’s important to note that there is a time limit for filing a dog bite claim in California, known as a “statute of limitations.”. You generally have two years from the date of the injury to take legal action.

Contact Maison Law After a California Dog Bite Accident

Dogs are usually loving and loyal companions that bring joy to our families. That’s why it’s so unfortunate and heartbreaking when dog bite incidents occur. Most of the time, these animals are just doing what comes naturally to them, which is protecting their territory. Ultimately though, being a dog owner carries a lot of responsibility. When a dog bite happens, the law in California is clear: the owner is accountable and should be held responsible for any injuries.

If you or someone you care about has been injured in a dog bite incident in California and want to know what options are available to you, contact us for a free consultation. We are here to provide guidance and support during this difficult time.