Each day, nearly 1,000 people require emergency medical treatment for dog bite injuries, and roughly 12,480 dog bite victims are hospitalized from a preventable dog bite injury, according to DogsBite.org. Fortunately, in Plumas County, dog owners can be held liable under strict liability laws, and the attorneys at Maison Law will use these laws to protect your right to compensation. We specialize in helping dog bite victims in the Plumas National Forest communities reach a successful conclusion to their dog bite incident. Our firm will negotiate a firm settlement on your behalf, as well as build a strong case if your dog bite incident goes to trial.
Don’t spend another second wondering what you could have done after suffering a dog bite injury. Contact the Maison Law today for a no-cost, no-obligation consultation and see what legal options are available.
Do I Need a Lawyer for a Dog Bite?
If you only suffered minor scrapes or bruises from a dog bite incident, then you will most likely not need the help of a lawyer. However, if your injuries resulted in medical treatment, or missed time at work, then it is recommended to consult with a Dog Bite Attorney who represents injured victims in the Plumas National Forest area.
At Maison Law, we understand how overwhelming the legal process can seem after a dog bite. Many injured dog bite victims we help in Plumas County are typically hesitant to take legal action because they don’t want to sue a dog owner. But with us, we never sue individual people, only the insurance company. So, even though the owner of the dog who bit you will be held responsible, we will be seeking compensation through their insurance policy, not their personal assets. With our legal representation, we will file a lawsuit on your behalf against the insurance company to recover the full extent of the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the dog owner engaged in reckless behavior with the intention of hurting you, such as training the dog to harm you or knowingly putting you in harm’s way, then you could sue for punitive damages
In most cases, the more severe your injuries and the longer they impact your life, the greater your compensation will be. Give us a call at your earliest convenience, and we’ll help you understand the value of your case.
What Info is Needed During a Law Firm’s Intake Process?
The intake process usually starts off with a questionnaire to assess the merits of the case. This questionnaire will provide the law firm with key information to help determine if a case is worth pursuing or not. However, if you’d like to speak directly to an attorney, you can usually set up a brief meeting to discuss the details of your situation prior to answering a questionnaire. The following data is what potential clients will need to begin the intake process with a law firm:
- Employment details: current or former employer, job title, dates of employment, and compensation information.
- Nature of the complaint: type of carelessness that led to your injury (premise liability, car accident, defective equipment)
- Timeline of events: dates of key incidents, formal complaints filed, relevant communications with employer
- Witnesses: names and contact information of potential witnesses to the alleged misconduct
- Documentation: list of relevant documents (x-rays, MRIs, doctor’s diagnosis, physical therapy appointments, workers’ compensation forms)
- Prior legal action: if you’ve filed previous personal injury claims, then the details of your previous case may be relevant to your new case
- Medical information: details about your medical diagnosis and treatment plan
- Social media presence: your injury may be documented online, as well as you discussing the details of your personal injury
Initial Consultation With a Personal Injury Lawyer
Most personal injury lawyers offer free initial consultations. During an initial consultation, you are under no obligation to hire the attorney or pay them a fee for their services. In the same breath, an attorney is under no obligation to represent you in your personal injury case. Before your first meeting with a potential lawyer, you should be prepared. You can present your case to a lawyer in a professional manner by:
- Jotting down the key points in your case to share with them, or give them a written copy
- Bring the names, addresses, and telephone numbers of everyone connected with the case
- Bring all papers related to the case as they might be helpful for the lawyer to review
- Prepare questions for the lawyer such as:
- Have they handled similar cases to yours?
- Did they settle or go to trial?
- How many clients have they represented in court?
- How many trial cases have they won?
The more prepared you are, the better your initial consultation will be. Be aware, that if a lawyer is unprepared to answer your questions or makes bold promises about the outcome of your case, then you may want to consider speaking with a Dog Bite Lawyer at Maison Law.
California Dog Bite Liability Law
California Civil Code Section 3342(a) states that the owner of any dog is liable for damages caused by a dog bite. Even if the dog has not shown any aggressive behavior in the past, the owner is still liable. California is a strict liability state, so it does not matter whether the dog owner was careless or not; they are still liable if their dog bites another person. The law also states the owner is liable if the victim is bitten on public or lawfully private property.
Basically, if someone else’s dog bites you, the dog owner is most likely going to be financially responsible for your dog bite injuries. This is true regardless of whether the dog owner was acting carelessly or not. However, there are exceptions to this rule. If you were provoking or harassing the dog in any way, then your financial recovery will be reduced by your percentage of fault. Fault does not keep you from receiving compensation if you are injured in a dog bite incident, as stated in Comparative Negligence Law.
Comparative Negligence Law in Dog Bite Incidents
If you’re bitten by a dog in California, the state’s Comparative Negligence Law allows for your compensation to be reduced by a certain percentage at which you are found at fault. For example, your compensation can be reduced if you are found liable for any of the following:
- Provocation: if the dog bite victim provoked the dog or engaged in aggressive behavior
- Trespassing: if the victim was bitten due to unlawful trespassing on the property
- Assumption of risk: if you’re aware of the risk of interacting with a dangerous dog
- Contributory negligence: you acted in a careless manner, which resulted in the dog bite
- Lack of causation: the owner’s actions did not cause the bite to occur
If you are partially at fault for any of the above reasons, then a jury or judge will assign you a percentage of fault to both you and the dog owner, reducing your compensation accordingly. For example, if you’re found 30% at fault, and you’re awarded $100k, then you’re reward will be reduced by 30%. This will leave you with $70k in compensation. So, even if you are partially to blame for your dog bite injury, you should not be dissuaded from seeking legal representation through Maison Law.
When is a Dog Owner NOT Liable for Their Dog Biting Someone?
If someone is bitten while lawfully on another person’s property or in a public space, they can take legal action against the dog owner. However, there are exceptions when dog bite victims are not entitled to compensation. These exceptions apply if:
- The victim was trespassing or was not legally permitted to enter the property: trespassers may not be entitled to compensation for a dog bite, but the owner may still be at fault if they failed to restrain the dog or provide proper warning, even for trespassers.
- The victim provoked the attack: victims who are bitten due to harassing, striking, or annoying the animal may not be entitled to full compensation.
- The victims knew there was a risk of being bitten: veterinarians, kennel workers, and other dog-care professionals may not be entitled to compensation after a dog bite because they assume the risk by working in that specific field.
- The dog was a law enforcement dog: dogs operating at a crime scene or helping law enforcement are considered government entities and are protected from personal injury lawsuits. Unless the victim was an innocent bystander, it will be difficult to receive compensation for a dog bite from a government dog.
Premise Liability in Dog Bite Cases
When a dog bite occurs on someone’s property, the property owner could be sued for premises liability, depending on the circumstances. In this section, we’ll cover scenarios where a property owner could be found liable for a premises liability if their dog bites someone. California law states that property owners have a duty of care to maintain a safe environment for visitors. This includes taking the necessary steps to prevent foreseeable harm. This can extend to dog bites, where a property owner might be held liable for the following scenarios:
- Knowledge of a dangerous dog: if the property owner knew their dog was dangerous and failed to warn visitors, they could be held responsible.
- Failure to enforce lease agreement: If a landlord allows a tenant to keep a dog, even though it violates the lease agreement, and the dog injures someone, the landlord could be held responsible.
- Careless security: If a property owner does not secure a dog or post warning signs, and the dog attacks someone, they can be held liable.
- Failure to remove a known threat: If a landlord received complaints about a dangerous dog and failed to act, they could be held responsible.
Where Do Dog Bites Occur in the Plumas National Forest Area?
Dog bite incidents in Plumas County are most common in the national parks where dogs are permitted. Dogs are also allowed in the Black Rock Walk-In Tent Campground as well. Plumas National Forest requires dogs to be kept on a 6-foot leash at all times to prevent dog bite incidents. Popular dog walking locations within the national forest include:
- Jamison Lake
- Long Lake Loop Trail
- Frazier Falls Trail
Unfortunately, some dogs can get overstimulated around different people or areas where they have more freedom and end up biting someone. For these reasons, leashes are typically required, but if a dog is off-leash, the dog owner can be held liable for damages. The following are places where dog bites in Plumas County can also occur:
- City Parks and Recreation areas: Parks are high foot traffic areas, increasing bite risk, especially for small children.
- Neighborhood Sidewalks and Streets: Dogs can get loose or escape their yards, making strangers seem like trespassers to a dog’s perceived “territory,” resulting in a dog bite.
- Private Residences: Guests who have been invited to another person’s house could set off a dog that is not used to “strangers.”
Contact a Plumas National Forest Dog Bite Lawyer
Dog bites can be extremely traumatic and costly. By law, injured dog bite victims have the right to hold dog owners responsible for damages done to their lives through a lawsuit. The word “lawsuit” tends to have a negative connotation, implying years of legal battles and financially going after other individuals. But at Maison Law, we make the process of reaching a successful outcome quick and easy.
Our law firm has the legal resources to get your case resolved and get the financial results you need. So, don’t waste another second wondering what you should do after suffering an injury from a dog bite. Contact Maison Law today for a free consultation and see what legal options are available for your situation.
