Maison Law represents dog bite injury victims in Salinas. If you or a loved one has suffered a dog bite injury, the attorneys at Maison Law can help you get the compensation you need. We understand the immense physical pain and emotional trauma associated with dog bites, which is why we aggressively pursue fair compensation for injured victims.
You may be hesitant to pursue damages against a dog owner, but we don’t go after individuals, only their insurance policy. Don’t wait until it’s too late to take legal action. Contact Maison Law today for a free consultation and case evaluation.
Do You Need a Lawyer for a Dog Bite in Salinas?
Whether you were injured on someone else’s property or in a public place, it is advisable to discuss your dog bite incident with a Personal Injury Attorney. If you were injured as a result of a dog owner failing to keep others safe around their dog, they’re responsible for compensating you for your damages.
The challenging part of recovering damages is that insurance companies will minimize your injuries and may deny you access to fair compensation. This is where Maison Law can help. We advocate on behalf of injured dog bite victims by negotiating with the insurance company on their behalf to get them full compensation for the following damages:
- Medical costs
- Lost wages (if you have to miss work to recover)
- Retraining or re-education for job placement if you have suffered a disability from the accident
- Pain and suffering
- Loss of enjoyment of life
Most personal injury cases never make it to trial and are often settled outside of court. It is common for both the defendant and the plaintiff to reach an agreeable settlement to:
- Avoid the uncertainty of a trial
- Avoid more stress and save time
- Save on costs and attorney fees
- Protect their privacy
How to Prove a Dog Bite Injury
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 code also states the owner is liable if the victim is bitten on public or lawfully private property. In order to recover damages from a dog bite, the victim must prove:
- The dog was owned by the defendant
- The bite took place on public property or the victim has a lawful right to be on private property when they were bit
- The victim suffered an injury as a direct result of the dog bite
According to the above laws, 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 in a Salinas Dog Bite Incident
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. If you have any questions, please do not hesitate to contact us for a free review of your case.
Premise Liability in Salinas 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.
Salinas Dog Bites: “Negligence Per Se”
A person is presumed to have acted carelessly whenever they violate a law and cause injury that a statute was designed to prevent. The “Negligence Per Se” doctrine Section 669, comes into play in dog bite cases when an owner violates a law, such as keeping their dog on a leash or confined, so they cannot bite another individual. In Salinas, there are dog parks, such as Natividad Creek Park, that require dogs to be on leashes in certain areas.
So, if a dog owner failed to have a leash on their dog in one of these areas and someone got bitten, then you would have a strong case against them through “Negligence Per Se.”
Salinas Dog Bite Statute of Limitations
A dog bite case falls under personal injury law. So, much like all personal injury cases, the victim of a dog bite has two years from the date of the incident to file a personal injury claim. The two-year statute of limitation is covered in California Civil Code 335.1, which states:
“Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
Failing to take legal action within 24 months of a dog bite incident will forfeit your right to sue for compensation under this law. Legal action in a personal injury case like this would mean filing a lawsuit against the responsible party with the Monterey County Courts.
You can file a claim yourself here, however, it is recommended to consult with an attorney at Maison Law to be sure you have proper legal standing before suing another party. We make sure you meet all your deadlines and protect your long-term financial and legal interests.
Exceptions to the Statute of Limitations for Dog Bites in Salinas
In most cases, the statute of limitations for dog bite accidents begins on the date the injury took place. However, the start time can vary based on the following facts:
- Injuries: An injury can take time to form or for the injured victim to become aware of their injury. The discovery of an injury can postpone the start date for the statute of limitations on a claim.
- Wrongful death: a person may lose their life at a much later date due to health complications from the accident. In this case, the victim’s family will be given two years from the day they lost their loved one to file a claim.
- The victim was a minor: if the victim was a minor at the time of the attack, the statute of limitations will be withheld until the minor turns 18. Once the dog bite victim is 18, the two-year statute of limitations will start.
How to Report a Salinas Dog Bite Incident
If you have suffered a dog bite, the first thing you should do is call 9-1-1 if your injuries are severe or if you fear the dog is a threat to other people’s safety. There is a standard procedure when police receive a call about a vicious dog, and they will send the Salinas Police, typically accompanied by a medical unit.
If your dog bite is not severe and the dog has been restrained, then you should contact Salinas Animal Services to file an official report about the incident. Reporting the incident will provide evidence in your case if you decide to take legal action. It will also give animal control a chance to evaluate the dog and see if they poses further risks to others.
California Civil Code Section 3342.5 Dog Owners' Responsibility After a Bite
California Civil Code 3342.5 covers the necessary duties owners must follow after their dog has bitten someone. According to the California Department of Public Health, nearly five million people suffer dog bite injuries every year in the United States. Dog bites be traumatic for victims, and in some circumstances, fatal. That’s why California has established a set of laws dog owners must follow if they’re caring for a dog with vicious tendencies.
Duty of the Owner After Their Dog Bites a Human Being
If an owner’s dog bites someone, the owner must remove all dangers presented to the victim by the dog bites. Section 3342.5 covers dogs that have bitten any person on two separate occasions. In this scenario, the district attorney or city attorney will investigate the dog owner to see if the dog’s aggressive behavior is due to the dog’s living conditions, treatment, or confinement. This action is required to fix or remove the danger, which has led to multiple people being bitten. The County Court where the bite took place may also step in to order the removal of the animal from the area, or its destruction if necessary.
Can there be Criminal Charges for Dog Bites?
Criminal charges are a possibility for dog owners if their dog injures someone. If they knew their dog was prone to violent behavior and did nothing to keep it from harming another human being they can be charged. In California, according to Penal Code 398, a dog owner must give bite victims their:
- Name
- Address
- Telephone number
- Name and (if applicable) license tag number of the dog
This is so the owner can communicate with the victim about the dog’s vaccination status, or so the victim knows who to claim damages from if their injuries are severe.
Dog bites can be upgraded to misdemeanors or felonies if the victim dies as a result of the dog bite. In this case, a wrongful death lawsuit will need to be filed.
Dog Bites and Rabies Concerns
According to the County of Monterey, animal bites are a common issue in the United States with 2 to 5 million bites occurring each year. These statistics reveal that the majority of these bites are from dogs, making up 85% to 90% of all bites. One of the most serious complications with dog bites is rabies.
Rabies is a virus that causes a fatal infection in humans and other mammals if left untreated. Fortunately, rabies is rare in the United States, with only 1 or 2 fatal cases per year. However, there are 50,000 rabies prevention treatments given every year due to animal bites, according to Health University of Utah. Due to the possibility of rabies with a dog bite, it is essential to visit a doctor, not only to strengthen your injury claim, but also to prevent the spread of a fatal disease like rabies.
Salinas Dog Bite Classifications
The state of California divides dog bite injuries into two categories. These classifications help prove liability and allow for higher settlement amounts if excessive carelessness caused the dog bite injury. These classifications are as follows:
- Potentially dangerous: A potentially dangerous dog is one that has engaged in harmful behavior before and has elicited a defensive action from a person at least twice in the last 36 months. Or if a dog has bitten someone and caused semi-severe injuries. In addition, dogs that have bitten, killed, or injured another domestic animal on two separate occasions are considered potentially dangerous.
- Vicious: Dogs that have inflicted severe injuries or killed a person in an aggressive manner when unprovoked are considered vicious. If a dog continuously exhibits potentially dangerous behavior, then they can be labeled vicious after a number of offenses.
Legal Steps to Take After a Dog Bite Incident in California
There are legal steps you can take to help your case after a dog bite injury. But if you haven’t taken any of these steps yet, do not worry. We will help you complete the necessary measures to build a strong dog bite injury case. To begin building your case after a dog bite incident, it is recommended to:
- Document the incident: Take photos and write down details of your injuries, the dog, and your surroundings.
- Exchange information with the dog owner: Get the owner’s name, address, phone number, and insurance info. If any witnesses are on the scene, collect their contact information and record their testimony if possible.
- Seek immediate medical attention: Go to the nearest emergency room or see your primary care physician as soon as possible. Dog bites can lead to dangerous infections. Also, any delay in medical treatment could be harmful to your personal injury case.
- Report the incident to Animal Control: Contact your local animal control agency and report the bite. An investigation by animal control will not only be helpful to your case but can also prevent future injuries.
- Speak to an attorney: Discuss your legal options with an experienced dog bite law firm by contacting Maison Law today.
Dog Bite Settlements in California
The settlement amount for a dog bite injury claim varies significantly on a case-by-case basis. However, there are various factors that can help determine the value of your case such as:
- Extent of damages
- Medical treatment needed
- Insurance coverage limit
- Determination of fault
When it comes to your dog bite settlement, the details of your case matter. For example, if you only sustained minor injuries from the attack or you were partially liable for the incident, your settlement could result in a lower amount. So, when considering settlements for dog bite injuries, they will generally fall into three categories:
- Low Settlements: Minor accidents with little to no injuries can result in a low settlement in the low thousands to cover damage done to your property and medical bills to treat minor injuries.
- Moderate Settlements: moderate settlements can range anywhere from $10,000 to $100,000. These dog bite cases usually involve medical treatment for significant injuries, some missed work, and longer recovery periods.
- High Settlements: High settlements typically involve dog bite injury incidents with severe injuries, long-term medical treatment, permanent disabilities, or fatalities. Settlements can be substantial, potentially reaching hundreds of thousands of dollars and up to millions of dollars.
Contact Maison Law | Salinas Dog Bite Lawyers
After years of advocating on behalf of dog bite victims in California, the lawyers at Maison Law understand that dog bites not only result in physical injuries but often cause victims to suffer long-lasting mental trauma.
Our team of personal injury attorneys will help you understand the legal avenues available to you and recommend the best course of action to receive maximum compensation for your injuries. Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs, and you don’t pay a cent until we’ve won your case.
