At Maison Law of Visalia, we represent all dog bite victims. We work to get the maximum in recovery support from insurance companies for recovering victims of all ages.
Contact our skilled attorneys and schedule a free consultation.
It’s a no-risk way to determine the level of support patients will need to recover fully and how to hold dog owners fully responsible.
What Our Clients Say
Should I Call a Lawyer After Getting Bitten by a Dog?
If your bite only results in very minor injuries, like a few knicks and scratches, you may not need a lawyer to help with your case. However, if a dog owner’s negligence led to a serious dog bite, involving something like broken bones, deep wounds, or any other injury you should speak to a Visalia dog bite lawyer about your best options.
When injuries are serious, insurance companies for dog owners will do their best to blame victims for their bites and downplay the severity of a wound. They do this to save their companies money. Your lawyer battles back against these tactics and makes sure you receive the maximum in compensation possible. Maison Law wants you to heal and get back to your normal routine as soon as possible.
Strict Liability in California.
In many states, there is something called the “one bite rule” that allows dog owners to be free from liability if their dog hasn’t bitten anyone before. The idea is that if a dog hasn’t shown signs of aggression in the past, then the owner wasn’t “negligent” when the dog bit the victim.
California has a law that specifically rejects that rule and says that the owner is under “strict liability” for any bite damage done by their dog—even if it hasn’t ever bitten anyone or been aggressive.
California Civil Code Section 3342 states that the owner of a dog is liable for damages from a bite if:
- the damages were caused by a dog bite, and
- the person bitten was in a public place or lawfully in a private place.
Visit our page on what to do if you are bitten at a dog park.
Public Place/Lawfully in Private Place
This is a rule that protects dog owners from trespassers who then say that they were bitten by a dog. This means that before you can use the law to help you make your personal injury claim for a dog bite, you must have been bitten in a public place like a sidewalk or even if the dog came in your yard and bit you. It also means that if you were on someone else’s property unlawfully, then you couldn’t rely on the law either.
However, just because you are on someone else’s property, doesn’t mean that you were trespassing. For example, if you are delivering a package to someone’s front door, or visiting them and in their back yard, or on their property in any way that is legal, then the law applies. In fact, many attacks happen while visiting friends or family.
How Long Do I Have to File a Dog Bite Injury Claim?
If you’ve been injured by a dog and are wondering if you should file a claim, don’t wait too long. There is a filing deadline in a dog bite case that will prevent you from making an otherwise valid claim, and if you miss it, the odds of finding a loophole is very small.
The statute of limitations is two years. But victims shouldn’t wait years to file. Evidence can be lost. Dog owners and witnesses can move and become hard to contact. You should talk to an attorney right away if you think you might have a dog bite case.
How Maison Law Helps Visalia Dog Bite Victims
At Maison Law, we understand the financial damages and mental trauma you’re most likely experiencing after suffering a dog bite in Visalia. That’s why we offer the Visalia community immediate medical resources, legal representation, and a path toward recovering financial compensation for their current and future damages, which have resulted from the dog bite incident.
We’ll manage your claim, get you back to work, and get you the financial security you need by filing a lawsuit on your behalf to recover the costs of the following damages:
- Economic damages: Financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of property repair or replacement
- Non-economic damages: These are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: These are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior (knowingly allowing a dangerous dog to attack others)
- Actions performed out of spite
How to Report a Visalia 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 Visalia Police Department, typically accompanied by a medical unit.
If your dog bite is not severe and the dog has been restrained, then you should contact Visalia 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.
Important Visalia Dog Laws
The city of Visalia requires dogs to be restrained at all times unless in a specified area where dogs can be off-leash. The two designated “off-leash” dog areas include Cody Kelley Bark Park and Seven Oaks Dog Park.
Visalia requires that dog owners get their dog licenses. A dog license serves as a means of identification for your dog and is required by law for dogs four months or older, according to the City of Visalia. Failing to get a license for your pup could result in a $251 citation.
Violations of this law could come into play via the “Negligence Per Se” law.
Visalia Dog Bite: “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. So, if a dog was in violation of a statue, which resulted in you being bitten, then you would have a strong case against the responsible party. The next step would be consulting with Maison Law to collect evidence of carelessness and damage done to your life.
Proving Visalia Dog Bite Liability
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 had a lawful right to be on private property when they were bitten
- The victim suffered an injury as a direct result of the dog bite
When a claim is filed for a dog bite incident, evidence is typically how these cases are determined. At Maison Law, we understand that evidence is the foundation on which your dog bite case stands. It provides a factual baseline to establish liability against the dog owner, demonstrate the extent of your injuries, and justify the compensation you are owed.
The evidence we gather for the majority of our injured dog bite victims includes:
- Documentation from animal control
- Police reports
- Eyewitness statements
- Video surveillance of the attack
- Medical records (pre and post-dog bite)
- Copy of the dog owner’s insurance policy
- Prescription drug costs, bank statements, and other out-of-pocket expenses
- Pictures of the wound and where the incident occurred
Comparative Negligence in a Visalia Dog Bite Incident
If another person’s dog bit you and caused you injury, you have the right to pursue compensation from them through a lawsuit. Once a lawsuit is filed with the courts and the responsible party is made aware that you’ve taken legal action, it is not uncommon for them to argue that you are partially to blame for your injuries.
For example, what if you entered your neighbor’s yard while ignoring the “Beware of Dog” sign? Or maybe you try to pet a dog after being warned not to, and you get bitten. How does this affect your case?
In these scenarios, the state of California applies Comparative Negligence Law to your case, which causes your compensation to be reduced by a certain percentage at which you are found at fault. Fault is determined by a judge or jury. So, if you are rewarded $20,000 for your damages, but you are found 25% responsible for your injuries. You will receive $15,000 as your award has been reduced by 25%.
Damages in a Dog Bite Case
If you’ve been bitten by a dog, then you already know what damage can be done to you. In any personal injury, the law allows the victim to recoup financial losses for being injured. Some are obvious like medical bills and lost time from work. Others are not so easily defined such as pain and suffering, but money is the only way to compensate someone, so the law will try to put a money value on intangible things. Some of these damages are:
- Medical bills
- Lost time from work
- Permanent disability
- Transportation to treatment
- Rehabilitation
- Job retraining (if you can’t do your old job)
- Scarring
- Pain and suffering
- Loss of quality of life
- Loss of Consortium (physical intimacy)
- Mental anguish
- PTSD
Public Entity Owned Dog Parks
In California there is a law that exempts all owners of publicly owned dog parks from liability due to a dog attack in a dog park.
This means that if you are in a dog park that is owned by the city, county or other public entity, then you can’t sue the government for your injuries. (CGC 831.7.5)
This doesn’t stop the victim from suing the owner of the dog.
Privately Owned Dog Parks
If the park is owned by a private company or person, then the victim can sue for compensation without being affected by the public entity exception law.
However, the victim has to show that the dog park was negligent somehow. This means that the dog attack resulted in something that the owner did or didn’t do that caused the injuries.
Visalia Dog Parks
Visalia has several great dog parks that serve the community.
- Cody Kelly Dog Bark Park
- Seven Oaks Bark Park
- Plaza Park Bark Park
- Exeter Bark Park (Exeter)
Visalia Dog Bite Lawyer
Consult with an attorney who understands California’s dog bite laws, personal injury law and insurance and liability law. When you contact Maison Law, we will take the time to listen to your story and help you decide whether the case is worth pursuing.
As a respected Visalia personal injury lawyer, we will only take on the case if we think it is in your best interest.
And if you feel we can help you earn more to pay for your recovery, you won’t need any upfront money to hire a lawyer. Maison Law works on a contingency basis. It means we don’t get paid unless we win your case.
After a case victory, our fee comes out of the support a dog owner’s insurer must provide to you.
