A “beware of dog sign” usually will not impact an owner’s liability for dog bite injuries in California. State law generally holds a dog owner financially responsible for bites, regardless of their prior knowledge of their dog’s aggressive behavior or attempts to warn the public.
If a dog bit you or someone you love, you may have a claim for financial compensation. A abogado de mordedura de perro with our law firm can tell you more about your rights and legal options.
Dog Bite Liability in California
Según el CCP § 3342, dog owners are strictly liable for bite injuries. Strict liability means owners are responsible for damages arising from a bite, even if they had no prior knowledge of their dog’s viciousness.
Strict liability applies to victims bitten on public property and lawfully on private property, including the dog’s owner’s property. An individual is lawfully on a property if they have the owner’s expressed or implied invitation or must perform a public duty, such as delivering the mail.
“Beware of Dog Signs” Usually Do Not Impact an Owner’s Liability
A “beware of dog” sign usually will not impact an owner’s liability because knowledge of prior viciousness does not negate an owner’s responsibility for damages. However, because strict liability does not apply to those no lawfully on a property (i.e., trespassers), a “no trespassing” sign could affect a dog bite claim.
In addition, strict liability does not apply in cases where a victim provoked a dog to bite or instances where a bite occurs while a law-enforcement animal is carrying out its job duties. Strict liability also does not apply to dog-related injuries other than bites (e.g., if you were injured while running away from a dog) or injuries caused by other types of pets.
Compensation for Dog Bite Injuries
Many homeowners and renters insurance policies include dog bite expenses, even when the bite does not occur on the covered property. Therefore, you may be able to recover your losses through a claim. If insurance is not an option, you can seek compensation with a lesiones personales demanda.
In general, dog bite damages may include:
- Medical treatment. Dog bite victims can recover medical costs, including emergency department services, hospitalizations, antibiotic treatments, rabies treatment, prescription medications, medical and cosmetic surgeries, and physical therapy.
- Ingresos perdidos. You can seek lost wages and employment benefits from work missed due to a dog bite. If the bite results in permanent damage that affects your work capabilities, you can seek compensation for your lost earning potential.
- Dolor y sufrimiento. Pain and suffering damages may include financial awards for stress, depression, fear, trauma, severe and chronic pain, scarring, disfigurement, and reduced quality of life.
- Property damage. You can seek the value of any personal items damaged during your dog attack, such as laptops, cell phones, watches, and jewelry.
- Muerte por negligencia. Dog bite injuries can be fatal. If your loved one passed away due to bite complications, you may qualify for compensation for medical bills, funeral and burial expenses, lost income, and loss of the deceased’s guidance, assistance, love, companionship, and society.
What Should You Do If a Dog Bites You?
There are a handful of things you can do to protect yourself and your right to compensation after a dog bite:
Treat the Wound
Según el Cleveland Clinic, the primary health concern with dog bites is infection. As soon as you suffer a bite, you should thoroughly clean and bandage the wound using antibiotic cream. If the wound is large, deep, or breaks the skin, or you experience redness, swelling, pain, or fever, seek medical attention to treat or prevent infection.
You should also seek medical treatment if you do not know if the dog was vaccinated or whether you are up to date on your tetanus shots. Seeing a doctor will protect your health and create a medical record for your claim.
Collect Evidence
If possible, gather as much information as you can immediately following the dog attack. You should:
- Get the name, address, and contact information of the dog’s owner and their insurance information.
- Find out if the dog is up-to-date on its rabies shot and other vaccinations, and get the name and contact information of the animal’s veterinarian.
- Take photographs of the scene of the accident and your injuries.
- Save medical treatment records, medical bills, and proof of other expenses related to your injury.
Promptly File Claims or Take Legal Action
If you can pursue a homeowners or renters insurance claim, you must do so within the deadlines stated by the policy. This window may be short, so it is a good idea to get started right away.
If you hire a lawyer, they can manage the deadlines for you.
If insurance is unavailable or you cannot secure a fair settlement, you can file a dog bite lawsuit. According to PCCh § 335.1, you have two years to seek compensation for personal injury or muerte por negligencia. If the statute of limitations expires, you likely cannot seek damages in civil court, so act promptly.
Consider Hiring a Dog Bite Lawyer
Strict liability laws do not prevent dog owners from mounting a defense. Liable parties may claim you provoked the dog to attack or allege that your negligence caused your injury, which could reduce your recoverable damages.
Working with a dog bite lawyer from our firm can give you an experienced legal ally who can fight back against tactics designed to reduce your compensation. We can also do the work needed to build your case while you focus on healing.
Our team can:
- Collect case evidence
- Identify and pursue all of your losses
- Prepare and file paperwork
- Track and follow deadlines
- Communicate with involved parties on your behalf
- Aggressively negotiate for a fair settlement
- File a lawsuit and represent you at trial if necessary
Contact KJT Law Group About Your California Dog Bite Case
A “beware of dog” sign does not impact an owner’s liability in most California dog bite cases. Under the state’s strict liability laws, you can pursue compensation for damages resulting from a bite.
KJT Law Group can help you fight for full and fair awards. We can also stand up to tactics aimed at reducing your settlement. Contact us online or call now for a free case evaluation.