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Spanish In most cases, dog owners will be liable for dog bite injuries to delivery drivers in Los Angeles. If a dog bit you in LA, you can likely recover compensation for your medical bills, lost wages, pain and suffering, and more. Our Los Angeles dog bite lawyers can explain how California’s dog bite laws can affect your case.
Is the Dog Owner Liable Even If They Didn’t Know Their Dog Was Dangerous?
Yes. California law (CIV § 3342.5) holds dog owners “strictly liable” for any injuries their dogs cause. This is true “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” This differs from many other states that follow a “one-bite rule,” in which a dog typically needs to have a history of viciousness for the dog owner to be liable.
Is the Dog’s Owner Liable If My Injuries Are Not from a Bite?
Not always. California’s strict liability statute does not extend to people injured in ways that do not include bites. For example, if you were injured running away from the dog, the owner is not automatically liable. If you are able to prove negligence, you may be able to hold the dog owner liable. For example, if the dog owner did not
Can the Dog Owner Claim That I Was Trespassing?
They can claim it, but you have a legal right to be on the deliveree’s property as a delivery driver. A Los Angeles injury attorney can protect you from claims that you were not legally on the dog owner’s property.
Does the Dog Owner Have Any Other Defenses They Can Use?
The dog’s owner can claim that, while you were on the property legally, you provoked the dog. Our team will create a defense to that allegation.
How Long Do I Have to Hold the Dog Owner Liable in California?
Per CCP § 335.1, you have two years to file a lawsuit against the dog owner. If you fail to file within that time, the court will dismiss your lawsuit. You will still be able to negotiate a settlement, but without the threat of a lawsuit, you won’t have any leverage. You will likely need to accept whatever the insurer offers, regardless of whether it covers your losses.
What Can I Do After a Dog Bite in Los Angeles?
If a dog bit you while delivering in Los Angeles, the first thing you should do is ensure your safety. Get as far away from the dog as possible. If the dog’s owner is there, make sure they have the dog on a leash. Once you have ensured your safety, there are a few other things you should do to protect yourself:
- Check yourself for injuries. Note any discomfort you feel.
- Get the dog owner’s information. If they have a homeowners insurance or renters insurance policy, get that information, too. Chances are, that is what will cover your injuries.
- Ask the dog’s owner about the dog’s last rabies vaccination. If the dog has not received a recent vaccination, you may need rabies treatment. (Rabies treatment is often expensive, but this will be compensable.)
- Call 9-1-1 to get law enforcement and paramedics on the scene. Allow paramedics to treat you even if you aren’t sure you are injured. Adrenaline may be covering up symptoms, or you may have suffered nerve damage in the attack. Getting medical care at the scene also helps to link your injuries to the attack.
- If you did not receive medical care at the scene, go to urgent care or the emergency room at Hollywood Presbyterian Medical Center, Dignity Health, or Los Angeles General.
- Write down everything that happened as soon as you can. Traumatic experiences, such as a dog attack, can be hard to remember. By writing down what happened, you will avoid contradicting yourself later on.
- Call a dog bite lawyer as soon as possible after your attack. This will help you avoid making mistakes.
Is There Anything I Should Not Do After a Dog Bite in LA?
Yes. There are several things you can do that may jeopardize your dog bite case.
Do Not Give a Recorded Statement
You will likely receive a call from the dog owner’s insurance company soon after the attack. The insurance adjuster on the line will ask you to explain what happened and will ask leading questions in an attempt to get you to say something that allows them to deny or devalue your case. Even something as simple as “I’m okay” or “I’m sorry” can give them what they need.
We recommend that you only give them the basics of what happened and then direct any further questions to us. If the adjuster asks you if you are injured, tell them you are waiting for your doctor to get back to you.
Do Not Stop Your Medical Treatment or Skip Appointments
Skipping your appointments or disobeying your doctor’s orders can allow the insurance company to claim that you have exaggerated or worsened your injuries. If you think that you have recovered, get a second opinion, but do not stop treatment cold turkey.
Remember That You Can Negotiate for a Settlement
The first settlement the insurer offers you will likely be for much less than you deserve. Do not accept it without first running it by us. Once you accept a settlement offer, you can’t go back for more. This is true even if you later find out that you need long-term treatment that your settlement offer doesn’t cover.
Also, remember that you don’t need to take whatever you can get. You have the right to negotiate for a higher settlement. But you don’t need to handle this alone. Our team can negotiate for the settlement you deserve.
Hold a Dog Owner Liable for Your Dog Bite Injuries Today
Delivery drivers and others can hold pet owners liable for any injuries their dogs cause. Get our help doing that today.
Call KJT Law Group today for a free consultation.
