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How to Prove Fault in a Dog Bite Case

When you or a loved one suffers dog bite injuries, you must present strong evidence to seek and recover the money you need to pay for your medical treatment, lost income, and other expenses and losses. 

Working with an experienced Los Angeles dog bite lawyer means you can focus on healing and getting back to your previous activities while the law firm takes care of your legal case. This is the best way to ensure you pursue and recover fair compensation for your full range of injuries and damages, too. Your lawyer will know the evidence necessary to prove fault and get justice in your dog bite injury case.

How Does California Law Address Fault and Liability in a Dog Bite Case?

In some states, victims of dog bites cannot hold the owner accountable for injuries that occur unless the dog has a documented history of previous bites or other violent behavior. This is not the case in California. Under CIV § 3342, a dog owner is strictly liable for any bite injury when the attack occurs: 

  • On public property; or
  • On private property that the victim is lawfully visiting

This includes bites that occur in public parks, neighborhoods, or the owner’s property, so long as the victim was not a trespasser. 

When a victim is bitten, they should report the bite to the proper authorities and get medical care immediately. If the bite is severe enough to dial 911, the first responders will care for the wound on the scene. 

What Are the Most Common Defenses in Dog Bite Cases? 

If you suffered a significant dog bite injury, you should consider working with a Los Angeles personal injury lawyer to manage your case. It can be difficult to succeed in these cases on your own, especially when the dog’s owner or their insurance carrier attempts to make allegations against you to reduce or deny your claim. 

This could include claiming: 

  • Your injuries were not serious.
  • Your injuries occurred in another way.
  • You were trespassing on their property.
  • You were provoking the dog.
  • You were responsible for your own injuries in some other way.

They may also claim that they posted a “Beware of Dog” sign, but posting this sign typically doesn’t impact their liability.

When your lawyer builds a case, they will present compelling evidence that counters any of these accusations and shows what happened and how your injuries affect your life

What Evidence Is Necessary to Build a Compelling Dog Bite Case? 

Recovering compensation in a California dog bite case requires investigating what happened and gathering crucial evidence to support your allegations against the dog and its owner. Some evidence might be in the hands of the liable party, making it important to take action to preserve that evidence right away

Working with an experienced dog bite attorney is the best option for developing a robust case that compels the insurance adjustor or jurors to provide you with the compensation you need and deserve. 

The evidence available to support your dog bite claim will depend greatly on the circumstances. Each case is unique and has its own factors, concerns, and proof. Some common types of evidence your attorney might use to prove fault in your dog bite case include:  

  • Report filed by local authorities, such as the LA County Department of Public Health
  • A police report about the incident, if available
  • Eyewitness statements
  • Video of the attack, when possible
  • Photographs and other documentation of injuries
  • Relevant medical records
  • Any previous reports of the dog’s threatening or vicious behavior 
  • Medical expert testimony about future or ongoing care costs
  • Documentation of your damages, such as medical bills and receipts for out-of-pocket expenses

Having compelling evidence to show what occurred and the events that led to the dog’s bite could be the key to recovering fair compensation based on your injuries, expenses, and other damages. 

You Must Document Your Full Range of Dog Bite Damages

To recover fair compensation based on your dog bite injuries, you must have documentation to show the expenses and losses you incurred, your estimated future losses, and your intangible damages. 

Economic Losses

Documenting your economic expenses and losses is the easiest part of proving your damages. You will need to keep all medical bills, receipts, and other documentation of your injuries, treatment, income losses, and related expenses. This could include everything from parking at the doctor’s office to renovating your home for a new disability. 

Future Expenses and Losses

Proving your future care costs and lost income is more difficult. When you hire an injury lawyer, they will have a network of experts and specialists they can call on to help document your prognosis and estimate these costs. These experts can ensure the insurance carrier or judge and jury understand the serious nature of your injuries and how they will continue to affect you in the future.

Noneconomic Damages

Your dog bite lawyer will know how pain and suffering damages generally work in these cases. They are difficult for victims to estimate on their own because they lack the experience with other similar cases and do not know how the insurance companies and courts manage these losses. 

How Long Do I Have to Prove Fault in a Dog Bite Case?

In general, California law gives victims up to two years to begin a lawsuit. Under CCP § 335.1, a two-year statute of limitations applies in both injury and wrongful death cases. Meeting this deadline is vital to protecting your rights and recovering the money you need. 

However, you do not want to wait until this deadline approaches to hire an attorney and begin your investigation. Call a lawyer as soon as your injuries are stable and you are able to make the call. This will allow us to protect your rights and begin gathering evidence quickly. 

Talk to a California Dog Bite Injury Team for Free

KJT Law Group provides free, no-obligation consultations. You can speak to our team about your injuries, expenses, and losses today for free. Contact us online or via telephone today to get started.

We Will Fight For You

Contact our firm to get started.
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