Dog Bites and California Law: What Victims Need to Know

Dog bites can be unpredictable, violent, and life changing. Whether you find yourself taking a walk around your neighborhood, at a friend’s house, a public park or beach, a dog bite can leave behind serious physical injuries–and emotional damage that last far longer.

California households have on average 1.6 dogs, suggesting many are multi-dog families. You might feel safe around dogs when visiting friends or family, but statistics show that over 80% of dog bites actually happen at home—often involving dogs that are familiar to the victim.

Fortunately, dog owners are held strictly liable for bites in the state of California, meaning that victims have strong legal rights from the moment the injury occurs. But, many suffer in silence, unsure of what to do next or whether they even have a case.

Why is a dog bite risky?

At first glance a dog bite may seem like a minor injury–a scratch or puncture that may heal with time. But the reality to it is that dog bites can present a number of complications. Dog bites can lead to severe infections, nerve damage, facial disfigurement, scarring, and even emotional trauma.

About 1 in 5 bites require medical attention due to their severity and may even require extended stays at a hospital. Pasteurella is the most common type of dog bite related infection, accounting for about 50% of dog bite cases. Dog bite victims can also contract infections like staphylococcus aureus, corynebacterium, anaerobes, capnocytophaga, canimorsus and rabies in extremely rare circumstances.

What to do if you’ve been bitten by a dog

If you find yourself to be bitten by a dog you must remain calm and assess the situation adequately in order to ensure both your safety and to support your legal and medical response.

Here are a few steps to follow should you or a loved one be affected by a dog bite:

1)     Identify the dog and its owner as well as any others who may have been involved (e.g., employers of the dog owner, landlords renting property to the dog owner)

2)     Document the scene through photos, videos, recordings, witness contact info, etc.

3)     Consult with a medical provider immediately.

4)     Consider reporting the bite to your local animal control in order to create an official report and to prevent future attacks on others.

5)     Contact Gomerman & Bourn for a free consultation. You don’t have to navigate the aftermath of a dog bite alone. Our experienced team is ready to guide you through the legal process and fight for the compensation you deserve.

Don’t Let Fear of a Being in a Lawsuit Stop You From Getting Justice

Under California’s strict liability statute, California Civil Code § 3342, dog bite claims can be more straightforward than other types of claims. Liability often falls directly on the dog owner, resulting in compensation for the injured party without the need for a drawn-out legal battle. Many dog bites are covered under homeowners or renters’ insurance policies. According to the American Veterinary Medical Association, the Insurance Information Institute, and State Farm, the average dog bite settlement in California is about $69,272.

If a dog bites you, you may be entitled to compensation for medical expenses, pain and suffering, lost wages, and more. It should be highlighted that if you are bitten by a dog you must still prove that the circumstances of the attack make the owner liable. What does this mean? You must be able to prove that the dog owner has legal ownership of the dog and that the accused dog was responsible for the attack. You also must prove the causal relationship between the harm you claim and the dog bite (e.g., emotional trauma, scarring, pain).

Because California is a comparative negligence state, you will need to also show that you acted recently under the circumstances. However, even if you were negligent in any way, for example, if you were trespassing, you may not be completely barred from recovering money. Every situation is unique, and you should call our office so we may assess your situation.

If you or a loved one has been bitten by a dog, don’t wait. Early action can make all the difference in preserving your rights and building a strong case. Contact us today or give us a call at 415-545-8608 for a free, no-obligation consultation, and let us help you take control of your recovery.

Gomerman|Bourn and Associates specializes in employment law and personal injury cases. Since opening its doors in 2012, they have recovered well over $100 million for their clients. To learn more about Gomerman|Bourn and Associates, visit www.gobolaw.com