Dog bites

Under California's strict liability dog bite law, an owner is responsible for a bite even if the dog never showed aggression before. You don't have to prove negligence — only that the bite happened and caused injury.

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Understanding Dog Bite Incidents: Your Rights and Legal Options

Dog bites can cause significant physical and emotional trauma, often leaving victims with lasting injuries. In many cases, these incidents occur without warning, leaving dog bite victims unsure of their legal rights and the best way to seek compensation. If you or a loved one has been involved in a dog bite incident, it’s crucial to understand your options and the legal protections available to you.

At Benson Law, our experienced dog bite lawyers are dedicated to helping victims of dog bites navigate the complexities of personal injury law. We understand the challenges that come with recovering from a dog bite injury and are committed to securing the compensation you deserve.

The Legal Landscape: Dog Bite Laws in California

California has strict laws governing dog bites, making dog owners liable for injuries caused by their pets. Under California’s dog bite laws, an owner is held strictly liable if their dog bites someone, regardless of whether the dog had previously shown any signs of aggression. This means that dog bite victims do not need to prove that the owner was negligent; they only need to demonstrate that the bite occurred and resulted in injuries.

Understanding these laws is crucial for anyone involved in a dog bite case. Our team of experienced dog bite attorneys is well-versed in California’s personal injury laws and can help you navigate the legal process, ensuring that your rights are protected throughout your case.

What to Do After a Dog Bite Incident

If you are involved in a dog bite incident, taking the right steps immediately afterward can significantly impact the outcome of your dog bite claim. Here are the key actions to take:

  1. Seek Medical Attention: Your health is the top priority. Dog bites can lead to serious infections and other complications, so it’s essential to seek medical treatment as soon as possible. Document all injuries and keep detailed records of your medical bills and treatments.
  2. Report the Incident: Contact local animal control or law enforcement to report the dog bite attack. This helps to document the incident and can be important evidence in your dog bite case.
  3. Gather Information: Collect information about the dog and its owner, including the owner’s contact details and any relevant insurance information. This information will be crucial when filing a dog bite claim.
  4. Document the Scene: Take photos of the injuries, the location of the attack, and any other relevant details. These can serve as valuable evidence in your dog bite injury claim.
  5. Contact an Experienced Dog Bite Lawyer: It’s important to consult with a dog bite lawyer who can guide you through the legal process. An experienced attorney can help you understand your rights, evaluate your case, and pursue the compensation you deserve.

Proving Liability in Dog Bite Cases

In California, dog bite liability is based on strict liability, which means that a dog owner can be held responsible for injuries caused by their dog, regardless of the dog’s history or the owner’s knowledge of any aggressive behavior. To succeed in a dog bite lawsuit, it is essential to prove the following:

  • The Dog Bite Occurred: You must show that the bite happened and that it was the direct cause of your injuries.
  • The Defendant Owned the Dog: You need to establish that the defendant is the dog’s owner.
  • You Were Lawfully on the Property: If the bite occurred on private property, you must demonstrate that you were legally allowed to be there, such as being an invited guest or a service worker.

Our dog bite attorneys have extensive experience in handling dog bite cases and can help you gather the necessary evidence to prove liability and secure a favorable outcome.

Seeking Compensation for Dog Bite Injuries

Victims of dog bites may be entitled to compensation for various damages, including:

  • Medical Bills: This includes the cost of emergency treatment, surgeries, hospital stays, and ongoing medical care related to the dog bite injury.
  • Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income.
  • Pain and Suffering: Dog bite injuries can cause significant physical pain and emotional distress. Compensation for pain and suffering addresses these non-economic damages.
  • Property Damage: In some cases, dog attacks can also result in damage to personal property, such as clothing or personal belongings, which may be covered in your claim.

Our experienced dog bite injury lawyers are committed to helping you pursue full and fair compensation for your injuries. We understand the financial and emotional toll that dog bite injuries can take and will work tirelessly to ensure you receive the compensation you deserve.

Dog Bite Settlements: What to Expect

Most dog bite cases are resolved through settlements rather than going to trial. A settlement allows both parties to avoid the uncertainty of a court decision and reach a mutually agreeable resolution. The amount of the settlement will depend on various factors, including the severity of the injuries, the impact on the victim’s life, and the insurance coverage available.

Working with experienced dog bite attorneys is crucial to negotiating a fair settlement. Our team at Benson Law has a proven track record of securing favorable settlements for dog bite victims, ensuring they receive the compensation they need to move forward.

FAQs

No legalese. No runaround.

Should I report a dog bite?
  • Yes, reporting helps track dangerous animals and prevents future attacks.
  • Animal control may investigate to determine if the dog poses a risk.
What if I was trespassing when bitten?
  • If you were unlawfully on private property, the dog owner may not be liable.
  • However, exceptions exist, especially for children or cases of excessive force.
What if the dog has no history of aggression?
  • California does not follow the “one-bite rule.” Under California's strict liability law, a dog owner can be held responsible even if the dog had never shown aggression before.
  • This means you may have a valid claim regardless of the dog's history, as long as you were bitten while lawfully in a public or private place.
Can I sue for a dog bite?
  • Yes, you may have a legal claim for medical expenses, lost wages, pain and suffering, and other damages.
  • Liability depends on state laws and the circumstances of the bite.
Who is responsible for a dog bite?
  • In California, the dog owner is generally responsible for injuries caused by their dog.
  • California follows a strict liability rule (Civil Code § 3342), meaning the owner can be held liable even if the dog had never bitten anyone before and showed no prior signs of aggression.
What should I do immediately after a dog bite?
  • Wash the wound with soap and water.
  • Apply an antiseptic to reduce infection risk.
  • Seek medical attention if the bite is deep or bleeding heavily.
  • Report the bite to local animal control authorities.
  • Gather information about the dog and its owner.

Don't take our word for it.

”I can't say enough good things about Matt Benson. From the moment I reached out, he took time out of his incredibly busy schedule to review my case with care, patience, and genuine empathy. What stood out most was his honesty and transparency. He didn't sugarcoat anything but instead gave me thoughtful, clear advice rooted in what was truly best for me and my situation. He walked me through various strategies and options, answered all my questions without hesitation, and made sure I felt fully informed every step of the way.

K.C.

”After speaking with several attorneys who dismissed my case as weak or insignificant, I connected with Matt Benson. Unlike the others, Matt took the time to review my situation thoroughly and recognized its merit. He agreed to represent me, and thanks to his skill, dedication and guidance, we won (with compensation nearly double what I had initially hoped for). Exceptional attorney, highly recommended.”

R.A.

”These guys are fantastic. They keep you informed and answer any questions you have, even after hours — you don't have to wait till the next day. Super kind and polite. Thank you!”

S.S.