Understanding Your Legal Rights After a Dog Bite in California

Getting bitten by a dog is a jarring experience. Not only do you have to deal with the physical pain, but there are also legal and financial concerns to navigate. Fortunately, if you’ve been bitten by a dog in California, the law provides protections to help you recover damages. Here’s what you need to know about dog bite incidents, the owner’s legal responsibilities, and how you can take action.

Overview of Dog Bite Incidents in California

Dog bites happen more often than you might think. In California alone, about 48,600 people visited the emergency room for dog bite injury treatment in 2022. Whether it’s a seemingly friendly neighbor’s dog or an unfamiliar one, bites can result in serious injuries, from puncture wounds to more severe complications like infections or nerve damage.

One reason for the high number of dog bites in California is the sheer volume of dog ownership, which has grown since the COVID-19 pandemic. With so many dogs and people living in close quarters, it’s no surprise that bites are relatively common. Still, the injuries caused by a dog bite can lead to medical bills, lost wages, and emotional distress. That’s why it’s important to understand your rights and how the law works when these unfortunate incidents occur.

California’s Strict Liability Law for Dog Bites

California has some of the strictest dog bite laws in the country, following what’s known as “strict liability.” This means dog owners are responsible for injuries their pet causes, even if the dog has never been aggressive before. It’s a solid legal protection for dog bite victims because it eliminates the need to prove negligence.

Under California Civil Code Section 3342, the dog owner is legally responsible for the victim’s injuries if their dog bites someone while in a public place or lawfully in a private place (including the owner’s property). This means the owner (or, more likely, their insurance company) must pay for the victim’s medical bills, lost income, and pain and suffering damages. This is true even if the dog had no prior history of biting and the owner claims they had no idea their pet was dangerous.

How and Where to Report a Dog Bite

Reporting the incident is one of the first steps to take if you’ve been bitten by a dog. Contact your local animal control agency or the police department to explain what happened. Provide a description of the dog, where the incident took place, the bite’s location on your body, and the owner’s contact information, if known.

Animal control will typically conduct an investigation and may quarantine the dog to check for rabies. Reporting the bite helps authorities track dangerous dogs and ensures public safety. Having a formal report on file is also valuable if you decide to file a dog bite lawsuit. It serves as evidence that the bite occurred and that the dog in question was involved.

Dog Owner Responsibilities Under California Law

Besides being held responsible if their dog bites someone under the strict liability law, dog owners in California have certain legal responsibilities to protect others from harm. For example, owners are required to ensure their dog is not a danger to the public. This includes keeping the dog on a leash in public places and securing their property so the dog cannot escape.

If a dog is labeled as “dangerous” or “vicious” after an attack, the owner faces stricter requirements. This could mean keeping the dog muzzled in public or placing warning signs on the property. In extreme cases, the dog may be removed or euthanized.

Seek Legal Guidance if You’ve Been Injured

If a dog has bitten you, consult a dog bite lawyer to review your options. An experienced attorney can help you file a lawsuit and negotiate with the owner’s insurance company. While the law is on your side as a dog bite victim, be aware that insurance companies may try to minimize your claim or make a low settlement offer. A dog bite attorney will help you fight back against these tactics. Just remember, there’s a time limit (statute of limitations) to file a dog bite lawsuit in California, so don’t wait long to seek legal advice.

Contact Our Dog Bite Law Firm in Tracy, CA

At Bakerink, McCusker & Belden, we understand how overwhelming a dog bite injury can be. With over 35 years of legal experience and consistently ranked among the “Best of Tracy,” our dog bite injury lawyers provide the expert legal guidance you need. Our dedication to providing ethical and professional representation is second to none. If you have suffered a dog bite, contact us for a free, no-obligation consultation. Our team is ready to fight for the compensation you deserve.