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.

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Dog Bite Injuries: Understanding Your Case Assessment

Being the victim of a dog bite is frightening and can also trigger medical bills, emotional suffering, and permanent scars. If a dog bites you, you may need to contact a personal injury lawyer to seek compensation for your expenses and prolonged pain and suffering. When you visit a lawyer in Tracy or Livermore , the first step in determining if you should consider filing a lawsuit is a case assessment. Here is what you should expect.

Assessment of the Circumstances
Your lawyer will start by asking you to explain exactly what happened when you were bitten. Your story must demonstrate that you were bitten in an unprovoked attack and that the dog’s owner should have had a reasonable expectation that the dog could become violent. If you did anything to provoke the dog, even if you were playing a seemingly harmless game, then your ability to get compensation for your injuries could be diminished. In terms of the dog owner’s knowledge of his or her dog’s aggression, if the dog has bitten someone before, there is a reasonable expectation that the dog may become aggressive again. Sometimes, it is difficult to prove that a dog owner is negligent if the animal has never previously bitten anyone. Your lawyer will also want information about where and when the bite occurred, and if you were on private property, if you had permission to be there.

Assessment of the Damages
During your case assessment, your personal injury lawyer will also review your medical bills and any other costs you incurred as the result of the dog bite, such as lost wages for time missed at work. If you received permanent scars as the result of the bite, this prolonged impact of your injury may shape the kind of damages your injury lawyer seeks. Your lawyer may also seek punitive damages and damages for pain and suffering you experience as the result of the bite, such as the stress caused by a permanent scar or a new phobia about dogs that is affecting your life.

Easy Ways to Document Dog Bite Injuries

Litigation regarding dog bite injuries isn’t as common as auto accident claims. Because of this, not all personal injury lawyers have experience handling these cases. Since the damage from a dog attack can cause substantial, lasting consequences for your finances and health, it’s essential to work with a lawyer in Tracy or Livermore who does have experience in this area. Get in touch with an attorney as soon as possible to discuss how you can support your claim with documented evidence.

Get medical help.
A dog bite should always be considered a medical emergency, even if the bite wound doesn’t appear to be severe. Dog bites are notorious for transmitting infectious diseases, and the wound may be worse than it looks. Additionally, going to the ER or urgent care clinic immediately is an easy way to document your injuries and their cause. Remember to tell the nurse and the physician that your injuries were caused by someone else’s dog. Ask them to record that fact in your medical record.

Call your local animal control agency.
Get in touch with animal control officers right away to report the incident. Give them as much information as you can about the dog, the location of the attack, and who owns the dog, if you know this person. Ask how you can obtain a written copy of the incident report.

Take pictures of your injuries.
While waiting to be treated at the hospital, take lots of pictures of your wounds. Place a common object next to each wound to document its relative size. A quarter or credit card would work well.

Keep track of your missed work days.
If you expect to miss time at work, ask the ER doctor to write a note to that effect. Even if your employer doesn’t require a note, it will be helpful for your case. Keep track of each day you miss, the wages you would have earned, and whether any of your benefits were affected. Your injury lawyer needs copies of all of these documents and logs.

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What Injuries Are Common After a Dog Bite?

Even the gentlest of dogs can inexplicably attack a person and inflict serious injuries. Puncture wounds, nerve damage, and infections can lead to significant medical expenses, lost wages, and pain and suffering. After a dog attack, you can find the help you need at the office of a seasoned personal injury lawyer serving Tracy and Livermore. Your lawyer will ask to review your medical records and documentation of your losses in order to provide effective guidance on your case.

Puncture Wounds
Given how friendly most dogs are, it’s easy to forget that they have very sharp teeth. When a dog attacks, the puncture wounds can penetrate deep into the tissues, inflicting significant pain and damage. As soon as you’ve gotten away from the dog, you should tightly press a clean cloth or bandage to all of the puncture wounds to slow the bleeding. Many dog attack victims must receive sutures in the hospital to close the wounds. To help your personal injury lawyer substantiate your case, you may choose to take pictures of your wounds.

Nerve Damage
Long after the puncture wounds have healed, you might still experience painful symptoms if the dog’s teeth inflicted nerve damage. Nerve pain can be debilitating, and it’s often accompanied by numbness, tingling, or burning sensations. You may also have muscle weakness in the area. Since nerves regenerate very slowly, these symptoms may affect you for months to come.

Infections
As your personal injury case progresses, you should periodically update your injury lawyer regarding any changes in your health. For instance, many dog attack victims develop secondary infections from bite wounds. If you experience worsening pain, increasing redness and swelling, or an abnormal, foul-smelling discharge from the wound, you need to seek prompt medical attention. It’s crucial to treat the infection before it can spread to the bloodstream.

Emotional Injuries
It can be emotionally traumatic to be attacked by a dog. You may find yourself becoming irrationally fearful when you see or hear dogs. In severe cases, dog attack victims are reluctant to go outside the home because they fear another attack. Consider speaking with a mental health counselor about these issues. Let your lawyer know if you’re receiving psychiatric care, as you may be compensated for these expenses.

Common Injuries and Infections Caused by Dog Bites

Even the most well-behaved, even-tempered dog can sometimes attack others. If you’ve been attacked and injured by another person’s dog, you’ll likely have steep medical bills and you may even have lasting health problems that require ongoing care. Fortunately, there may be legal recourse available to you. Consider talking to a personal injury lawyer in Tracy or Livermore. Your lawyer can review your case and discuss the process of seeking a settlement or filing a lawsuit. It’s important to keep careful records of your injuries and all related expenses; your attorney will need this information to obtain just compensation on your behalf.

Puncture Wounds
Puncture wounds are among the most common types of injuries caused by dog attacks. These can range from superficial scrapes to deep gashes. All types of dog attack injuries require medical care; even superficial scrapes pose a risk of infection. Plus, your medical records will substantiate the claim filed by your injury lawyer. Regarding mild to moderate puncture wounds, some experts recommend letting it bleed for a minute or two to cleanse the wound. Of course, if the wound is in your neck or head or is gushing forcefully, or if you’ve already lost a lot of blood, your first priority should be slowing the flow of blood by applying direct pressure. Then, call 911 without delay.

Staph Infections
Dog bite wounds are notoriously prone to developing infections. One common infection is the staph infection, which is caused by bacteria. These infections can be life-threatening. The signs and symptoms of staph infections can include skin redness, swelling, oozing discharge, and rashes with blisters. If the staph infection enters the bloodstream, fever and low blood pressure can result. The infection can also travel to internal organs. Additionally, staph bacteria produce toxins that can cause toxic shock syndrome, resulting in symptoms such as high fever, nausea, vomiting, abdominal pain, diarrhea, and confusion.

Post-Traumatic Stress Disorder (PTSD)
Dogs may be man’s best friend, but they can be terrifying when they attack. The fear a victim can feel during the attack can lead to PTSD. Individuals with PTSD may become unusually frightened of seeing dogs or hearing dogs bark. Some people may refuse to leave the house. PTSD can cause nightmares, depression, mood swings, and other debilitating problems.

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Although the statute of limitations for filing a dog bite lawsuit is two years, Bakerink, McCusker & Belden in Tracy, CA, advise against waiting that long to take action. If your injuries are minor or resulted in a relatively small ER bill, you may choose to wait. However, dog bites can lead to more severe and lasting issues, potentially causing significant financial strain. Therefore, it is prudent to seek legal representation immediately rather than delaying. The personal injury lawyers at Bakerink, McCusker & Belden are ready to assist you.

For more information about dog bites and our dog attack attorneys, contact us today.

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Steps to Take if You Suffer a Dog Bite Injury

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