What are California dog bite laws?
California has very strict laws surrounding dog bites. Unlike other states that only hold owners liable if their dog has bitten before, California holds owners liable for dog bite injures even if the dog had never bitten before or shown signs of aggression. Because of this stricter law on dog owners, in a dog bite case, you will only need to prove that you were bitten by a dog and that it happened either on public property or legally while on private property. However, if you were injured by a dog in another way that was not from a bite, then you will need to prove negligence like in other personal injury cases. The strict liability law solely applies to dog bites. For other injuries you will need to prove that the owner owed you a duty of care, that the duty of care was breached, and that the breach caused your injuries. If you are unsure about what kind of case you have, or just want to know more about California’s strict liability law, feel free to ask one of our lawyers.
Why do I need a lawyer for a dog bite case?
While it may seem simple to prove that you have a dog bite case, there are many different ways in which the defense may try to prove that they are not liable. Possible defenses are:
- You were trespassing
- You provoked the dog
- The defendant was not the dog’s owner
- The dog was acting in self defense
- You were not injured
- Your injuries were not from the dog
- The defendant exercised reasonable care to restraining a dangerous dog
- The dog was carrying out military or police orders
These are some exceptions to the strict liability law, and the defendant may try to use this against you. In this case, this is why getting help from a lawyer will greatly benefit you and increase your chances of receiving compensation for your losses.
What kind of compensation can I recover from a dog bite case?
Most dog bite cases usually sue for compensatory damages. Examples of these are:
- Medical bills
- Physical or vocational therapy
- Psychological counseling
- Lost wages
- Lost earning capacity
- Pain and suffering
- Loss of the use of a limb
In some cases, you may be able to even recover punitive damages. This is in special cases where it’s been demonstrated that the defendant acted particularly malicious. While you do not have to file a police report after your bite, if you choose to seek punitive damages, this may make it easier. A local animal control officer will investigate your case and may be able to determine that the dog that bit you was dangerous. Moreover, you and the owner are required to report the bite to the local county health officer regardless if you decide to take legal action or not. To see what kind of case you have and what kind of compensation you might be able to recover, speak with one of our skilled attorneys now.
What happens to the dog?
California law requires that the dog be quarantined, usually for ten days after it has bitten. Dogs are not usually euthanized, except in special cases such as:
- The dog has bitten a persona on at least two separate occasions, or
- The dog was trained to fight, attack, or kill someone and it bites someone even once and it causes substantial physical injury
Every case is different, and what happens to the dog will depend on the context and severity of your injuries.
Why should I choose Eldessouky Law in a dog bite case?
Our law firm is stands out from other California personal injury firms because we are dedicated to our clients and their well-being. We do not charge any extra fees, and instead turn the focus to our client’s story and how we can win with the strongest case possible. We offer free legal advice and free representation. Our very skilled lawyers ill work hard to give you a great experience after a less than ideal experience with a dog. Your dog bite case will be in good hands if you choose to work with Eldessouky Law.