Dog Bite Attorney

The law in California for dog bites makes the owner of the dog strictly liable to the person bitten. Strict liability means that the owner of the dog is liable for the damages the dog bite causes if the person bitten was bitten while in a public place or lawfully in a private place, including the property of the owner of the dog.

Dog Bite Lawsuit FAQs

Posted on by Rahman Law PC

Dog bite injuries are unfortunately very common which means dog bite lawsuits happen more often than you might think.  In fact, dog bites are the most common claim for liability on homeowner insurance policies according to the Insurance Information Institute.  But keep in mind, not all homeowner policies include provisions for dog bites and it’s a good idea to check your policy if you own a dog.  In California, the law imposes strict liability on the owners of a dog that bites someone, and as personal injury lawyers, we get a lot of questions about what that means.  Here, we’ll answer some of the most common dog bite lawsuit FAQs.

1. Do I need to file a police report?

There is some important information you’ll want to collect at the scene of a dog bite (if you can; if you are seriously hurt or in danger, call 911).  We talk about what information to gather in another of our blogs, “What to Ask When a Dog Bite Happens.”  You do not need to file a police report in order to file a lawsuit, but you will want to report the bite to the local County Health Officer and possibly Animal Control so that an officer can investigate the dog.  The dog will be quarantined to check for rabies. 

2. Will the dog be euthanized?

When we say the dog will be quarantined, we do not mean euthanized.  Quarantining is required; euthanasia happens under special circumstances.  California does have a euthanasia policy, but it requires the dog to have bitten at least twice before or have been specifically trained to attack (California Civil Code §3342.5(b)).  An action will be brought against the owner in such circumstances and a dog bite victim may inquire about this.  An owner has the duty to take reasonable steps to remove the danger presented by the animal (California Civil Code §3342.5(a).). 

3. Is there a statute of limitations for a dog bite lawsuit?

Yes.  It is important you contact an attorney right away if you or a loved one has been the victim of a dog bite.  Our consultations are free and we can discuss the timeline in more detail with you. 

4. Does a dog have to have bitten once before to file a dog bite lawsuit?

No, California does not require a dog to have previously bitten in order to file a lawsuit.  Per California Civil Code §3342(a): “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” 

5. Is the owner liable for lost wages?

In a dog bite lawsuit, the dog bite victim can seek to recover damages, including lost wages from time off from work due to the injury.   Damages also include medical bills or a damaged bicycle if you were cycling when the dog attacked. 

6. Can a burglar sue for a dog bite?

It’s a common myth to hear about someone breaking into a home, being bitten by the dog living there, then suing the owners of the dog for the injuries.  It is not typical for someone to recover damages for a dog bite if they are trespassing on private property or if the dog bit out of self-defense of itself or the owner. 

7. Can I sue if a dog bites my dog?

This is a common question as some dogs are more likely to bite another dog than a human.  California Civil Code §3342 does not pertain to dog-on-dog aggressions; however, your dog is your personal property and damages to your personal property can warrant a lawsuit to recover the damages (i.e. veterinarian bills). 

We hope you found the answer to your dog bite lawsuit questions here, but if you have more questions, we are happy to talk to you.  We welcome your phone calls and emails. 

Contact Rahman Law PC

What to Ask When a Dog Attack Happens – Tips From a Dog Bite Attorney

Posted on by Shaana A. Rahman

dog bite attorney san franciscoThere is no doubt the adrenaline is going to be pumping through your system at full speed if you or a loved one is bit by a dog, but knowing what to do when a dog bite happens before the attack might help you find the clarity you need to better protect yourself.  There are three phases in the timeline of a dog bite: (1) the scene; (2) the first few hours after; and (3) the following weeks.

Phase 1 – The Scene of the Dog Bite

When the attack happens and someone has been bitten, the victim should come first.  If they need emergency assistance, call 911.  Secondary to that, get as much information as you can:

  • Who owns the dog (name, address, phone number)
  • Witness(es) information (if any – name, phone number)
  • The veterinarian of the dog (they’ll have important vaccine information)
  • Is the rabies vaccine current?

It’s worth noting here if you think there was any criminal activity going on when the dog bite happened (i.e. you stumbled into a dog fighting ring), you may not want to be asking questions.  Instead, get to safety and call 911.

Phase 2 – The First Few Hours After The Dog Bite

Medical care for the victim is crucial first and foremost.  According to the Centers for Disease Control and Prevention (CDC) almost 1 in every 5 bites becomes infected.  Think about how often the average person brushes their dog’s teeth!  Medical care is still important even if the bite came from a dog within your own circle of family and friends and you don’t plan to seek legal counsel from a dog bite attorney.  In fact, the CDC reports most bites are from dogs that are familiar to us.  Because animal bites are prone to infection, it is often worth the trip to a local urgent care facility rather than risk the infection.  Bring the information you collected from the owner of the dog with you, especially information regarding the dog’s last rabies vaccine.  You may call the dog’s veterinarian if you need to verify the last rabies vaccine date.  The urgent care clinic may also want to know about your last Tdap vaccine, so call your primary care doctor if you don’t remember before you go, too.  Don’t let not having either of these two items prevent you from going to the urgent care – just know that these are items commonly asked about even if rabies is not suspected.  Be sure to get copies of everything from your visit, including the bill,  Even if you have not yet decided about seeking damages from the owner, a dog bite attorney will want to see it if you look into your options.   You may still be in shock if you’re the victim.  It’s ok to write down what you need and dates you’ve called about to take in with you.

Phase 3 – The Weeks Following the Dog Bite

After about a week or two following the attack, the victim will have a better idea of just how much damage (physical, emotional, and financial) has been done and may still be coming.  The initial shock should be settling by now but any deeper trauma might persist.  This is an excellent time to reach out to a dog bite attorney for a free case evaluation/consultation.

  • What have the medical costs been to date?
  • Will there be ongoing medical costs?
  • Did the victim miss any work?
  • Has the victim needed therapy or may possibly need therapy?
  • Was there any property damage (clothing, bicycle, motorcycle, etc.) due to the dog attack?
  • Is further action needed against the dog (is it vicious/dangerous)? – Remember dog owners are liable under the law; you do not need to prove the dog was vicious to have a case, but if the dog is vicious you may wish to seek further action to protect others in your community.

The attorneys at Rawman Law PC in San Francisco and Paso Robles are here to help you navigate the stressful situation of a dog bite lawsuit.  Dog bites vary in their degree of damage but the liability remains on the owner of the dog.  We’ve seen damages range from medical costs for a visit to the urgent care clinic and lost wages, to facial reconstruction surgery, to catastrophic loss-of-life claims.  Every dog bit incident is unique which means the best way to understand your options is to contact a dog bite attorney like the ones at Rahman Law PC as soon as you need assistance.

 

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