Dog Bite Lawsuit in California: Basics You Need to Know

If you or a loved one have suffered from a dog bite in California, understanding your legal rights is essential. A dog bite lawsuit can help you recover damages for medical bills, emotional distress, and lost wages, but navigating the legal process can be complex. California has specific laws governing dog bites, making it important to consult an experienced attorney to ensure you’re fully informed and protected.

Why You Need a Dog Bite Injury Lawyer

California follows a strict liability rule when it comes to dog bites. This means that a dog owner can be held liable for injuries caused by their pet, regardless of whether the dog has shown aggressive behavior before. However, proving liability and calculating damages often requires legal expertise. That’s where a dog bite injury lawyer comes in. They can help gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Working with a knowledgeable attorney ensures that your case is handled professionally and maximizes your chances of receiving fair compensation. My Lawyer Mark has a dedicated team experienced in dog bite cases and is ready to assist you. Call us today at (866) 721-5808 for a free consultation.

California’s Strict Liability Law

Under California Civil Code §3342, dog owners are strictly liable for damages caused by their dog biting someone in a public place or lawfully on private property. This means that the victim doesn’t have to prove that the dog owner was negligent or that the dog had a history of aggression.

However, there are exceptions to this rule. For instance, if the victim was trespassing, provoking the dog, or engaging in unlawful activities, the dog owner may not be held liable. A dog bite injury lawyer can evaluate your case to determine the applicable laws and exceptions.

Types of Damages You Can Recover

A successful dog bite lawsuit can lead to compensation for various types of damages, including:

1. Medical Expenses: This covers emergency room visits, surgeries, medications, physical therapy, and any ongoing medical care.
2. Lost Wages: If your injuries prevent you from working, you can claim compensation for lost income.
3. Pain and Suffering: This includes emotional distress, psychological trauma, and the overall impact of the injury on your quality of life.
4. Punitive Damages: In cases where the dog owner’s behavior was particularly reckless, you may be awarded additional damages as a form of punishment.

Steps to Take After a Dog Bite Incident

If you’ve been bitten by a dog, taking the right steps immediately can strengthen your case. Here’s what to do:

1. Seek Medical Attention: Even minor bites can lead to infections or other complications, so it’s crucial to see a doctor as soon as possible.
2. Document the Incident: Take photos of your injuries, the dog, and the scene where the bite occurred. Gather contact information from the dog owner and any witnesses.
3. Report the Bite: File a report with your local animal control agency. This creates an official record of the incident.
4. Consult a Lawyer: Speak with a dog bite injury lawyer to understand your legal rights and options.

Steps of a Dog Bite Lawsuit in California

If you decide to pursue a dog bite lawsuit, here’s an overview of the typical steps involved:

1. Initial Consultation with a Lawyer: Meet with an experienced dog bite injury lawyer to discuss your case and evaluate its merits.
2. Investigation and Evidence Gathering: Your attorney will collect medical records, witness statements, photographs, and other evidence to support your claim.
3. Filing the Lawsuit: Your lawyer will file a formal complaint in court, outlining the details of your case and the compensation you seek.
4. Discovery Phase: Both parties exchange information, documents, and evidence relevant to the case. Depositions and interrogatories may also occur.
5. Negotiations and Settlement Discussions: Many dog bite cases are resolved through negotiations with the dog owner’s insurance company. Your lawyer will aim to secure a fair settlement.
6. Trial (if Necessary): If a settlement cannot be reached, your case will go to trial, where a judge or jury will determine the outcome.
7. Resolution and Compensation: Once the case is resolved, you’ll receive compensation for your damages if you win.

Common Defenses in Dog Bite Cases

While California’s strict liability law favors victims, dog owners may still raise defenses to avoid liability. Some common defenses include:

• Provocation: Claiming the victim provoked the dog by teasing, hitting, or otherwise aggravating it.
• Trespassing: Arguing that the victim was unlawfully on the property when the bite occurred.
• Assumption of Risk: If the victim knowingly took the risk of interacting with the dog, this could limit or negate their claim.

An experienced lawyer from My Lawyer Mark can counter these defenses effectively, ensuring you have the best chance at a favorable outcome.

Frequently Asked Questions About Dog Bite Cases

1. How long do I have to file a dog bite lawsuit in California?

In California, the statute of limitations for personal injury cases, including dog bites, is typically two years from the date of the incident. Failing to file within this timeframe may result in losing your right to pursue compensation.

2. Can I still sue if the dog owner doesn’t have insurance?

Yes, you can file a lawsuit against the dog owner directly. A dog bite injury lawyer can help you explore all available options for recovering damages, even if insurance isn’t involved.

3. What if the dog bite happened at a friend’s house?

You may feel hesitant to file a claim if the dog owner is a friend or family member. However, most claims are handled through homeowners’ insurance, not directly out of the owner’s pocket. Consulting a lawyer can help you navigate this sensitive situation.

Take the First Step Today

If you’ve been injured by a dog bite, don’t wait to protect your rights. A dog bite lawsuit can provide the compensation you need to recover and move forward. Contact My Lawyer Mark at (866) 721-5808 to speak with an experienced attorney and get started on your case. Let us handle the legal complexities so you can focus on healing.