What to Expect in a California Dog Bite Case

Almost all dog bite victims can expect serious injuries, even if their injuries don’t seem serious at the time. That’s especially true if, as is normally the case, the victim is a small child. Post Traumatic Stress Disorder is a good example of a hidden dog bite injury. All dog bite victims go through episodes of depression, anger, and other maladies. When these episodes become life-altering, the victim has crossed the line between NSR (normal stress response), a temporary condition that goes away by itself, and PTSD, a permanent brain injury that’s manageable but incurable.

A San Marcos personal injury lawyer helps dog bite victims, and other personal injury victims, obtain the compensation they need to pay medical bills, along with other accident-related expenses, and move on with their lives. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Since the dog bite claim process is especially complex in California, a San Marcos personal injury lawyer is an invaluable partner.

Immediate Steps After a Dog Bite

After a bite, medical attention is the top priority. Dog bite injuries have very high infection rates. Additionally, the medical records will later serve as important evidence.

Always report the bite to local animal control or public health authorities. This step further documents the incident and ensures the dog’s vaccination status is checked. Photos of injuries, the location, and the dog strengthen future claims.

California Dog Bite Law

The Golden State has a very broad strict liability rule for dog bites. Animal owners are usually responsible for animal attack injuries, regardless of whether the dog has bitten before or demonstrated aggressive behavior. As long as the victim was lawfully in a public place or legally on private property, the owner can be held liable.

Now, here’s the complex part, or at least one complex part. This law is so broad that it alienates many pet owner jurors who believe strict liability laws penalize owners who rescue dogs with troubled pasts.

So, depending on the facts of the case, another theory, such as scienter (knowledge) may be better. Under the “one-bite rule,” animal owners are negligent if they fail to properly control animals that attacked someone in the past or demonstrated aggressive pre-bite behavior, such as snarling or growling.

Scienter usually resonates well with jurors, even pet owner jurors. Quite simply, owners who ignore known issues look like negligent parties.

Filing an Insurance Claim

Most California dog bite cases are resolved through insurance claims rather than going to trial. Homeowner’s or renter’s insurance often covers dog bite injuries. A claim typically seeks compensation for medical expenses, lost wages, pain and suffering, and future treatment costs if the injury is serious.

If the insurance company disputes liability (legal responsibility for the dog bite) or damages (amount of compensation, the next step is filing a civil action in court.

Possible Defenses in a Dog Bite Case

California law strongly favors victims, as outlined above. Nevertheless, dog owners may raise certain defenses. Common defenses include trespassing, provocation, or assuming the risk (such as a veterinarian treating an aggressive animal or failing to heed a “Beware of Dog” sign).

If the injured person is found partially at fault, California’s comparative fault rules may reduce the compensation but usually do not eliminate it entirely. So, even if an insurance investigator said you were “at fault,” substantial compensation may still be available.

Compensation and Case Resolution

Compensation depends on factors such as the severity of the injury, permanent scarring, emotional trauma, and the cost of medical care. Many cases settle within months, but more complex cases involving severe injuries or disputes over liability can take longer. Trials are less common but may be necessary when settlement negotiations fail.

Reach Out to a Hard-Working San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.

Source:

pmc.ncbi.nlm.nih.gov/articles/PMC11163822/