Legal Options in Dog Bite Cases

Each year, aggressive and dangerous dogs bite millions of Americans. Some of these bites are no more than annoying. Others require a little first aid. Many others cause serious injuries which, in many cases, are life-threatening or at least life-altering.

Not all dog bite injuries are visible to the naked eye or show up on X-rays. Post Traumatic Stress Disorder is a good example. Extreme stress, like the stress of a serious dog bite, alters brain chemistry, causing symptoms like depression, anxiety, anger, and hypervigilance, which in this case is usually an unreasonable fear of all dogs.

California dog bite victims have several legal options to choose from. That’s good and bad. While victims have several alternatives, all the choices can be confusing. Only an Oceanside personal injury lawyer effectively evaluates these options and determines which one is the best course of action for a particular case.

Homeowners’ Insurance Claim

As a rule of thumb, Oceanside personal injury lawyers always try the fast and easy way first. A homeowners’ insurance claim is the fastest and easiest way to obtain compensation in a dog bite matter.

Homeowners’ or renters’ insurance usually applies to dog bite claims that occur on the policyholder’s property. Occasionally, coverage extends to bits that occur in public places. The policy terms usually dictate coverage area.

Coverage limits are usually high. Auto insurance might limit a claim to under $50,000. But homeowners’ insurance policies often have unlimited coverage. In other words, a lawyer submits the bill, and the insurance company pays the bill.

This bill usually includes compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

However, it’s not quite that easy. Insurance company lawyers often make low-ball offers in these situations. A tough attorney must negotiate with these lawyers in order to obtain maximum compensation.

Personal Injury Lawsuit

If insurance claim settlement negotiations stall or break down, a strict liability personal injury lawsuit is usually the next step. Sometimes, an attorney follows through with this lawsuit and takes it to court. Generally, however, a strict liability action is effective leverage in settlement negotiations.

California has one of the broadest strict liability dog bite laws in the country. Owners are strictly liable for all damages related to the knockdown or bite.

The average strict liability court verdict has skyrocketed over the past ten years. Insurance company lawyers know this, which is why they’re highly motivated to make a good deal and keep an Oceanside personal injury lawyer from going to court.

Negligence Claim

If the case does go to court, the strict liability law is so broad that it sometimes alienates pet owner jurors, who believe the law is unfair. That’s not a problem, because other legal options are available, such as scienter and negligence per se.

Scienter (knowledge) is also known as the one-bite rule. If the owner knew the animal was potentially dangerous and the animal attacks someone, the owner is legally responsible for damages. Since these owners seem negligent, most jurors, even pet owner jurors, are willing to hold them accountable.

Negligence per se is a violation of a safety law, such as a leash or fence law. If such a violation substantially causes injury, the owner is liable for damages as a matter of law.

Count on a Tough-Minded San Diego County Lawyer

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

Source:

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