Dog Bite Law

Dog bite laws can vary by municipality. Cities within the same county may have laws which differ from each other. Some areas ban certain breeds of dogs. This type of law is known as BSL, or Breed Specific Legislation. Commonly banned dogs may include Pit Bulls, Rottweilers, and other dogs known to be vicious.

Why You May Need a Personal Injury Lawyer in Orange County: Dangerous Dogs and Bites

Posted by on Oct 3, 2017 in Dog Bite Law

  Many people have a deep love for dogs of all kinds, particularly their own.  In fact, almost 90 million dogs are owned as pets in the United States, according to the American Pet Products Association’s  2017-2018 survey.  While no owner ever wants to think the worst is possible of their beloved pet, the fact of the matter is that ALL dogs can be dangerous biters, particularly if the victim is a young child.  Dog bites occur far more frequently than many realize, in fact, per the Centers for Disease Control and Prevention, about 4.5 million people are bitten by dogs each year. The rate of dog-bite–related injuries is highest for those 5 to 9 years old, with over half of dog-bite injuries occurring at home with dogs that are familiar to the victims.  If a dog bite incident occurs, a personal injury lawyer in Orange County that is familiar with dog bite law can help.   According to the Insurance Information Institute, “California continued to have the largest number of claims in the United States, at 1,934 in 2016, an increase from 1,684 in 2015. California also had the highest average cost per claim at $76 million…the trend in higher costs per claim is attributable not only to dog bites but also to dogs knocking down children, cyclists, the elderly, etc., which can result in injuries that impact the potential severity of the losses.”  What kind of liability do dog owners have in California?  The basic dog bite statute provides that the owner is automatically liable for any injury or property damage caused without provocation.  The applicable code (California Civil Code, Section 3342) states: “(a) The owner of any dog is liable for damages suffered by any person who is bitten by a dog with in a public place or lawfully in a private place … regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”   Despite the disposition of the dog, an owner should never leave a dog alone with a child, especially an unknown one, as was the case in a recent dog-bite incident of a four year old girl dining with her parents in Carlsbad, CA. The owner invited the child to pet the dog, which the girl did, then the owner left the dog with her own daughters, at which point, the dog attacked the four year old’s face.   This incident could be an excellent example of liability under the negligence law, where the owner is liable because they were negligent in controlling the dog.  A personal injury lawyer in Orange County can help you determine if an owner should have liability for any dog bite a victim receives.   Contact the Dog Bite Claim Center for a review of your case.  Call 949/861-2191 for a free consultation to discuss your possible dog bite lawsuit.  We are experts...

Read More »

Dog Bite Victim? Why You Need a Specialized Lawyer

Posted by on Oct 3, 2017 in Dog Bite Law

Getting bitten by a dog can be a truly traumatic experience that can result in both physical and psychological damage to yourself or a family member. While the damage associated with a dog bite attack can range from mild to extremely significant, getting compensation for the injury from the dog’s owner is important for a dog bite victim.  Who is at Fault  Not every case is cut and dry when it comes to being a dog bite victim. While many people may incite a dog bite attack by stepping on a private property, such as a solicitor for instance, most dog bites are from two species of dogs; Rottweilers and pit bulls. Simply by owning these dog breeds it can be argued that the dog’s owner can be putting others at undue risk and is bearing the risk of a potential dog bite. Further, dog owners who train their dogs to be attack or defense dogs can be putting others at risk for a dog attack that they must bear responsibility for.  Using a Specialist Lawyer  A specialist lawyer can best advise you about the nuances and past history associated with a dog attack. Not only do they have experience that helps them to quickly understand your case and the nature of your attack, but they can also highlight the issues that are surrounding your case and may allow you to quickly settle the case to your satisfaction. Dog bite lawyers can point you to medical specialists who can diagnose your bite injuries and provide testimony on the nature of significant injuries. Other specialists can also help you and a jury to understand why dog attacks happen and the responsibility of the dog owner to prevent against dog attacks. Further, a specialty dog attack lawyer is also able to best file applicable paperwork surrounding your claims and document the injury and recovery due to the attack in a manner that can yield you the best settlement.  Dog attacks and bites are scary and challenging to deal with. Few people know how to react to them in a way that can result in a positive result. Hiring a specialty dog bite attorney can help to clarify your circumstances and result in the highest settlement possible for your case. If you or a loved one have been injured by a dog, it is recommended that you should consider consulting a legal professional familiar with this area of law.  Contact the Dog Bite Claim Center for a review of your case.  Call 949/861-2191 for a free consultation to discuss your possible dog bite lawsuit.  We are experts in investigations and negotiating on your behalf.   Dog Bite Claim Center 9841 Irvine Center Drive Suite 210 Irvine, CA 92618...

Read More »

What Can You Expect From a Dog Bite Settlement?

Posted by on Sep 14, 2017 in Dog Bite Law

  Dog bite settlement cases can vary drastically, depending on the circumstances and situation of each individual case.     In a recently settled case in New Jersey, the victim of the dog bite received a $1.75 million dollar payout.  In this case, the victim was a home health care worker providing physical therapy for a relative of the homeowners.     Without any apparent warning, the couple’s small dog suddenly bit the therapist on the hand, causing 3 deep puncture wounds to his index finger.  While this may not seem like much, the injuries were indeed very serious.  There were complications which resulted in significant pain, swelling, and surgeries.  There was a decreased range of motion, as well.  Some of the injury involved a permanent spinal cord stimulator.     A lawsuit was filed in this case, and a settlement was reached through the mediation process.  As the victim was found to be on the property legally, the dog’s owners were found to be legally liable for the injuries sustained.   While every case is different, this is an extreme case, as they were significant injuries which affected the victim’s ability to work.  If you have been involved in a dog bite attack, you will first off need to seek proper medical treatment and evaluation immediately.  Even if the bite does not seem to be very serious, it is extremely important to have the wounds professionally treated.  In this case, there were only 3 small puncture wounds, there was nothing immediately appearing that the wounds were as serious as they turned out to be.   You may be entitled to receive a settlement which would include monetary compensation for your pain and suffering, all medical expenses you have already incurred, funds to cover any future expected medical care, and lost wages due to the inability to work due to your injuries.  Future medical expenses may include reconstruction or plastic surgery, physical therapy, and psychological counseling for emotional trauma.      Some cases are much smaller financially, but still have significant costs involved which you should not be responsible for paying.  Your lost wages should be restored to you as well.  If you were in no way negligent, or were legally on the property of the dog’s owner, you are entitled to receive proper remuneration for your injuries.     If you or a loved one have experienced injury by being bitten by a dog, you need to consult with an experienced and proven successful personal injury attorney experienced in dog bites.  Contact the Dog Bite Claim Center for a review of your case.  Call 949/861-2191 for a free consultation to discuss your possible dog bite lawsuit.  We are experts in investigations and negotiating on your behalf.     9841 Irvine Center Drive Suite 210 Irvine, CA 92618 949/861-2191      ...

Read More »

Q and A on Dog Bites

Posted by on Sep 14, 2017 in Dog Bite Law

  Who is Most at Risk for Being a Dog Bite Victim? You are automatically more at risk if there is a dog in the home.  Even more of a risk factor is present if you live with more than one dog.  While children ages 5-9 are the most frequent dog bite victims, men follow in second place.  Even if your own dog is normally not aggressive, be cautious when it is hurt or sick; it is very common for a normally docile and loving dog to turn on it’s owner in a time of pain or fear.      Are Dog Bites Really Very Common? Unfortunately, all too common.  Considering that not all bite victims report the incident, it is estimated by the US Center for Disease Control that 4.5 million bites occur in the US every year.  This figure is more than likely an underestimate.  With approximately 70 million dogs in the United States, serious injuries from dog attacks should not be a surprise.      Are There Some Tips on Preventing a Dog Bite? One of the key ways to avoid a serious dog attack is to avoid being around known vicious dog breeds.  No matter what the owner says or believes,  the known dangerous dog breeds are involved in a disproportionately high number of serious and or fatal maulings.   Never leave a young child or baby alone with a dog, no matter how docile you perceive it to be.  Proper training and socializing of animals goes a long way towards staying safe.     What is the First Thing I Should Do After a Dog Bite? Always seek medical treatment for any cannine bite.  You may have injuries that you are not aware of initially.  Nerve damage, injuries involving tendons or bones can result in lifelong problems.  One of the more serious consequences of a bite by a dog can involve infection which can be deadly.  Rabies is also a concern, and should be treated immediately.  It is particularly important to have young children and babies evaluated medically as soon as possible.  Emotional trauma may also be an issue.     What Should I Do Next? After seeking medical treatment, contact an experienced personal injury attorney who specializes in dog bite law.  This can be a very complicated and complex situation, and you need the advice and consultation of a true expert.  You may need to file a dog bite claim with an insurance company, gather any witness statements, provide all medical records, and give a personal statement as a result of the dog bite attack.  This is a very serious legal situation, and you should not try to go this alone.  Be sure you have an experienced and qualified dog attack attorney on your side, fighting for you and your best interests.   Contact the Dog Bite Claim Center for a review of your...

Read More »

Dog Bite Laws: Who is Responsible When Fido Bites?

Posted by on Aug 9, 2017 in Dog Bite Law

If you were bitten by a dog, you can possibly  receive compensation for your injuries, property loss and loss of wages.  Being bitten by a dog can potentially cause a lot of physical distress, not to mention emotional trauma as well.  Depending on the severity of the bite, you could need extensive medical attention. If the bite is deep, proper medical care is even more important.  You should go see a doctor to make sure there are not any signs of an infection. If there is, you will need antibiotics. Now you find yourself in the situation of  receiving unexpected and unwanted medical bills, and they can pile up quickly.  This problem can be solved by reaching a settlement with the dog owner’s insurance company, but it can be a long and complicated road.   If you were trespassing on private property when you got bit, then you probably do not have a case. The type of breed and the circumstances surrounding the dog bite attack will affect whether or not you have a case.  If the dog that bit you was a Rottweiler or a Pit bull, you may have a better chance of winning a lawsuit or reaching an acceptable settlement. Owners of these types of dogs can be said to be putting others at risk for a potential dog bite, just by owning that breed. The owner can also be at fault if they train the dog to be a defense or attack dog. It can be argued that the owner is showing the dog that it is okay to do harm. If you are in this situation, then you will want to hire a personal injury lawyer with experience in local dog laws.   Your case would take the laws into consideration. The dog bite laws vary by municipalities because local government is in charge of them. These laws make all dog owners liable for dog bites simply because they own the dog that was biting. The prosecutor has to prove that the dog was vicious or that the dog owner caused the attack by negligence or violating an animal control law. For example, one would be breaking an animal control law if they did not have the dog on a leash. You may be able to win your case if you can prove that the dog bit another person prior to you, or if the dog was not on private property at the time of the attack. In some cases, it can be proved that someone acted in negligence or was misleading and that caused the  victim to be attacked.   An experienced attorney will be able to guide you through the complexities of this type of case.  Don’t try to settle this on your own, you will need guidance and direction to decide on the best course of action for your particular case....

Read More »

Dog Bite Victim? Why You Need a Specialized Lawyer

Posted by on Aug 5, 2017 in Dog Bite Law

  Getting bitten by a dog can be a truly traumatic experience that can result in both physical and psychological damage to yourself of a family member. While the damage associated with a dog bite attack can range from be mild to extremely significant, getting compensation for the injury from the dog’s owner is important for a dog bite victim.   Who is at Fault   Not every case is cut and dry when it comes to being a dog bite victim. While many people may incite a dog bite attack by stepping on a private property, such as a solicitor for instance, most dog bites are from two species of dogs; Rottweilers and pit bulls. Simply by owning these dog breeds it can be argued that the dog’s owner can be putting others at undue risk and is bearing the risk of a potential dog bite. Further, dog owners who train their dogs to be attack or defense dogs can be putting others at risk for a dog attack that they must bear responsibility for.   Using a Specialist Lawyer   A specialist lawyer can best advise you about the nuances and past history associated with a dog attack. Not only do they have experience that helps them to quickly understand your case and the nature of your attack, but they can also highlight the issues that are surrounding your case and may allow you to quickly settle the case to your satisfaction. Dog bite lawyers can point you to medical specialists who can diagnose your bite injuries and provide testimony on the nature of significant injuries. Other specialists can also help you and a jury to understand why dog attacks happen and the responsibility of the dog owner to prevent against dog attacks. Further, a specialty dog attack lawyer is also able to best file applicable paperwork surrounding your claims and document the injury and recovery due to the attack in a manner that can yield you the best settlement.   Dog attacks and bites are scary and challenging to deal with. Few people know how to react to them in a way that can result in a positive result. Hiring a specialty dog bite attorney can help to clarify your circumstances and result in the highest settlement possible for your case. If you or a loved one have been injured by a dog, it is recommended that you should consider consulting a legal professional familiar with this area of law.  Contact the Dog Bite Claim Center for a review of your case.  Call 949/861-2191 for a free consultation to discuss your possible dog bite lawsuit.  We are experts in investigations and negotiating on your behalf.   9841 Irvine Center Drive Suite 210 Irvine, CA 92618...

Read More »