Dog Bite Attorneys San Diego – California is a strict liability state when it comes to dog bites. Strict liability is a fancy legal term that means a dog owner is responsible for injuries caused by their dog, even if they didn’t do anything wrong. They are responsible even if the dog has never bitten anyone before, was a good dog, and did not exhibit aggressive behavior. California adopted this to “prevent dogs from being a danger to society. There are 4.5 million dog bites each year, of which 885,000 bites require medical attention. Half of them are children. In most cases, the owner of the dog is a family member , friend or neighbor of the victim. Whether you have been bitten in the neighborhood, in a public place, or at work, knowing what to do if you have been bitten by a dog is crucial to protecting your rights and getting legal compensation for your Injuries.
The owner of any dog is liable for damages caused to any person bitten by a dog in a public place or legally in a private place. California Civil Code 3342. This includes bites that occurred on the dog’s owner’s property, regardless of the dog’s previous vicious behavior or the owner’s knowledge of such vicious behavior. This is known as strict liability. You don’t have to prove negligence (although negligence is a way to prove liability, more on that later). This helps reduce conflicts and arguments because you don’t have to prove someone wrong. The owner is responsible. Period.
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Scienter is another fancy legal term for prior knowledge of wrongdoing. If a dog has bitten someone before and the person is aware of it, the next time the dog bites someone they may be responsible. “[T]he owner of an animal of a species which is inherently dangerous, or of any animal of which he knows or has reason to know that it has dangerous tendencies, shall be liable without wrongful intent or negligence for damage caused to others as a result of such propensity”.
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This is an old theory of liability that is inapplicable in many cases because Civil Code 3342 was passed to abolish this theory. But it can still be helpful if someone other than the dog’s owner is involved in your case (eg, a doctor, a family member, a roommate, etc.).
Another theory of liability is negligence. Anyone who owns or harbors an animal without knowing it is dangerous is still liable if he negligently fails to prevent injury.
If there is a bite, GK 3342 is usually the best theory of liability. However, you should always ask for science and malpractice. Strict liability is strong but narrow. It should be a bite, but you can only sue the owner. Let’s say the dog owner has no property and no owner’s insurance (which usually covers dog bites). If someone else is responsible, you can try to get them involved with one of the other theories. Also, if there is really no bite, you can not use GK 3342.
There are exceptions that dog owners can use to avoid liability. For example, if the person you are suing is not the owner of the dog, they are not responsible. If you trespass on private property, the owner can escape liability. Of course you have to prove which dog bit you. Another defense of CC 3342 is that there are no bytes, as the law specifically mentions bytes in the text.
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While the law seems to impose strict liability on dog owners, California courts allow defenses based on entrapment, comparative negligence and risk taking. Basically, if you provoked a dog, somehow inadvertently caused an attack or took the risk of being bitten.
Answer: Usually two years. Within two years: A claim for assault, battery or bodily injury or death of a person resulting from the wrongful act or negligence of another person.
This is called the statute of limitations. In other words, the maximum time you have to sue the person who hurt you. In cases of dog bites, you have two years from the date of the bite to sue the other or any other perpetrator.
This is important because once the time is up, you will no longer be able to sue. This means that the other party can simply ignore you forever, because you have no way to ask for help.
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Government claims are different. First, you need to check the dog bone law to make sure that the immunity in the law does not apply. Second, you have 6 months from the date of the accident to file a claim with the government. If they deny your claim, which they often do, you have 6 months from the date of the denial to file a claim. However, if the government does not respond to your claims, you can file a claim within 2 years of the accident.
Although 2 years seems like a long time, it goes by quickly. Thus, you never have to wait to speak with a qualified car accident attorney. Consultations are usually free, so you don’t need to talk to a lawyer or even hire one.
It depends on the city you live in, but most cities have ordinances governing dog leash laws. For example, in San Diego, if you are at home, you must control your dog with your voice or an electronic restraint system, or physically and humanely restrain it with a leash, fence or other barrier.
If you walk your dog or otherwise bring it to public or private property, the dog must be on a leash no longer than 6 feet.
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So what do we need to prove in court to win your case and receive compensation for your injuries?
Every case is different, and even in two cases with almost identical facts, two different juries can award two different sums. However, at a minimum, you will receive what are called special damages or economic damages. These are hard costs that are easily quantifiable, such as:
Then general damage. They are also called non-economic damages, and they consist of very difficult to define injuries such as pain, suffering, discomfort, depression, mental anguish, fear, anxiety, etc., etc. To maximize the value of the case in this area, your story must be told to the jury. How did trauma affect your life? Was it a behavior-altering trauma? Has it disrupted the relationship between you and your family, especially children and spouses? Are there any scars, especially in visible areas, such as the face?
The average cost of a dog bite case is between $27,000 and $30,000, but since this is just an average, it does not affect the value of your case.
Benefits Of Working With Dog Bite Lawyer
Technically, by law, the owner of the dog is liable for your injuries – California Civil Code 3342. So they are required by law to pay. The problem is that up to 75% of dog bite victims are friends, family members or neighbors of the dog owner. Therefore, victims often worry about how they will receive compensation because they do not want their family members and friends to feel financially burdened.
This is where insurance comes into play. If the dog’s owner has homeowner’s (and sometimes renters) insurance, dog bites are often covered by these policies. One-third of all homeowner claims are related to dog bites. Note that some rules exclude coverage for dog breeds considered dangerous.
So how do you know if a dog owner has insurance? Simple. Ask them. Let them know if they have homeowner’s insurance, it will most likely cover dog bite injuries. If the dog owner is in business, they will most likely have liability insurance, and if not, you can take business assets if necessary.
It is entirely possible that a dog owner can still lie to you about insurance (even if it is in their best interest to disclose insurance information). Even if they deny that they have any insurance, don’t give up your rights. There are ways for an experienced attorney to find out about insurance coverage, if any, and/or if there are other people who may be responsible for your injuries.
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Not always. There are 850,000 dog bites a year that require medical attention, and about 20,000 insurance claims a year, cases where the injuries are not serious can be handled without hiring lawyers and bringing in insurance companies. Small cases may be litigated between the parties or even in small claims court.
Even if you may not need an attorney for your case, it doesn’t hurt to talk to one, because most attorneys provide free consultations and most dog bite attorneys will work on a contingency basis, which means it costs you nothing to hire an attorney. The insurance company has a legal team to save you money after you are in an accident. They would rather pay their lawyers than pay you honestly for your damages claim.
Sources report a “striking” rise in dog bites since the pandemic. Dog sense
