Were You the Victim of a Dog Bite? Here’s What You Should Know

Each day, as many as 1,000 Americans will require emergency medical treatment as a result of a dog bite. A victim who suffers a dog bite can suffer very serious, often fatal injuries. Even in milder cases, the victim can suffer infections or severe disfigurement. Regrettably, children are common dog bite injury victims, and when a child suffers a dog bite, he or she can experience a life-time of medical issues. If you or your child was bitten or attacked by a dog or other animal and suffered significant injuries, contact one of our listed personal injury lawyers today to schedule a free consultation.

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Strict Liability in California Dog Bite Cases

When it comes to dog bite cases, every state has its own laws with respect to injury liability. In California, the canine owner is strictly liable for the dog bite, even if the canine has no prior history of being aggressive. Through California’s Civil Code Section 3342, or strict dog bite law, a pet owner will be held accountable for the victim’s harms and injuries, even if he or she did not know about the dog’s aggressive behavior.

What to do After a Dog Bite or Animal Attack

After you or your child was attacked by a dog, your emotions will be running high. However, it’s best to not let that get the best of you in the moment. As this article on Legal Reach explains: "When a dog or other domestic animal attack has occurred, the following steps should be taken immediately whenever possible: Seek medical treatment, Identify the dog and its owner, Take photos or have photos taken" - [paraphrased].

What is Needed to Prove a Claim

In California, dog bite victims can seek restitution from the accountable party. In order to win a case, however, the following must be proven:

• The defendant had ownership or control of the dog;
  
• The dog bite occurred when the plaintiff was legally on the property of the defendant or was otherwise on public property; and
  
• The victim was bitten by the canine, which caused him or her an injury.
  

Parties that May Be Held Accountable Following a Dog Bite in California

In a majority of dog bite cases, the pet owner will be held accountable for the victim’s injuries. Depending on the specifics of each individual case, however, the following parties may possibly be held accountable for damages:

• Landlord - The landlord of the property where the incident took place could be held accountable for the victim’s injuries when he or she was made aware of the dangerous dog in the premises and failed to remove the pet from the property.
  
• The Animal’s Caretaker - When the canine was under the control or supervision of another person or business at the time of the incident, this party could be held accountable for the damages caused to the victim. The dog’s caretaker, however, can only be held responsible if there was prior knowledge about the dog’s viscous tendencies. This party can also be held responsible if it can be shown that the dog was negligently handled.
  
• Property Owners - A residential property owner can be held accountable if the animal escaped from an opening in the fence or other property defect that led to a dog bite attack that occurred away from the property.
  

Speak to a Well-Versed Dog Bite Attorney
Filing a claim as a result of a dog bite can be a challenging undertaking, especially if there are third parties involved. If you or someone you love was mauled by a dog, consider obtaining legal counsel as soon as possible. Collecting essential evidence to build a strong case can drastically diminish as time goes on. Contact a skilled attorney shortly after the accident.