What to Do Right After a Dog Bite in California?

Following three basic steps after a dog bites, you’ll probably receive maximum compensation for your serious injuries. 

Dogs bite millions of people every year, causing injuries ranging from annoying to life-threatening. Some of these injuries are expected, like cuts and lacerations, while others are unexpected. More on that below. The injuries differ, and these victims have different legal options as well. More on that below, too.

The need for and role of a Los Angeles personal injury lawyer are the same in all dog bite injury cases. Attorneys quickly evaluate these cases and determine your legal options. Then, attorneys and their teams collect evidence that supports your contentions and refuse insurance company defenses. Finally, attorneys advocate for victims in the negotiating room as well as the courtroom.

Find the Responsible Party

Usually, the owner is the responsible party. In some cases, a dog caretaker, like a walker, is responsible. In other cases, someone with no connection to the dog, like a daycare teacher, is responsible.

Most dog bites occur at someone else’s house or on someone else’s property. Many of these dogs were pandemic puppies. During coronavirus lockdowns, many people adopted cute puppies to help them get through the long days stuck at home. These adorable puppies are full-grown animals who didn’t grow up with strangers and aren’t used to them.

Dogs are sensitive and territorial. If they feel threatened, they often respond violently. Some owners believe sensitivity (you made a loud noise) or territoriality (you got too close) is a legal defense. However, dog owners are still responsible parties in these cases.

Provocation isn’t a defense in these situations. Victims cannot accidentally provoke dogs. Provocation is intentional. Furthermore, in California, provoking an animal is a physical act that’s basically like torturing that animal.

In many states, it doesn’t matter whether a temporary caretaker or an animal owner is legally responsible for injuries. Victims receive the same amount of compensation either way. However, California has an unusual joint law and several liability laws—additionally, California Civil Code Section 3342 sometimes exempts paid custodians. So, if a Los Angeles personal injury lawyer barks up the wrong tree (pardon the pun), only limited compensation is available.

Daycare teachers and other such individuals have a duty of care to keep the children or other people in their charge safe and secure. Allowing children to play near a strange dog usually doesn’t violate the duty of care. Allowing children to play roughly near a strange dog is usually negligence in California.

Identifying the responsible party is also crucial for health and safety reasons. Owners and custodians know the dog’s medical condition (e.g., is the animal rabid).

See a Doctor

As mentioned, all dog bites cause injuries. Seeing a doctor is essential for legal health and safety reasons. 

Unless dog bite injury victims immediately see doctors, insurance company lawyers typically argue that the victim’s damage claims are exaggerated.

These damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Furthermore, only a doctor focusing on animal attack injuries can treat wildly unexpected injuries properly. Post Traumatic Stress Disorder is an excellent example of an unforeseen injury. The shock and stress of a dog bite attack alters the brain’s chemical composition, causing symptoms like hypervigilance (unreasonable fear of all dogs), anger, flashbacks, and depression. These symptoms are disabling in many cases.

Call a Lawyer

A Los Angeles personal injury lawyer typically connects victims with doctors who charge no money upfront. However, victims must eventually pay these medical bills, so they need financial compensation. Several legal options are available in the Golden State. 

California has a comprehensive, strict liability law. Owners could be legally responsible for damages even if they didn’t know the animal was dangerous. This broad law, intended to protect victims, often has unintended consequences. Many pet owner jurors believe Section 3342 penalizes people who rescue animals with checkered pasts.

So, if the facts support it, a better approach may be to use one of three kinds of negligence (ordinary negligence, scientific negligence, or negligence per se).

Ordinary negligence is a lack of care, as discussed above. Sceinter (knowledge), also known as the one-bite rule, holds owners responsible if the animal attacked someone previously, and the owner, therefore, knows the animal is dangerous. Negligence per se is a violation of an animal restraint law, such as a leash law, that substantially causes injury.

Additional compensation is often available in dog bite negligence claims. Owners who let their animals run free or don’t take proper safety precautions seem reckless, even to pet owner jurors.

Consult Our Experienced California Dog Bite Attorneys Today!

Dog bites in California are very complex. For a free consultation with an experienced Dog Bite Attorney in California, contact the Law Offices of Eslamboly Hakim. The sooner you reach out to us, the sooner we start working for you.