Legal Actions to Take After Being Bitten by a Dog
While dogs can be man’s best friend, they can also land you in legal trouble. According to the U.S. Centers for Disease Control (CDC), more than 4.5 million people are bitten by dogs every year in the nation. By California law, the majority of the liability of dog bites fall on the legal dog owner.
What laws are there in California regarding dog bites?
California Civil Code section 3342 addresses dog bites, and states:
“The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”
As California follows strict liability, dog owners will be held responsible for compensating the victim in most circumstances, excluding cases of unlawful trespassers. Victims are entitled to compensation for medical expenses, lost income due to the injury, emotional distress, and other expenses. However, the compensation each victim receives may vary depending on the degree of injury sustained, medical attention required, and more. In the case of a fatal or severe injury, criminal penalties may apply to the dog’s legal owner. This is even more relevant if the dog owner knows their dog has exhibited aggressive behavior in the past.
Factors that may influence victim compensation:
Victim compensation is often dependent on several different factors that can impact the legal decision:
Severity of the injuries sustained
Ability to prove the dog’s legal owner
Proof that the victim was lawfully allowed into or trespassing into private property where the attack occurred
What steps should you take after a dog bite?
If you’ve been bitten by a dog, you’ll want to follow these steps:
Exchange contact information and the dog’s medical history with the dog owner. According to California Penal Code 398, a dog owner who flees the scene of the attack can be subject to a fine. Furthermore, the dog owner has 48 hours to provide their contact information, dog’s license tag, and dog’s medical history, such as vaccination status.
Contact the Police. Professional law enforcement may be necessary to help intervene, verify, and legitimize the attack. Having these police records would aid in your legal case.
Consult a lawyer who is experienced in personal injuries. Consulting a professional will allow you to understand the legal options you have, help you file claims with the dog owner’s insurance, or file a lawsuit.
Collect the necessary evidence for a strong case. Having the right documents on hand can allow you to build a strong case and obtain the compensation you deserve:
Medical records relevant to the sustained injury
Police reports of the incident
Employment record for lost income
Photo and video evidence
Testimonies
Insurance Information
Seeking legal assistance for dog bites?
As dog bites may lead to serious legal issues for both the owner and victim, it is important to understand the full legal repercussions and compensation for dog bites. Tenants Law Firm is here to help. If you are in need of legal assistance, contact us by calling (310) 432 - 3200 or by using this contact form.