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WHAT YOU SHOULD KNOW
Los Angeles dog bites
After a dog bite in California, you have a clear right to compensation. Many people think the dog’s owner is only responsible if the animal had a history of aggression, but California law says otherwise.
The state operates under a “strict liability” statute for dog bites. It’s a legal concept that simply means the owner is responsible for the injuries their dog causes, regardless of the dog’s past behavior.
Securing fair payment for your medical bills, lost income, and pain is hard when you’re dealing with injuries. If you have questions about your situation and what to do next, we’re here to help.
Call Sweet James Accident Attorneys for a free case review at (800) 900-0000.
Key Takeaways for Los Angeles Dog Bite Claims
- California’s “Strict Liability” rule makes dog owners responsible. This means you don’t have to prove the owner was negligent or that the dog had a history of aggression to have a valid claim.
- Your own actions can reduce your compensation award. Under California’s “comparative fault” rule, if you are found partially to blame for the incident, for example, by provoking the dog, your final payment may be reduced by that percentage.
- The owner’s insurance is typically responsible for payment. Your claim is usually filed against the owner’s homeowners or renters insurance policy, not their personal assets, which can ease concerns about suing a neighbor or family member.
Why Choose Sweet James Accident Attorneys for Your Dog Bite Claim?
We have a 98% success rate and have recovered over $2 billion for our clients. This history of results provides a foundation of experience we bring to every new case.
Our attorneys, including founder James Bergener, are recognized in the legal community. James is a member of the Multi-Million Dollar Advocates Forum, an honor held by less than 1% of U.S. attorneys.
We Know How Insurance Companies Think
Our founder, James Bergener, started his career defending insurance companies. This background gives our team a distinct perspective on how insurers evaluate claims and the strategies they use. We apply this knowledge to build a comprehensive case on your behalf.
A Team to Support Your Recovery
With a large team of attorneys and staff, we have the resources to manage every detail of your claim. This allows us to provide direct and personalized attention. We handle the paperwork, the deadlines, and the negotiations so you can focus on your physical and emotional healing.
Our Commitment to You
- No Win, No Fee: You pay us nothing unless we successfully recover compensation for you. This is our contingency fee promise.
- Free Case Review: We will listen to your story and explain your legal options with no obligation.
We are conveniently located at 16133 Ventura Blvd Suite 700 in the Financial District near Downtown LA, providing easy access for clients throughout the Los Angeles area and surrounding communities.
What Is the Value of a Dog Bite Claim in Los Angeles?
The goal of a personal injury claim is to seek financial compensation meant to pay for the damages caused by the dog bite. It covers not just the bills you can see, but also the deeper injuries that are harder to measure.
Economic Damages: The Tangible Costs
These are the specific, calculable expenses resulting from the bite.
- Medical Treatment: This includes everything from the initial emergency room visit and stitches to future needs like plastic surgery for scar revision, physical therapy, or counseling for trauma.
- Lost Income: If you had to take time off work to heal, compensation should cover the wages you lost.
- Diminished Earning Capacity: If the injury causes a long-term disability that limits your ability to do your job in the future, we will pursue compensation for that potential loss of income.
Non-Economic Damages: The Intangible Impact
These damages address the non-financial ways the injury has rewritten aspects of your life.
- Pain and Suffering: This accounts for the physical pain of the injury and the difficult recovery process.
- Emotional Distress: A dog attack is a traumatic event. You may be compensated for anxiety, PTSD, depression, or a new fear of dogs (cynophobia).
- Disfigurement and Scarring: Scars, especially on the face or hands, can have a permanent impact on your self-esteem and quality of life.
What About Punitive Damages?
In rare cases where the owner’s conduct was particularly reckless or malicious, for instance, they knew their dog was dangerous and did nothing to restrain it, a court might award punitive damages. These are intended to punish the wrongdoer and deter similar behavior.
How California’s Comparative Fault Rule Could Affect Your Claim
Insurance companies conduct a thorough investigation, looking for any evidence to argue you may partly be at fault. For example, they might claim you were provoking the dog or trespassing.
Under California’s “comparative fault” rule, if you are found to be partially responsible, your final compensation award is reduced by your percentage of fault. Our role is to ensure no amount of blame is unjustly put on you.
Common Injuries and Their Long-Term Consequences
A dog’s teeth and jaws can cause extensive damage that isn’t always visible at first glance.
- Lacerations and Puncture Wounds: Teeth can tear skin and create deep puncture wounds that damage underlying muscles, ligaments, and tendons.
- Nerve Damage: A deep bite can sever or damage nerves, potentially leading to chronic pain or loss of mobility in the affected area.
- Infections: A dog’s mouth contains bacteria, and bites carry a high risk of infection. One rare but serious infection is capnocytophaga, which can be transmitted through saliva and may cause severe illness, especially in people with weakened immune systems.
- Fractures: The force of a powerful bite or a fall during an attack can lead to broken bones, particularly in the hands, arms, and legs.
- Psychological Trauma: The emotional scars from an attack are just as real as the physical ones. Victims frequently develop PTSD, anxiety, or a persistent fear of dogs that changes how they live their lives.
Understanding California’s Dog Bite Laws
The “Strict Liability” Law
This is the foundation of dog bite law in the state. As mentioned earlier, it makes a dog owner liable for damages if their dog bites someone, as long as the victim was in a public place or lawfully on private property.
What “Strict Liability” Means for You: You do not have to prove that the owner was negligent or knew the dog was dangerous. The fact that their dog bit you is generally enough to establish their responsibility. This removes a significant burden of proof that exists in many other states.
When Does This Law Not Apply?
There are a few key exceptions where an owner may not be held liable.
- Trespassing: The law protects people who are on property legally. If you were trespassing at the time of the bite, the owner’s liability might be reduced or eliminated.
- Provocation: If it can be shown that you were intentionally tormenting, teasing, or abusing the dog, this could be used as a defense.
- Assumption of Risk: This typically applies in professional contexts, such as a veterinarian or dog groomer who knowingly works with potentially aggressive animals.
What if the Dog Didn’t Bite, but Still Caused an Injury?
What happens if a large dog jumps on you, knocking you down and causing a broken bone? In these “non-bite” cases, the strict liability law does not apply. Instead, you would need to file a claim based on negligence. This means we would need to prove that the owner failed to use reasonable care in controlling their dog, and that this failure led directly to your injury.
What Happens to the Dog? The “Potentially Dangerous” and “Vicious” Designations
Many people worry that filing a claim will automatically result in the dog being euthanized. This is not the case. The civil claim for your injuries is entirely separate from how local animal control authorities handle the dog.
California law has a formal process for classifying dogs based on their behavior. After an incident, an animal control officer will investigate. Depending on the dog’s history and the severity of the attack, the dog may be designated as either:
- Potentially Dangerous: This designation typically follows a less severe bite or aggressive behavior. The owner is usually required to take specific steps, such as keeping the dog in a secure enclosure and using a leash and muzzle in public.
- Vicious: A dog might be labeled “vicious” if it aggressively injures or kills someone without provocation. In these more serious cases, euthanasia is a possibility, but it is not an automatic outcome of your civil lawsuit.
Dog Bites in Los Angeles: A Local Perspective
Postal workers are particularly at risk. In a recent year, Los Angeles ranked as the top city in the nation for dog attacks on U.S. Postal Service mail carriers. Children are also disproportionately affected by dog bites, frequently suffering more severe injuries to the face, head, and neck.
Common Locations for Dog Attacks in L.A.
We see incidents occur frequently in certain settings:
- Public Parks and Trails: Popular spots like Runyon Canyon or Griffith Park can become high-risk areas when dogs are off-leash in violation of local ordinances.
- Residential Neighborhoods: Many bites happen near the dog’s home, sometimes involving a dog that has escaped its yard.
- Apartment Complexes: Incidents in shared spaces like hallways, elevators, or common green areas are also common.
Los Angeles County Leash Laws
Los Angeles County law requires that dogs be on a leash no longer than six feet when in public spaces, unless they are in a designated off-leash dog park. An owner’s failure to follow this ordinance can be used as evidence of negligence in an injury claim.
Dealing With the Dog Owner’s Insurance Company
You will typically be dealing with the dog owner’s homeowners or renters insurance company when filing a claim. It helps to remember that they are a business, which means they must balance paying out fair claims with making a profit. Their goal is to resolve the claim for the lowest reasonable amount.
What to Look Out For
- Requests for a Recorded Statement: You are not obligated to provide one. Insurers use these statements to find inconsistencies in your story or to get you to say something that undermines your claim. It is best to let your personal injury attorney handle all communications.
- A Quick Settlement Offer: An insurer might make a low offer before the true extent of your injuries is known. An early offer may not account for future medical needs, like scar revision surgery. It is easy to get frustrated as bills pile up, but accepting an offer too soon closes your case for good.
A Tedious Process: The claim process is long and filled with paperwork. This is a standard part of their methodical investigation. The slow pace can wear people down. Our team manages this entire process for you.
Take the Next Step in Your Recovery
You have been through a traumatic experience, and you may be hesitant to take legal action. But holding an owner accountable is about securing the resources you need to heal completely.
Let us handle the legal process so you can concentrate on your recovery. To speak with our team about your case, call Sweet James Accident Attorneys today at (800) 900-0000.
Los Angeles dog bite
Frequently Asked Questions
What if the dog owner is a friend, neighbor, or family member?
This is a common concern. Filing a claim is not a personal attack. In most cases, the claim is paid by their homeowners or renters insurance policy, not out of their own pocket. The goal is to get you the resources you need to recover without causing financial hardship for the owner.
How long do I have to file a dog bite lawsuit in California?
In California, the statute of limitations for a personal injury claim, including a dog bite, is generally two years from the date of the incident. If the victim is a minor, the two-year clock typically starts running on their 18th birthday. If you miss this deadline, you will likely lose your right to sue.
What if I don’t know who owns the dog?
This makes a case more challenging, but not impossible. We can help investigate by speaking with neighbors, checking local animal shelter records for matching descriptions of lost dogs, and looking for any potential witnesses who might know the owner.
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