Are You Allowed to Sue a Dog Owner?
BD&J, PC can help you understand and use your legal rights after being attacked by someone else’s dog. Our Fresno dog bite lawyers are standing by to hear from you whenever you need us. The truth is that filing a dog bite claim can be difficult because you probably don’t want anything to happen to the dog. With us by your side, you can feel confident in your decision and your case as it progresses.
What to Do After You’re Bitten by a Dog
Follow these steps if you’re bitten by a dog:
- Perform self-care. Apply pressure to the wound to stem the bleeding and clean it.
- Seek medical attention. This ensures proper care and establishes a paper trail.
- Report the incident: You can contact animal control or the police.
- Gather evidence. This includes photos, witness accounts, medical records, and personal documentation.
- Contact a lawyer. A dog bite lawyer can help collect evidence and file your case.
Are Dog Owners Liable for Dog Bites?
California does not use a “one-bite” rule to excuse some dog bites. If you are bitten by a dog, then you can hold the dog owner or controller strictly liable for your injuries and damages, even if that dog never showed any outward signs of aggression before.
There are some exceptions to dog bite liability, though, such as:
- If the dog was attacked or provoked by the claimant.
- If the claimant was trespassing.
- If the claimant was attempting to hurt the dog’s owner.
- If the dog was ordered to attack by a military or police officer.
Does a Dog’s Aggressive History Matter?
If California does not have a one-bite rule, then does it matter if the dog has an aggressive background? To an extent, it does. Our Fresno dog bite lawyers might be able to use a dog’s history of violence and aggression in your claim to argue that the owner was unreasonably negligent in their handling of the animal. The more negligent the defendant, the greater the possible payment to the claimant or plaintiff.
Depending on the details of your case, we might be able to interview neighbors and community members who have also encountered the dog that attacked you. Local veterinarians and dog shelters might also have valuable information to bolster your claim. Using their statements, we can outline the dog’s violent history if the owner won’t admit to it themselves.
What Damages Can You Get in a Dog Bite Claim?
Dog owners or controllers like a dog caretaker at a kennel can be accountable for a variety of damages caused by an aggressive dog. As your chosen Fresno dog attack attorneys, it will be part of our role to calculate the damages you owe and demand that amount through a claim and possibly a lawsuit if settlement negotiations fail.
Damages that we can seek in most dog bite claims are:
- Cost of past, current, and future medical bills
- Lost wages for missed work schedules or opportunities
We understand that a dog bite is not just a physical injury, though. It is also a mental and emotional injury. Many dog bite victims become terrified of dogs of all breeds but especially those that look like the dog that bit them. When calculating your damages, we will want to factor in your lingering trauma to ensure you are given a fair amount of compensation.
Who Pays for Dog Bite Damages?
Did the dog’s owner try to convince you that they don’t have any money to pay for your damages after their dog attacked you? Although they might be telling the truth, it is probably only a partial truth. Homeowners’ insurance policies and renters’ insurance policies both usually include coverage for bodily injuries suffered on the property and due to the policyholder’s negligence or inaction. Dog attacks and the injuries they cause fall under this broad clause, so we can probably file a claim against a homeowners’ or renters’ insurance policy held by the dog owner.
How Long After a Dog Bite Do You Have to File a Claim?
Each state sets its statute of limitations for dog bite cases. California has a 2-year time limit for filing your suit. Consult with a lawyer to determine if you can still file and when your deadline is.
Ask for a Free Consultation Today
Our Fresno dog bite attorneys are always eager to hear from new and returning clients who need our help. We make it simple to learn more about your legal options by offering no-cost, no-obligation initial case consultations. You don’t need to reach for your wallet. We also have contingency fee agreements for personal injury claims, which means we don’t get paid attorney fees unless we end your case with a favorable settlement or award.
