In California, 48,596 people visited emergency rooms in 2022 after they were bit or attacked by a dog. That’s a rate of 125 hospital trips per 100,000 state residents.
When a dog attacks, the physical and mental consequences can be devastating for victims. Fortunately, California law provides strong protection so those who have been hurt can get monetary compensation for their damages.
You’ll want an advocate on your side to help you fight for the money you deserve, though, as navigating the legal system can be complicated and insurers who pay out dog bite claims often try to limit their financial losses at the victim’s expense.
JSM Injury Firm APC is here to help ensure that you are fairly compensated after a bite incident. Our Anaheim dog bite lawyers have decades of legal experience fighting for the rights of injured victims. We have prevailed in court and we have negotiated successful out-of-court settlements to help our clients recover millions in damages. We are ready to bring the same dedicated advocacy to your claim that has helped so many in the past.
To find out more about the assistance we can offer, give us a call today at (949) 404-4826 to schedule a free consultation with one of our personal injury attorneys in Anaheim.
Dog Bite Laws in California
California has strict rules to protect victims of dog attacks. Those rules are set forth in California Civil Code section 3342. This law states that “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.”
This statute establishes something called a strict liability rule. Under strict liability rules, you do not have to demonstrate negligence to make a successful dog attack claim, as you would in an ordinary injury claim such as a car accident case. You should be entitled to prevail in your case and recover compensation for your losses as long as you can demonstrate the following:
The dog bit you
You were lawfully in a public or private place when the bite incident occurred
You were harmed as a result of the bite incident and there are damages that you can be compensated for.
If the dog owner accuses you of provoking the dog as a defense to your claim, you will also have to argue against those allegations so the dog owner is unable to prove that the provocation was the cause of the incident.
In general, though, California’s strict liability dog bite law makes it easier to recover monetary compensation from the dog’s owner. It’s a contrast to the rules that apply in some other states, which have been dubbed “one bite” rules. In many other states, the laws only hold dog owners liable for damages if the owner’s were negligent in some way — usually, as a result of ignoring past aggressive behavior on the part of the dog that should have put them on notice that an attack could happen.
Now, you still need evidence to prove your claim and to show the extent of your damages even under California’s favorable laws. However, because of strict liability rules, you can more easily get compensation for losses even from an owner whose dog was never aggressive before, as long as that dog did in fact bite you and hurt you in this particular situation while you were behaving lawfully.
Dog Bite Accident Claims
Under California Code of Civil Procedure section 335.1 there is a two-year statute of limitations for any legal actions that arise from “assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.” This time limit applies to dog bite cases as well as other types of personal injury claims.
This means that you have two years to bring a case against the dog’s owner before the statute of limitations expires and your claim is time barred. You generally want to act swiftly, though, as the sooner you get documented proof of the bite injuries and begin pursuing your case, the sooner you can get compensation and move forward with your life.
When you make your claim, you will typically be dealing with the homeowners insurance company or the renters insurance company of the dog’s owner. That’s because these types of insurance policies cover legal claims against policyholders after a dog bite.
Insurers usually aim to pay as little as possible, even when a valid claim is made, so it will be up to you to understand what a fair settlement offer is, to turn down offers that don’t provide full compensation, and to fight to recover all of the monetary damages you deserve.
JSM Injury Firm APC is not afraid to stand up to big insurance companies. We can fight hard on your behalf to get you fully compensated for medical costs; loss of wages; pain and discomfort and emotional distress after a dog bite incident.
This includes not just past losses, but also future losses if your dog bite injuries cause you ongoing pain and distress, diminished your quality of life, or will need additional surgeries or ongoing care in order to recover fully.
If the dog’s owner is uninsured, we can also help you to go after the owner personally to recover compensation from them directly for the losses their animal caused you to endure.
How an Anaheim Dog Bite Attorney Can Help You
When you or someone you love has been the victim of an animal attack, call (949) 404-4826 to reach out to an Anaheim dog bite lawyer today at JSM Injury Firm APC.
You can schedule a free consultation and learn what we can do for you. Since we don’t collect legal fees unless we win your case, you have nothing to lose by getting the legal help you deserve to be fully and fairly compensated after an animal attack.
