Who Is Responsible for My Injury Caused by a Dog Bite? A Legal Guide

Americans love their dogs, but sometimes dogs can be unpredictable and dangerous. Whether it’s due to bad training, a nervous reaction or feeling threatened, dog bites do occur. In fact, an estimated 4.5 million people are bitten by dogs in the US each year.

After suffering from a dog bite injury, the first thing someone should do is seek medical attention. If they want to file an insurance claim, the second thing they’ll need to do is hire the best dog bite injury attorney available.

However, dog bite victims may have some questions about dog bite laws that will inform their next steps.

Read on to find out who is responsible for a dog bite injury, common dog bite injuries, and more.

Common Dog Bite Injuries

Dog bites can cause serious injuries and dogs of all sizes and breeds are capable of inflicting these serious injuries. What are some of the most serious injuries that victims often sustain after getting bitten by a dog? Common dog bite injuries include:

• Nerve damage
• Traumatic brain injuries or head trauma
• Neck or back injuries
• Broken bones
• Spinal injuries
• Internal injuries and bleeding
• Puncture wounds and permanent scarring

Some of these injuries have long-term impacts. Spinal injuries, for example, can lead to permanent disabilities and require lifelong physical therapy. For many dog bite victims, the medical bills that accompany their injury are more than they can afford.

Physical injuries aren’t the only concern when a dog bites a human. Emotional damages often occur in the form of increased anxiety, fear, and even PTSD.

Can a Person Get Rabies From a Dog Bite?

Dog bites can be alarming, especially when there’s a risk of contracting rabies. Rabies is a serious viral disease, and it’s natural to wonder about the likelihood of transmission if bitten by a dog. So, how common is rabies in dogs, and what should you do if you’re bitten?

How Likely is Rabies in Dogs in the United States?

In the U.S., rabies in dogs is rare, especially among pet dogs with responsible owners. According to the CDC, in 2018, only 63 dogs tested positive for rabies across the country. This low number is largely due to widespread vaccination programs that help control the spread of rabies among domestic animals. For more statistics on rabies cases, visit NBC LA’s article on rabies control in pets.

Is it Safe to Assume All Dogs Are Vaccinated?

While most pet dogs are vaccinated, it’s always wise to check, particularly if bitten. Ask the dog’s owner for proof of rabies vaccination. Responsible pet owners typically have vaccination records readily available, offering you peace of mind. However, if there’s no record, it’s best to be cautious.

Can Humans Really Contract Rabies from Dog Bites?

Yes, rabies can be transmitted to humans through a dog bite, although this is uncommon due to vaccination efforts. Rabies is transmitted through saliva, and a bite from an infected dog could introduce the virus into a person’s system. Immediate medical care is essential if there’s any suspicion that a dog could be infected. Read more about rabies transmission risks on ABC7’s coverage of rabies cases in the U.S..

What Should You Do If Bitten by a Dog?

If you’ve been bitten, clean the wound thoroughly with soap and water and seek medical attention as soon as possible. A healthcare professional can assess the risk and recommend a post-exposure prophylaxis (PEP) if necessary. According to the CDC, timely treatment is highly effective at preventing rabies in humans. Learn more about treatment protocols on Fox 11’s guide to dog bite treatments.

Q: How soon should I get medical attention if I’m bitten?
A: It’s best to seek medical help immediately after a bite, especially if the dog’s vaccination status is unknown. Early intervention can prevent rabies from developing.

Remember, while the risk of rabies is low in the U.S., taking precautions is crucial for your health and safety.

Who is Liable for a Dog Bite in California?

When it comes to dog bite cases in California, state law operates under “strict liability.” This means that, in nearly all situations, if a dog bites someone, the dog’s owner will be held responsible for any injuries caused. Unlike some other states where the victim may need to prove that the dog has a history of aggression, California’s strict liability rule holds owners accountable, even if it was the first time the dog showed any signs of aggression.

Understanding who is liable in a dog bite incident is essential, especially given California’s high rate of dog bite incidents compared to other states. According to recent statistics, California consistently ranks among the top states for dog bite-related insurance claims, which reached thousands annually. You can learn more about these trends on sites like ABC7 and NBC LA, which frequently cover updates on dog bite incidents and related legal changes.

Key Considerations in a Dog Bite Liability Case

While strict liability makes it clear that the owner is usually responsible, there are several factors that can affect the outcome of a dog bite claim. Some of the main considerations include:

1. Location of the Incident: If the bite occurred on private property where the victim was legally permitted (for example, a delivery worker or guest), the owner is likely liable. However, if the victim was trespassing, this could impact the case.
2. Owner’s Precautions: While strict liability doesn’t require proof of owner negligence, some judges may take into account whether the owner took any preventative measures. Were there clear warning signs, secure fencing, or indications of a dog’s potential aggression? Although not typically a determining factor, such details could influence the final decision.
3. Type of Injury: In California, the extent of injury may impact the claim, as some cases lead to significant compensation for severe injuries. According to recent reports from Fox11, dog bite victims in California can pursue compensation for medical expenses, lost wages, and even emotional distress. This is especially relevant in cases involving children, who are often more vulnerable to serious injuries from dog bites.

Commonly Asked Questions About Dog Bite Liability

Q: Does California’s strict liability law apply to all dog bites, even if the dog has no history of aggression?

A: Yes, California’s strict liability law holds owners responsible, regardless of the dog’s past behavior. This differs from other states where the owner might only be liable if they knew the dog had a history of aggression.

Q: Are there any exceptions to California’s dog bite law?

A: There are limited exceptions. For example, if a person provokes a dog or was trespassing on the owner’s property, the owner may not be held liable. However, these cases are relatively rare and typically need strong evidence to support the claim.

Pursuing a Dog Bite Claim in California

If you’re considering a dog bite claim, consulting with an experienced attorney is advisable. Legal professionals specializing in personal injury cases can provide guidance on the specifics of California’s dog bite laws, helping you determine whether you have a strong claim and what compensation may be pursued. Additionally, local resources such as NBC LA often offer updates on high-profile cases, legal adjustments, and public safety recommendations regarding dog bite prevention.

Understanding liability for dog bites in California is crucial for both dog owners and potential victims. By being aware of these strict liability rules, individuals can take the necessary precautions and understand their rights should an incident occur.

What If a Person Was Petting the Dog When It Bit Them?

What if someone was petting a dog when it bit them? Does that mean that they provoked the dog in some way? The answer is no.

The owner is still liable for a dog bite, even if someone was petting their dog when it bit them.

What If the Dog Has Never Bitten Anyone Before?

In some states, an owner can fight a dog bite claim by stating that their dog never bit anyone before and therefore, they didn’t know to expect it. This is not the case in California.

The owner is liable for that first bite. The only real difference that a first (versus second or third) bite will make applies to what happens to the dog in question.

What If the Injured Party Was Trespassing?

Strict liability is not without limits. A dog bite victim can file a claim if a dog bit them in a public space. They can also file a claim if they were private property with permission.

If a person was trespassing on the dog owner’s private property when they were bitten, the owner will most likely not be held liable.

(Note that mail carriers and other similar professionals enter private property with permission when they are on the job.)

What If the Dog Caused Harm But Did Not Bite?

What if a dog knocked someone over and caused a head injury? What if a dog caused harm but did not bite the victim?

Dog bite law applies only when a dog bites a victim. If an injury was sustained from other forms of behavior, the victim will want to file a personal injury claim. This will require the assistance of a top injury attorney.

What If the Dog Did Bite But Serious Injuries Were Not Sustained?

Can a dog bite victim file a claim if the dog bite didn’t cause serious injuries? It isn’t advisable.

Dog bite claims can take months to settle. If the victim doesn’t have substantial or damages to recover, the claim may not be worth the effort. It is possible that such a claim wouldn’t make it very far before getting dismissed by a judge.

What If the Dog Was a Police or Military Dog?

Some people wonder if strict liability laws apply if the dog in question was an active police or military dog. The answer is that it depends on the situation.

An injured party cannot file a claim if the dog was doing law enforcement work when it bit them. This may also apply if the dog was defending someone from the injured party.

However, if the injured party was not a suspect in the police or military case, strict liability does apply. In other words, innocent bystanders or victims of a crime may file a claim if they were bitten by a police or military dog.

What Damages Can a Dog Bite Victim Recover?

The top dog bite lawyers can help victims recover the damages they are owed. What kinds of damages can someone file for in a dog bite claim?

Medical Bills

First and foremost, dog bite victims will want to recover the money spent on medical bills. This includes all medical bills related to the dog bite, including past, present, and future. For that reason, it is advisable for victims to wait until medical professionals can provide an assessment of future medical care needs.

Medical bills also include any bills related to mental health. For example, if a dog bite victim needed cognitive therapy to cope with related trauma, those bills would be included in the dog bite claim.

In order to establish related medical expenses, the victim’s attorney will need certain paperwork from their client. This includes related medical records, and all related medical bills, as well as projections of future medical care.

Lost Income

Lost income is another important component of dog bite claims. Some victims may sustain injuries that impact their ability to work. Any income they would receive if they hadn’t been bitten by a dog can come into play.

What are some examples of lost income?

Someone may have to take time off from work while they recover from their injuries. They may also have their responsibilities reduced due to a new disability. Both of these things may result in lost income and will come up in a dog bite claim.

In order to establish related lost income, the victim’s attorney will need additional paperwork. This includes current and previous paystubs. It also includes any written documentation of a change in status, a change in work duties, or missed workdays.

Additional Damages

Some damages are harder to quantify, which is why victims of dog bites will want to hire the best dog bite injury attorney near them. Suffering, pain, and disfigurement can come into play in a dog bite claim, as any of these factors can impact a person’s overall quality of life. However, these factors must be significant in order to lead to additional compensation.

Work With the Best Dog Bite Injury Attorney in California and Las Vegas

Are you looking for the best dog bite injury attorney in Las Vegas, Sacramento, Los Angeles, Irvine, or the surrounding areas? Heidari Law Group is here to help you win your case and receive the compensation you deserve.

We want to hear the details of your case. Contact us today to get a free consultation. We’ll let you know what we think your odds are of winning your claim before you make any final decisions and we won’t charge any fees until you win.