Dog Bite Injury Lawyer

Dog Bite Attorney

Dog bites could lead to some serious injuries that should be evaluated by a doctor right away. Young children and older adults are very vulnerable to dog bites. Dog bites are especially common in California. Damages you could receive and recover from a dog bite injury include medical bills, lost wages, disfigurement, and emotional distress. 

Not only could dog bites lead to physical injuries, but the victim will have to live with the emotional trauma forever. This could be a very devastating experience, especially if the victim is a young child.

Make sure that you have an experienced attorney on your side, and contact Heidari law today to see how our top-rated attorneys could help you.  We are available 24/7 for any legal consultations or case evaluations. We know how difficult it could be to come forward and report a dog bite incident, especially if you do not know who the dog owner is. Our attorneys will investigate the dog bite incident and locate the dog owner. The sooner you speak to our lawyers, the better it is for your lawsuit.

California is known to have a dog bite law that is considered to be the “one bite rule” where the owner is held liable for their dog’s bite if their dog has bitten someone before or has displayed past violent tendencies. 

But, California also follows strict liability laws where the dog owner is responsible for their dog regardless of if they have shown dangerous tendencies before. Make sure that you have a highly qualified attorney to help you with the legal hurdles associated with filing a dog bite claim.

How Can Our Dog Bite Injury Lawyers Help You?

We will conduct thorough investigations to look into the attack and find out the identity of the dog owner. This is done through various different ways, such as looking for video surveillance or interviewing witnesses.

We will file insurance claims and negotiate with other third parties to make sure that you get proper compensation.

California Dog Bite Laws

California civil code section 3342 is a statute that addresses dog bites and explains the “one bite rule.” The statute explains that the dog owner is liable for the injuries caused as long as:

• They do not provoke the dog
• The person was lawfully on the property

For the victim to have a case based on personal injury law in California, they must be able to prove three things:

• The dog that committed the attack was owned by the defendant.
• The victim was bitten while on public property or while on private property legally.
• The victim’s injuries were directly from the bite.

California Dog Bite Statistics

• About 5,000,000 dog bites occur annually across the United States with hundreds of thousands requiring hospital care.
• Nearly 50% of dog bite victims are young kids.
• California sees some of the most dog attacks out of any state in the country and has seen the second most dog bite fatalities in America over the past 15 years.
• California is the national leader in the number of dog bite claims per year and sees the highest average payout per case.
• Los Angeles is regularly one of the top cities in America for the most dog attacks on postmen per year.
• In the last 15 years, Pit bulls have caused the majority of dog bite fatalities in the United States with Rottweilers, German Shepherds, Mixed-breeds, and American bulldogs being the next most deadly breeds.
• A 15-year study from the California Department of Public Health showed that children under the age of 10 visited emergency departments across the state more than any other age group of residents. Additionally, the same study showed that children are more than 3x likely to be bitten in the head or face compared to other age groups.
• Rabies is listed by the California Department of Public Health as the most serious disease that can result from dog bites, but the department lists bats and skunks as the most likely animals to transmit the disease within the state.
• Data from the California Department of Health Care Access and Information showed that nearly 49,000 Californians visited an emergency room in 2022 for a dog-bite-related injury. This equates to an average of around 125 visits per 100,000 residents, representing an over 70% increase in the average rate since 2005.
• Fatalities resulting from dog bite injuries are extremely rare, California saw 28 residents die from dog bite injuries between 2018 – 2022. Throughout the entire United States, dog bites resulted in 98 deaths in 2022 and the death rate roughly doubled from 2005 to 2022 according to the national Center for Disease Control.

Check out the list of most dog attacks by breed and how you can prevent a dog bite or attack in California.

Are There Laws in California Specifically Regarding Dogs with Rabies?

Reporting: According to the California Department of Public Health, 17 California Code of Regulations [CCR] §2606 requires that any knowledge regarding the whereabouts of animals that are known to or suspected to have rabies be reported to the local health officer, and additionally, the health officer must be notified of any person or animal who has been bitten by an animal that is rabid or is suspected to be rabid.

All 58 California counties are classified as “rabies areas” according to the Director of the State Department of Health Services. Any individual who is bitten in any of California by an animal that is capable of carrying rabies, whether or not the animal is suspected of having rabies, must report the bite to a local health officer.

Isolation: Any rabid animal, animal that is clinically-suspected of being rabid, or an animal that is biting should be isolated in strict confinement under the observative care of a veterinarian or veterinary hospital, pound, or equivalent animal health care facility. The animal should be observed for at least 10-14 days, depending on the severity of observed rabies symptoms or presence of a rabies infection after the animal has bitten someone.

Contact: Any animal of a species that can contract rabies that has been in close contact with or has been bitten any animal that is rabid or is suspected of having rabies is to be quarantined in a confinement situation that is approved by the local health officer.

Common Injuries from Dog Bites

A dog bite (dog attack) can result in severe personal injuries that can require a visit to the hospital.  Around 15%-25% of the people bitten by a dog require medical attention for their injuries.

A few examples of different types of dog bite injuries include:

• Facial Dog Bite;
• Skin Punctures, Lacerations, Abrasions;
• Bruises, Contusions;
• Infection;
• Broken Bones;
• Disfigurement;
• Trauma (Psychological and Emotional);
• Scarring;
• Emotional trauma;
• Infections;
• Fractures; 
• Wounds; 
• Permanent Disability;
• Death

It costs a victim an average of $18,000 per hospital stay as the result of a dog bite in America. There are also tens of thousands of victims who undergo reconstructive surgery after receiving a bite.

Who Could Not Sue for a Dog Bite Injury?

There are several people who are unable to bring a lawsuit against the other party for dog bite injuries. Circumstances, where a lawsuit could most likely fail, include:

• When the animal is a military or police dog
• When the plaintiff provoked the dog
• When the plaintiff was trespassing on another’s property
• When the animal was used for self-defense

Can You Get Compensation from a Dog Bite?

People who have been injured as a result of a dog bite could recover different types of damages. This depends on the situation and the severity of the dog bites. Some examples of damages that dog bite victims could receive include:

• Medical costs
• Lost wages
• Pain and suffering
• Emotional distress
• Physical Therapy
• Scarring

Could I Receive Punitive Damages for a Dog Bite Injury?

Although it is very difficult to receive punitive damages in California or Nevada, in certain circumstances punitive damages may be allowed. Punitive damages are used to make an example out of the defendant. Punitive damages are meant to punish the defendant if they have acted in any specific malicious behavior. Malice occurs when the defendant acted with a “ willful and conscious disregard for the rights or safety of others.” Although very few dog bite cases have been awarded punitive damages, there is no law that specifically prohibits punitive damages for your injuries.

When Should I File a Lawsuit for a Dog Bite Injury?

We advise our clients to file a lawsuit as soon as possible after being bitten by a dog. When you wait, the statute of limitations may pass. The statute of limitations states the time in which you can bring a claim against the other party. For example, in California and Nevada, the statute of limitations for bringing a dog bite claim is 2 years. When you bring a clean after these two years have passed, your claim will most likely fail.

Nevada Dog Bite Laws

Unlike California, Nevada does not have a dog bite statute that extends to the entire state. However, the most populated county, Clark County, has a statute in place where an owner whose dog bites another person faces civil liability if the dog has shown a previous history of aggression. This Clark County statute applies to the city of Las Vegas and the city of Henderson.

It is important to note that Nevada does not have a strict liability law when it comes to dog bites in the state. Usually, this means that the owner is not responsible for paying the victim of the dog bite any damages unless the dog has a history of dangerousness or the owner was negligent in watching their dog. Clark County has statutes in place that require those who have been bitten by a dog to report the dog bite to the city or county health officer.

What is Considered a Dangerous Dog in Nevada?

Nevada statutes define what a dangerous dog means. A dog is deemed dangerous if they have misbehaved and acted aggressively:

1. Twice within 18 months
2.  Without being provoked
3.  When the dog is off their leash

It is important to note that this Clark County statute does not necessarily prohibit all dangerous dogs. This statute defines what a dangerous dog is to make sure that owners are on notice of the dangerous tendencies of their dog and to notify them that they should take steps to prevent any future injuries. This could mean purchasing liability insurance, spaying or neutering the animal, keeping the pet secure in the house, etc.

Are Dogs Allowed in Las Vegas?

Clark County has also set specific standards as to where dogs are allowed. Dogs are prohibited at:

• South of Las Vegas Boulevard from Sahara to Sunset Road in the south
• On both sides of Las Vegas Boulevard

What Are Some Defenses the Dog Owner Could Raise?

If you have suffered a dog bite injury, it is important to get legal assistance from an experienced dog bite injury attorney. The dog bite injury attorney will be able to determine liability and oppose any defenses that the defendant may bring forward. Defenses that defendant could bring include:

• Plaintiff did not get injured
• Plaintiff has not suffered damages
• Plaintiff provoked the animal
• The defendant is not the owner of the dog
• Plaintiff assumed the risk when they pet the dog