Dog Bites

ATTACKED BY A DOG?

Dogs have always been a popular pet for individuals and families, but they are animals, and can inflict serious injury on innocent people. These attacks are extremely dangerous, as when a dog attacks, they often bite, rip muscle tissue and skin, and can cause permanent damage, severe scarring, infections and even death.

If you or a loved one has been the victim of a vicious dog attack, it is imperative that you get legal assistance to help you resolve the issue of compensation. The first action in any serious injury is to get medical care. It can be important to have fast intervention due to the high possibility of a serious infection that is carried by dogs, leading to long term problems getting the infection under control.

DOG BITE LAWYERS IN VENTURA COUNTY

Children are the most frequent victims of dog attacks, and are often more seriously injured because of their height and their inability to fend off an attack.

The dog owner will be held liable for the injuries that their animal inflicted on another. All of the costs associated with the dog bite must be paid by the dog owner, including medical care and treatment, future surgeries if necessary, and other damages such as pain and suffering that are part of such a traumatic incident.

California’s Dog Bite Law

California Civil Code section 3342 makes a dog owner liable for damages when their dog bites someone in a public place, or while that person is lawfully on private property. Liability does not depend on whether the owner was careless, and it does not depend on whether the dog had ever bitten anyone before.

This is what is meant by strict liability. Many states follow a “one bite rule,” under which an owner is only responsible once the dog has shown itself to be dangerous. California does not. Under section 3342, the first bite counts.

The statute has limits. It covers bites, not every injury a dog might cause. Someone knocked down by a dog may have a claim, but it would be brought as ordinary negligence rather than under the statute. The statute also does not apply where the person bitten was trespassing, and there are separate rules for police and military dogs performing their duties.

Who Can Be Held Responsible

It is a dog owner’s responsibility to protect neighbors or others that may be present in the area from a vicious attack by their pet. If you or a family member has been the victim in such a case, a Ventura dog bite injury lawyer from The Law Offices of Alfonso & Berriz, APC can assist you with the legal matters involving your claim.

Every aspect of the case must be fully evaluated to determine what damages should be included in your claim, and what parties could be liable. In some cases, a landlord or commercial property manager could also have liability, and it is important to the future health of the victim that your case is managed by a legal professional that is familiar with all aspects of injury law and can protect your right to the compensation you deserve.

A landlord’s responsibility is separate from the owner’s and works differently. It generally depends on whether the landlord knew the dog was dangerous and had the ability to do something about it, which is why tenancy records, prior complaints and any earlier incidents matter in these cases.

What To Do After A Dog Bite

When it is safe to do so:

Get medical attention. Dog bites carry a high infection risk, and puncture wounds that look minor can be deep.
Report the bite. California requires dog bites to be reported to the local health officer, and animal control will normally open a file and confirm the dog’s rabies vaccination status. That file becomes a record of the incident.
Identify the dog and its owner, and get their contact and insurance details.
Photograph the injuries as they heal, not just on the first day, and keep the clothing you were wearing.
Collect names and phone numbers for anyone who saw the attack.

Deadlines

Under California Code of Civil Procedure section 335.1, a personal injury lawsuit generally must be filed within two years of the injury. If a public entity is involved, a written claim is generally required within six months. Deadlines work differently for children, so it is worth asking early rather than assuming.

Questions about whether the property owner has liability for your dog bite injury? Contact a Ventura dog bite attorney from our firm at once if you or a family member was injured by a vicious dog.

Frequently Asked Questions

Is a dog owner automatically responsible in California?

For a bite in a public place, or while you were lawfully on private property, California Civil Code section 3342 holds the owner liable without any need to show the owner was careless. Whether the statute applies to your situation depends on where you were and what happened.

What if the dog had never bitten anyone before?

It does not matter under the statute. California does not follow the “one bite rule,” so an owner can be liable for a first bite.

What if I was bitten on the owner’s property?

The statute still applies if you were there lawfully, as an invited guest, a delivery driver, or anyone else with a legal right to be present. It does not apply to someone trespassing.

What if the dog was provoked?

Provocation can reduce or defeat a claim. California applies comparative fault, so a recovery can be reduced by the injured person’s own share of responsibility rather than barred outright in every case.

Can a landlord be held responsible?

Sometimes. A landlord’s liability is not automatic the way the owner’s is. It generally turns on whether the landlord knew the dog was dangerous and had the power to remove or restrict it.

Does the bite have to be reported?

California requires dog bites to be reported to the local health officer, primarily so the dog’s rabies status can be confirmed. Reporting also creates an official record of the incident, which is useful later.

How long do I have to bring a claim?

Generally two years from the date of the injury under Code of Civil Procedure section 335.1, with a six-month claim requirement if a public entity is involved. Different rules apply to injured children.

What compensation may be available?

Depending on the facts, a claim may cover medical care and treatment, future surgeries, scarring and disfigurement, and pain and suffering. Every case is different and no outcome can be promised.