Dog attacks can lead to serious physical and emotional trauma: Puncture wounds, infections, facial injuries, scarring, nerve damage, and psychological effects such as post-traumatic stress disorder are all possible outcomes. In California, state law allows individuals injured by dogs to pursue compensation if the attack was unprovoked and occurred in a lawful setting.  

Given the legal requirements and potential defenses that can arise, individuals pursuing legal claims often benefit from guidance backed by years of courtroom and settlement experience. Our Victorville dog bite lawyers at Lerner, Moore, Silva, Cunningham & Rubel provide legal representation in these matters and know how to present facts in a clear and persuasive manner.

Who Can Be Held Responsible for a Dog Bite in California?

In most situations, a dog’s owner is legally accountable for injuries caused by the animal. California Civil Code section 3342 sets forth strict liability for dog owners when their dog bites someone in a public place or lawfully in a private location, including the owner’s property. The law does not require the injured person to prove that the dog has previously bitten someone or acted aggressively.

There may also be situations where another party shares responsibility. For example, if a landlord had knowledge of a tenant’s dangerous dog and failed to take reasonable action, liability might extend to that property owner. A dog handler, dog walker, or property manager who failed to take proper care may also bear some responsibility, depending on the facts.

What Defenses Might Be Raised in a Dog Bite Case?

Dog owners or their insurers may raise several defenses to reduce or avoid liability. One common argument is that the injured person was trespassing at the time of the incident. California’s strict liability statute generally applies only to those who were lawfully present on the property. If the individual was unlawfully on private land, the owner might not be held accountable.

Another defense is provocation. If the injured individual was taunting or harassing the dog immediately before the incident, the owner may argue that the animal was reacting to immediate threats. Courts will typically assess whether the dog’s behavior was a foreseeable response to the actions of the person who was bitten.

Comparative fault may also be relevant. If an injured person contributed to the incident through reckless or negligent conduct, any compensation awarded may be reduced. An example would be attempting to grab or touch a dog while it was eating or caring for its puppies, even after being warned not to approach.

What Types of Compensation May Be Recovered After a Dog Bite?

Individuals who have suffered injuries in dog attacks may be able to recover several categories of damages. Medical expenses often represent a significant portion of a legal claim. These can include ambulance transport, emergency treatment, hospitalization, stitches, antibiotics, follow-up visits, and long-term physical therapy or reconstructive surgery.

Pain and suffering compensation may also be available. This category addresses the physical pain, emotional trauma, and mental distress caused by the attack. Disfigurement, scarring, or loss of confidence due to visible injuries may influence how much damages are awarded in this category.

If the individual missed time from work due to the injury, lost wages may be sought. In severe cases, where the individual cannot return to their prior job or must accept a lower-paying position, future loss of earnings may be recoverable. Psychological treatment for post-traumatic stress or anxiety caused by the event may also be compensable, but medical documentation is also necessary for this claim category.

What Steps Should Be Taken After a Dog Bite?

Medical care should be the top priority after any dog bite; even small wounds can become infected or cause lasting damage. Our Victorville dog bite lawyers recommend visiting an emergency room or urgent care center; otherwise, follow up with your medical provider as soon as possible. 

Report the bite to local animal control or a similar agency, especially for tracking the dog’s vaccination history and behavior record. Also, document the injuries through photographs and written notes. If witnesses were present, their names and contact information should be recorded; obtain the owner’s name and address. 

Finally, avoid speaking with insurance representatives or signing documents without legal guidance. Some insurers attempt to settle quickly for an amount that does not reflect the full extent of the injuries or losses. Speaking with our legal team early in the process can help you make informed decisions based on the facts.

Are There Time Limits for Filing a Dog Bite Claim in California?

California law imposes a time limit on personal injury claims, including dog bite cases. This period, known as the statute of limitations, is generally two years from the date of the injury. 

Filing a lawsuit after this window has closed can result in dismissal of the case, regardless of its merit. Still, the deadline may be shorter or longer in some situations; we can explain that in detail.

What Role Does Insurance Play in Dog Bite Claims?

Dog bite claims are often covered under the dog owner’s homeowners or renter’s insurance policy. These policies may provide compensation for medical bills, pain and suffering, lost wages, and other related costs. However, insurance adjusters may dispute the severity of injuries, the extent of treatment, or whether the insured party was at fault.

Some insurance carriers exclude certain dog breeds from coverage. If the dog is a breed identified as high-risk by the insurer, or if the owner failed to disclose ownership of the dog, coverage might be denied. In these situations, pursuing a direct claim against the dog owner may be the only available legal option.

Insurance negotiations can involve multiple parties, legal deadlines, and evidentiary requirements. Our Victorville dog bite lawyers have experience reviewing policy language, communicating with adjusters, and presenting claims backed by medical records and other documentation.

Our Victorville Dog Bite Lawyers at Lerner, Moore, Silva, Cunningham & Rubel Have Years of Experience and Achieve Results for Clients

From investigating liability to addressing insurance coverage issues, our Victorville dog bite lawyers at Lerner, Moore, Silva, Cunningham & Rubel offer legal support. For a free consultation, call 909-889-1131 or complete our online form. Located in Ontario and Victorville, California, we serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.