Steps to Take After an Attack - Advice From A Dog Bite Attorney
Dog Bite Lawyers Montanez Yu
They say dogs are a man’s best friend. As loyal, as loving, and as playful as our beloved canines can be, they also have the potential to inflict harm upon us humans. A dog bite can happen in a split of a second, leading to major injuries, mental trauma, or even a potential fatality.
Have you recently been bitten by a dog? Read on for the next steps to ensure you get the proper treatment and compensation for your dog bite injury.
Bitten by a Dog? Seek Medical Attention
Even if the wound didn’t break skin, there may be damage beneath the skin surface. If you have pain near or at the site of the bite, this is a clear indicator there could be an injury that needs to be evaluated. When in doubt, see a medical professional right away.
Infants and children should always be taken to a doctor after any dog bite as they are unable to clearly express their injuries. Regardless, some injuries are only determined upon professional medical assessment.
The dog’s rabies status must be immediately determined as well because rabies therapy, if necessary, must begin without delay. The victim's tetanus status must also be current.
Types of Dog Bites by Severity
In California, there are six dog bite levels that are legally recognized:
Level 1: Dog shows signs of aggressive behavior towards the victim such as snapping or snarling. No direct physical contact has been initiated.
Level 2: The dog bites the victim, but the skin is not punctured.
Level 3: The victim receives one to four punctures from the dog bite. None of the punctures are deeper than half of the dog’s canine tooth.
Level 4: The victim receives one to four punctures from the dog bite. At least one of the punctures is deeper than half of the dog’s canine tooth. Bruising and/or extreme pain are usually the result of this level of bite.
Level 5: The dog bites the victim multiple times. The victim is left with at least two Level 4 bites.
Level 6: This level of dog bite causes fatal injuries to the victim.
A dog bite attorney can help you determine the level of bite(s) you have received. From there, they can help you fight for compensation for your injury, pain and suffering, and loss of work.
Why Dogs Bite Humans
Dogs bite humans for many reasons. Most of the time, dogs bite as a means of protection whether it be over themselves, their owner, or even their pups.
Anxious or aggressive dogs may also attack a human when they are feeling territorial over their space or resources such as their food. Illness or injury can also trigger a dog to snap at someone. In other cases, canine aggression can strike if the dog is feeling threatened or startled, even if the victim isn’t the one who directly frightened them.
In rare cases, a dog may also bite as a defense mechanism due to past or present abuse.
How to Avoid a Dog Bite
While not all dog bites are inevitable, there are some guidelines you can follow to avoid future dog bites:
Observe its body language to determine if it’s fearful or angry
Respect the dog’s personal space, especially while sleeping or eating
Don’t pet or reach toward a dog without knowing how it might react
Show the dog you are not threatened by remaining calm
Never tease or startle a dog
Avoid breaking up a dog fight
Keep children away from unfamiliar dogs
Can You Sue for a Minor Dog Bite in California?
Yes, you can take legal action even for a minor dog bite in California. The state of California has strict liability regarding dog bites as even minor bites can carry a risk of infection and require medical treatment. This is why hiring an experienced dog bite attorney is important. We can help guide you through the process and make sure you get the most for your suffering.
Not to mention, small dog bite incidents can still lead to significant long-term emotional impacts such as Post-Traumatic Stress Disorder, a phobia, or avoidance behaviors. These emotional consequences may require extensive therapy, which can be costly.
Minor dog bites can also be especially critical to small children, the elderly, and those with current medical conditions.
What Happens After a Dog Bite is Reported?
Once a dog bite is reported in California, a local animal control agency officer will likely interview the victim. The officer will also assess for possible rabies transmission from the dog to the victim.
After a dog bite is reported, even if it’s a first-time incident, the dog may be required to be quarantined. If the dog doesn’t appear to be rabid, it can be quarantined in the owner’s home. Failure for the dog’s owner to comply with quarantine can result in criminal charges.
Will The Dog Be Euthanized?
As previously mentioned, rabid dogs that have bitten someone will be required to be euthanized. However, the dog can still be euthanized even if it isn’t rabid. For example, if the dog has had more than one biting incident, if the dog was specifically trained to attack as a house dog, if it can be classified as “vicious,” or if it had even one very serious incident, like a dog bite to the face, then the dog can also be ordered to be put down.
There are, however, some exceptions to the latter. If the dog bites a trespasser or if they bite in accordance with their line of work (e.g., police or military), then the dog cannot be euthanized for biting in many instances.
Does California Have a One-Bite Rule?
The one-bite rule is a law that allows dog owners to avoid liability for the first time their dog bites someone. Consider this a “free pass.” After the first bite, the owner can be responsible for future bites, assuming no negligence on the owner’s end.
While some states have a one-bite rule, California does not. That means even if it’s a dog’s first time biting someone, the owner can still be liable.
What if a Service Dog Bites Me in California?
A service dog bite is treated the same as a non-service dog bite in the state of California. That said, legal action can still be taken by the victim to receive necessary compensation.
In addition, a service dog’s status may be revoked if the dog displays aggressive or threatening behavior, like in the form of biting someone.
California Law on Dog Bites on Public or Private Property
The legal outcome can vary depending on whether the dog bite occurred on private or public property.
If the bite happened on public property, or if the victim was lawfully invited onto the owner’s private property, the dog owner is usually held liable for the victim's injuries. Keep in mind that warning signs like “Beware of Dog” may not fully protect the liability of the dog owner on their private property.
However, the dog owner is usually not liable if their dog bites someone who provoked the dog or if the victim illegally trespassed onto their private property, that is, unless there is solid evidence that the dog owner was negligent which led to the bite, which may be difficult to prove.
Statute of Limitations on Dog Bite Lawsuits
Most cases have a statute of limitations or a maximum time in which you can initiate legal proceedings. The same goes for dog bite cases. In the state of California, the statute of limitations for a dog bite is two years from the initial date of the incident. For those under the age of 18, they typically have until two years after they turn 18 to file a lawsuit.
After the two year mark, most courts will not consider a dog bite case.
How Dog Bite Victims Can Be Compensated in California
There are many ways a dog bite victim can be compensated. Both economic and non-economic damages can be reimbursed.
Medical expenses from hospital visits to surgery, travel expenses for treatment, and lost wages from having to miss work are examples of economic damages you may be eligible to receive compensation for.
Non-economic damages you may receive compensation for include pain and suffering, reduced quality of life, and permanent scarring.
How to Prove a Dog Bite
When suing for a dog bite in CA, it’s important to gather as much evidence as possible. The more evidence you have, the quicker it will be to settle your case. Not to mention, certain evidence can increase your settlement amount.
Here are some examples of pieces of evidence you should include if possible:
Photographs of injuries from the dog bite
Video footage of the attack
Witness statements
Pay stubs showing lost wages during recovery
Police report
Medical records & receipts
What is the Average Dog Bite Settlement?
Dog bite settlements can vary drastically, ranging up to to hundreds of thousands of dollars.
The settlement the victim may receive depends on the severity of the bite(s) and the cost of any medical attention or treatments required to tend to the bite(s). Lost wages from having to call out of work and any psychological damages will also be put into consideration.
Can You Sue For a Dog Bite Without an Attorney?
While it is possible to sue for a dog bite without a lawyer in California, it’s highly recommended for one to seek the assistance of an attorney.
Not only can the right legal representative increase your odds of winning your case, but they can also speed up the process and ensure maximum settlement. While there are other dog bite lawyers, it is important to hire a dog bite lawyer near you. MontanezYu is located in Corona and knows applicable laws for all of southern California.
How Much Does a Dog Bite Attorney in California Cost?
At Montanez Yu, we don’t charge an upfront fee for our legal services as we are confident that we can help your case. If we can’t get you a settlement or verdict, we don’t require a fee from you. Only pay when we help win your case. It’s as simple as that!
Why are California Based
Dog Bite Lawyers Important?
Just as it is important to see a qualified medical professional, it is just as important to ensure you contact the best dog bite injury lawyer in California to further address the event. You may incur significant medical bills in treating the injury from the bite and any complications that arose from it, such as rabies testing and treatment. We can help ensure you can recover payment for your medical bills for your dog bite injury from those responsible.
Many people fail to realize that the dog owner's homeowner's insurance will cover the claim from such dog bites, even if the bite did not happen on the homeowner's property. Montanez Yu attorneys can help you negotiate with the insurance adjusters to ensure that you get proper compensation or initiate proper legal proceedings against the responsible parties to make sure you are taken care of.
If you’re on the search for a dog bite lawyer in California, we recommend contacting us today. We represent clients from Corona, Norco and Eastvale, to Fullerton and Torrance, and all of Southern California.
Contact us today to speak to a licensed CA attorney.
