They say that dogs are man’s best friend – and according to the statistics, that seems to be true. 38.4% of American households have one or more dogs – which works out to more than 48 million households with dogs in the U.S. But while dogs can be great companions, they still have the potential to hurt someone through a dog bite or attack.
Getting bitten by a dog is a terrifying experience that can leave life-long physical and emotional scars. Victims of dog bites can suffer lacerations, tissue damage, disfigurement, nerve damage, or even broken bones or infection. For months after the attack, the victim may experience post-traumatic stress symptoms: feeling weepy, depressed, or quarrelsome for “no reason,” or being anxious and fearful in ordinary situations.
Devastating injuries such as these can result in substantial medical bills, missed days at work, lost wages, and a great deal of pain and suffering. It’s entirely understandable that dog bite victims want and need compensation for injuries and financial losses. An experienced personal injury lawyer from the Appel Law Firm LLP can help you get the compensation that you deserve for your injuries.
Devastating injuries such as these can result in substantial medical bills, missed days at work, lost wages, and a great deal of pain and suffering. It’s entirely understandable that dog bite victims want and need compensation for injuries and financial losses.
Dog Bite and Attack Attorneys
Under California law, dog owners are “strictly liable” when their dog bites someone. This means that the owners will be held legally responsible for their dog’s actions, even if the dog doesn’t have a history of viciousness or biting. In this respect, California is different from states that have a “one bite” rule, where dog owners aren’t held liable unless their dog has a history of being aggressive or biting people.
Strict liability applies to dog bite cases as long as the dog bite victim did not provoke the dog and was lawfully on the property. In other words, if you were not trespassing and did not do something to make the dog bite you, then you can probably hold the dog’s owner financially liable for any injuries that you suffered. In most (but not all) cases, the owner’s homeowner’s insurance policy will cover injuries from the dog bite.
Dog attack cases are a type of personal injury claim that falls under the broad category of premises liability. However, as noted above, California has special rules for dog bite cases. As a result, these cases are often relatively straightforward in terms of liability.
Unfortunately, that doesn’t mean that it is easy to win a dog bite claim – especially when it comes to getting the total compensation that you may deserve for your injuries. Insurance companies are notorious for trying to pay out as little as possible on injury claims. The best way to get top dollar for your case is to work with a Walnut Creek dog bite attorney.
At Appel Law Firm LLP, our dog bite lawyers have successfully represented numerous dog bite victims in the Walnut Creek and San Francisco East Bay region. We’re not afraid to go head-to-head with the powerful insurance companies that try to limit or deny your claim. We will defend you against dog owners who may insist that you provoked the dog or that you weren’t legally on the property. If you’re entitled to receive compensation, we will fight for every penny you need and deserve.
At the Appel Law Firm LLP, our dog bite lawyers have successfully represented numerous dog bite victims in the Walnut Creek and San Francisco East Bay region. We’re unafraid to go head-to-head with the powerful insurance companies that try limit or deny your claim, and we’ll defend you against dog owners who may insist that you provoked the dog, or weren’t legally on the property. If you’re entitled to receive compensation, we will fight for every penny you need and deserve.
Contact us or call today toll-free at 925-938-2000 for a free consultation if you, your child, or another loved one has suffered a dog bite in the Walnut Creek area.
Elements of a Successful California Dog Bite Claim
In any personal injury lawsuit, the victim (plaintiff) must prove certain elements of the claim in order to hold the at-fault party (defendant) responsible. Typically, this means proving that the defendant was negligent (careless) in some way. For example, in a car accident case, the defendant may have been negligent by changing lanes without looking or by speeding.
Dog bite cases are different because dog owners are strictly liable for any injuries that their dog causes. To win a dog attack lawsuit, you will need to demonstrate the following four elements:
- That the defendant owned a dog;
- That the dog bit the plaintiff while the plaintiff was in a public place or lawfully on private property;
- That the plaintiff was harmed; and
- That the defendant’s dog was a substantial factor in causing the plaintiff’s harm.
For example, if you were taking a walk and a neighbor’s dog broke its lead, chased you, and attacked you, its owner would almost certainly be held strictly liable for your injuries. However, there are situations where a dog bite victim may not be able to recover for a dog attack. This includes:
- If you were trespassing at the time of the dog bite;
- If you provoked the dog;
- If the dog was protecting its owner or another person in accordance with California’s self-defense laws; or
- The dog was a military or police dog being used appropriately.
If you have been bitten by a dog, it is important to consult with a seasoned Walnut Creek personal injury attorney as soon as possible. They will listen to your story, advise you of your legal options, and help you decide how to proceed. In Northern California, call the Appel Law Firm LLP to schedule a free initial consultation.
Damages in a Dog Bite Case
When a dog attacks, it can cause serious, life-changing injuries, such as scarring and permanent disfigurement. In extreme cases, a dog bite can even cause death. Dog bite victims also may suffer from significant trauma.
A settlement or verdict at trial should reflect the seriousness of a dog bite. People who have been bitten by a dog may be entitled to two kinds of compensatory damages: economic and non-economic damages. Both types of damages compensate an injury victim for their losses, although they cover different losses.
Economic damages compensate a victim for their direct financial losses. In a dog bite case, this might include:
- Medical bills for all treatments, including cosmetic surgery and physical rehabilitation
- Physical or occupational therapy
- Psychological counseling/therapy for emotional distress or post-traumatic stress disorder (PTSD)
- Lost wages
- Reduced earning capacity
- Property damage
Non-economic damages are meant to cover intangible losses, such as:
- Pain and suffering
- Loss of enjoyment of life
- Scarring
- Disfigurement
- Emotional distress
In rare cases, punitive damages may be available for a dog bite case. Punitive damages are meant to punish a defendant who acted intentionally or recklessly. There may be situations where a person bitten by a dog can seek punitive damages. A Walnut Creek dog bite lawyer can help you determine the availability of punitive damages in your case.
What To Do After a Dog Bite Attack in Walnut Creek
Each year, 4.7 million Americans are bitten by a dog. If you are attacked by a dog, it’s essential that you take certain steps after the attack to preserve any rights to compensation, should you decide to sue. If you are able to do so, you should:
- Seek immediate medical attention. Dog bites can cause severe harm, if not through the damage to flesh, muscle, or bone, then through infection. If the bite is serious enough, call your doctor or go to the emergency room for treatment. In any case, be sure to take pictures of your dog bite injuries to document them.
- Collect information about the dog, its owner, and the attack. Try to identify the dog that bit you as soon as possible after the attack. Make sure you get the full names and addresses of the dog’s owners as well as those of any witnesses. If you can’t do it, ask a friend or family member to help. The more evidence collected immediately after the attack, the stronger your case will likely be.
- Report the attack. Contact local animal control to report the attack. It’s important for the authorities to know that a potentially dangerous dog is in the area. Also, they may be able to tell you whether the dog has bitten anyone before.
- Call the CCC Animal Services Dept. For dog bite attacks that occurred in Contra Costa County, please contact the CCC Animal Services Dept.
- Avoid contact with the dog owner or their insurance company. You are not required to speak to the dog owners or their insurance company. Often, you can innocently make a statement that will later be used against you. If the insurance company tries to make any offer of compensation to you, don’t agree to anything or sign any papers without first consulting an experienced dog bite lawyer.
In Walnut Creek and the greater Bay Area, reach out to Appel Law Firm LLP to schedule a free consultation before talking to the insurance adjuster or the owner of the dog about your case.
If Dog Owners Are Strictly Liable for Dog Bites, Why Do I Need an Attorney?
Although California law is favorable to victims of dog bites, that doesn’t mean that insurance companies are willing to pay out fair compensation for dog bite claims. Even if they accept liability, they may still argue that your injuries aren’t as bad as you claim. In most cases, they will only offer you a lowball settlement – unless you hire a Walnut Creek dog bite lawyer.
An attorney will fight for your right to maximum compensation by investigating the circumstances of the dog attack, researching the law, and documenting the full scope of your losses. If you have been bitten by a dog, don’t rely on the insurance company to do right by you. Call the Appel Law Firm LLP today to schedule a free consultation with a member of our team.
What If a Dog Attacked Me, But Didn’t Bite Me?
There are many different ways that a dog can potentially hurt a person – such as by jumping on them and knocking them down. If you were hurt by a dog, but it didn’t bite you, then you can still pursue a personal injury claim against the owner. This generally requires proving that the owner knew or should have known that the dog could be dangerous and that the owner failed to take reasonable steps to protect others from the dog. For example, if the owner knew that their dog likes to greet people by jumping on them and failed to restrain their dog properly, they could be held liable.
These cases are often more complicated than dog bites because strict liability rules do not apply. If you were hurt in a dog attack, contact the Appel Law Firm for a free initial consultation.
Let Our Walnut Creek Dog Bite Lawyers Help You
Being attacked by a dog can be incredibly traumatic, and may even lead to severe or fatal injuries. It can be hard to know what to do in this situation, especially if the dog that bit you is owned by a friend or family member. Our law firm is here for you.
Based in Walnut Creek, the Appel Law Firm LLP represents injury victims throughout Northern California. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule a consultation with a Walnut Creek dog bite attorney, give our law office a call at 925-938-2000 or fill out our online contact form.