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Navigating Dog Bite Cases in California: Your Rights and Legal Recourse

January 10, 2024 by Michael Waks

dog biting man's hand

Dog bite incidents can be traumatic and leave lasting physical and emotional scars. If you or someone you know has been bitten by a dog in California, it’s important to understand your rights and the legal recourse available to you. In this blog post, we will explore the legal landscape surrounding dog bite cases in California, providing you with valuable information to help you navigate through this challenging situation.

Establishing Liability

In California, dog owners are held strictly liable for the actions of their pets. This means that regardless of the dog’s previous behavior or the owner’s knowledge of aggression, they can be held responsible for any damages caused by their dog biting someone. It is important to gather evidence such as medical records, witness statements, and photographs of the injuries to establish the liability of the dog owner.

Reporting the Incident

After a dog bite incident, it is crucial to report the incident to the appropriate authorities. Contact local animal control or the police department to ensure that an official report is filed. This documentation is essential for building your case and holding the dog owner accountable for their negligence.

Seeking Medical Attention

The health and safety of the dog bite victim are of utmost importance. Seeking immediate medical attention is necessary, even for seemingly minor injuries. Dog bites can lead to infections and other complications, so it is essential to have a medical professional evaluate and treat your injuries. Additionally, medical records documenting the extent of your injuries will serve as evidence in your case.

Documenting the Incident

Preserving evidence is crucial in dog bite cases. Take photographs of your injuries, the location where the incident occurred, and any visible signs of negligence, such as broken fences or unrestrained dogs. Collect witness statements, including contact information, to support your case. All these pieces of evidence will strengthen your claim and help establish the liability of the dog owner.

Contacting an Attorney

Navigating the legal complexities of a dog bite case can be overwhelming. Consulting with an experienced personal injury attorney who specializes in dog bite cases is highly recommended. An attorney will guide you through the legal process, protect your rights, and advocate for fair compensation for your injuries, medical expenses, pain and suffering, and any other damages you may have incurred.

Statute of Limitations

In California, there is a specific timeframe within which you must file a dog bite lawsuit. It is important to be aware of the statute of limitations, which generally allows you two years from the date of the incident to file a claim. Consulting with an attorney promptly will ensure that your case is filed within the designated timeframe.

Mediation or Litigation

Dog bite cases can often be resolved through negotiation or mediation. Your attorney will work to negotiate a fair settlement with the dog owner’s insurance company. However, if a satisfactory resolution cannot be reached, your attorney will guide you through the litigation process, representing your interests in court.

Conclusion

Being involved in a dog bite incident is a distressing experience, but understanding your rights and legal options can provide you with a sense of empowerment. Remember to establish liability, report the incident, seek medical attention, document the incident, and consult with a skilled personal injury attorney. By taking these steps, you can protect your rights, seek fair compensation, and hold negligent dog owners accountable for their actions.

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Michael Waks
Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.
Michael Waks
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