When Dog Attacks Turn Your Life Upside Down
Los Angeles dog bite attorneys help victims steer the legal process after a traumatic dog attack. If you’ve been bitten by a dog in Los Angeles, understanding your rights is the first step toward recovery.
Quick Answer for Dog Bite Victims:
- California’s strict liability law holds dog owners responsible, even for a first bite.
- You have 2 years to file a lawsuit from the bite date.
- You can recover damages for medical bills, lost wages, and pain and suffering.
- Most attorneys work on contingency, so you pay nothing unless they win.
- Contact a lawyer immediately to protect your rights.
Dog attacks are alarmingly common. The CDC estimates 4.5 million Americans are bitten by dogs annually. In Los Angeles, a dog bite can cause serious physical injuries and deep emotional trauma, including lasting fears or PTSD, especially in children.
Fortunately, California law is on the victim’s side. Unlike states with a “one-bite rule,” California holds dog owners responsible for injuries their pets cause. You don’t have to prove the owner knew their dog was dangerous. However, insurance companies often try to minimize or deny claims, making experienced legal help crucial for protecting your recovery.
Los angeles dog bite attorneys definitions:
Understanding Your Rights: California’s Strict Liability Dog Bite Law
California law is clear regarding dog bites. The state follows a strict liability rule, codified in California Civil Code § 3342. This means if a dog bites you, the owner is responsible for your injuries, regardless of the dog’s history. Los angeles dog bite attorneys know that excuses about the dog being “usually friendly” are irrelevant under this law.
The responsibility rests with the owner. You don’t need to prove the owner was careless or knew their dog was dangerous. As long as you were in a public place or lawfully on private property (not trespassing), the owner is liable for your damages. This victim-friendly framework provides a more direct path to compensation.
What You Need to Prove in a Dog Bite Claim
Under California’s strict liability law, a successful claim requires proving four key elements:
- Ownership: You must identify who owned or was responsible for the dog.
- Bite: You must show that the dog actually bit you. Medical records, photos, and witness statements are crucial for documentation.
- Harm: You must have suffered actual harm, which includes physical injuries, medical bills, lost wages, and emotional trauma.
- Location: The bite must have occurred in a public place or while you were lawfully on private property. This element often relates to Premises Liability Injury Cases principles.
Notably, you do not need to prove the owner was negligent. This simplifies the process and focuses on protecting victims.
How is a Bite Different From Other Dog-Related Injuries?
The strict liability rule applies specifically to dog bites, where teeth break the skin. Other injuries caused by dogs, such as being knocked over or tripped by a leash, fall under a different legal standard.
For these “non-bite” injuries, you typically must prove negligence. This means showing the owner failed to use reasonable care to prevent the injury. For example, did they let a large dog run loose in a crowded area? Proving negligence requires more evidence than a strict liability bite case.
Even if your injury wasn’t a bite, you may still have a valid claim. An experienced Dog Bite Accident Attorney can help build the right case based on the circumstances of your injury.
First Steps to Take After a Dog Attack in Los Angeles
What you do immediately after a dog attack can significantly impact your health and any potential legal claim. Taking the right steps protects your well-being and preserves crucial evidence.
Here’s a list of immediate actions to take:
- Seek Immediate Medical Attention: Your health is the top priority.
- Report the Bite to Authorities: This creates an official record.
- Gather Crucial Evidence: Documentation is key for your claim.
- Identify the Dog and Owner: Get contact and insurance information.
- Do NOT Discuss the Incident with Insurance Companies: Let your attorney handle it.
- Contact a Los Angeles Dog Bite Attorney: We can guide you through the process.
1. Seek Immediate Medical Attention
Even if a bite seems minor, see a doctor right away. Dog bites can cause serious infections like cellulitis, tetanus, or rabies. A medical professional can properly clean the wound, determine if stitches are needed, and prescribe antibiotics. This treatment safeguards your health and creates official documentation of your injuries, which is vital for a legal claim.
2. Report the Bite to Authorities
Always report the dog bite to the appropriate authorities. Contact Los Angeles Animal Care and Control and, if necessary, the police. Animal Control will investigate, verify the dog’s vaccination status, and may quarantine the animal. Their report provides critical evidence. A police report adds another layer of official documentation.
3. Gather Crucial Evidence
After ensuring your safety, collect as much evidence as possible to strengthen your claim.
- Photos of Injuries: Take clear photos of your injuries immediately and as they heal to document their severity.
- Photos of the Location: Capture images of where the attack occurred, including details like broken fences or open gates.
- Dog Owner’s Information: Get the owner’s name, address, phone number, and homeowner’s or renter’s insurance information.
- Witness Contact Details: If anyone saw the attack, get their names and phone numbers.
- Torn Clothing: Preserve any clothing damaged during the attack as evidence.
Navigating Your Claim with Los Angeles Dog Bite Attorneys
After a dog attack, you need to focus on healing, not legal battles. Los Angeles dog bite attorneys can shoulder the legal burden for you. Insurance companies aim to pay as little as possible, and you need an advocate who knows their tactics.
We work on contingency fees, meaning you pay nothing upfront. We only get paid if we win your case, from a percentage of the settlement or award. This allows you to access quality legal representation without financial risk. Our role is to investigate, gather evidence, negotiate with insurers, and, if necessary, take your case to court. You can learn more about how we help as Personal Injury Attorneys in Los Angeles.
What Types of Damages Can You Recover?
California law allows you to recover compensation for all financial and emotional impacts of a dog bite.
- Medical expenses cover everything from the initial ER visit to future needs like physical therapy or scar revision surgery.
- Lost wages compensate for missed work, while loss of earning capacity addresses long-term impacts on your ability to earn an income.
- Pain and suffering and emotional distress damages recognize the physical discomfort and psychological trauma, such as anxiety, depression, or PTSD.
- Scarring and disfigurement damages are for permanent changes to your appearance that can affect self-confidence and career prospects.
We document every loss to build a comprehensive case. For more details, see Dog Bites Recourse Personal Injury Attorney.
What is the Statute of Limitations for Los Angeles Dog Bite Attorneys?
Time is limited. California’s California Code of Civil Procedure 335.1 sets a two-year deadline from the attack date to file a lawsuit. If you miss this deadline, you lose your right to compensation.
This deadline can pass quickly while you are focused on recovery. There are exceptions for minors (the clock may not start until they turn 18) and much shorter deadlines for claims against government entities (sometimes just six months). Contacting Los Angeles dog bite attorneys promptly is crucial to protect your legal rights.
How a Lawyer Helps with Medical Care and Documentation
An attorney is part of your recovery team. We can connect you with medical providers who understand dog bite injuries and may work on a lien basis, meaning they get paid from your settlement, so you have no upfront costs.
We ensure all your treatment is properly documented to support your claim. This includes working with medical professionals to articulate the long-term effects of your injuries, such as nerve damage or PTSD, to ensure your settlement covers future needs and ongoing suffering.
Common Injuries and Potential Defenses in a Bite Case
Dog attacks cause severe physical and emotional wounds. Understanding these injuries and the defenses dog owners may use can help you prepare for your case.
Common Physical and Psychological Injuries
Physical damage from a dog bite can be devastating. Puncture wounds can drive bacteria deep into tissues, causing serious infections. Lacerations (tears and gashes) often require stitches and can lead to permanent scarring and disfigurement. Severe attacks can cause nerve damage, leading to loss of function or chronic pain, and even broken bones.
The psychological wounds are just as significant. Many victims develop Post-Traumatic Stress Disorder (PTSD), experiencing flashbacks and severe anxiety. Cynophobia, an intense fear of dogs, can drastically alter a person’s life. Children are the most frequent victims and are particularly vulnerable to lasting psychological trauma.
Are Certain Dog Breeds Considered More Dangerous?
While statistics from sources like 2018 dog bite fatality statistics show certain breeds are involved in more severe attacks, California law focuses on the owner’s responsibility, not the dog’s breed. Under the strict liability statute, an owner is liable whether their dog is a Chihuahua or a Pit Bull. Los Angeles dog bite attorneys know that any dog can bite, and the legal issue is owner responsibility, not breed.
Potential Defenses a Dog Owner Might Use
Even with California’s strong victim protection laws, dog owners and their insurers may try to avoid liability. Common defenses include:
- Trespassing: The strict liability law does not protect someone who was on the property illegally when the bite occurred.
- Provoking the dog: The owner might claim you teased or harmed the dog, causing it to attack. Under comparative negligence, if you are found partially at fault, your compensation can be reduced.
- Assumption of risk: This defense applies narrowly to professionals like veterinarians or dog groomers who are understood to accept the risk of being bitten as part of their job.
- Comparative negligence: An owner might argue your actions contributed to the attack, such as ignoring a “Beware of Dog” sign.
Frequently Asked Questions
Victims of dog bites often have pressing legal questions. Here are straightforward answers to some common concerns.
How much is a dog bite case worth in Los Angeles?
Every case is unique, so there’s no simple answer. The value of your case depends on several factors:
- Severity of injury: A bite requiring plastic surgery is worth more than a minor wound.
- Medical costs: This includes all past and future medical treatment.
- Lost income: Compensation for missed work and reduced future earning capacity.
- Emotional trauma: The psychological impact of the attack is a key component.
While minor cases might settle for $10,000 to $30,000, serious injuries often lead to settlements of $100,000 or more. The average dog bite insurance payout in California was $78,125 in 2023, but this is just an average. As your Los Angeles dog bite attorneys, our job is to document all your losses to fight for full compensation.
Will I have to go to court for my dog bite case?
The vast majority of dog bite cases settle out of court. We prepare every case as if it will go to trial, but our goal is to achieve a fair settlement through negotiation. We submit a detailed demand package to the insurance company and negotiate on your behalf. If they refuse to be reasonable, we file a lawsuit, but most cases still settle before a trial begins.
How do contingency fees work for a dog bite lawyer?
We work on a contingency fee basis, which means “no win, no fee.” You pay no upfront costs for our legal services. We cover the expenses of building your case. Our fee is a pre-agreed percentage taken from the compensation we recover for you. This arrangement, outlined in our client agreement, allows anyone to afford quality legal help and motivates us to get you the best possible result.
Conclusion
A dog bite can be a painful and traumatic event, but you don’t have to face the aftermath alone. California’s strict liability law is on your side, holding dog owners responsible for the harm their pets cause. This gives you a clear path to compensation for your medical bills, lost wages, and pain and suffering.
However, time is critical. You have a two-year window to file a claim, and acting quickly is essential to preserving evidence and protecting your rights. Los Angeles dog bite attorneys act as your advocate, handling the legal complexities and fighting insurance companies so you can focus on healing.
At Adam Krolikowski Law Firm, we have over 25 years of experience with complex injury cases. We work on a contingency fee basis, so you pay nothing unless we win your case. Our goal is to help you hold the responsible party accountable and secure the resources needed for your recovery.
Don’t let the statute of limitations expire or an insurance company dictate your future. Contact us for a free case evaluation today. Let us answer your questions and help you move forward with confidence.