Orange County Dog Bite Lawyer

Orange County Dog Bite Lawyer

According to the U.S. Centers for Disease Control (CDC), there are 4.5 million dog bites every year.

California has a specific law addressing dog bites (called the “Dog Bite Statute”, Civ. Code, § 3342). Most importantly, dog bites are “strict liability”. This means that dog owner is absolutely responsible for their dog’s bite, and no fault by the owner must be shown for a claim.

Do I Have A Dog Bite Case?

Under the Dog Bite Statute, California law requires 4 elements to be true for you to have a successful claim:

  1. The Defendant owned a dog,
  2. The dog bit you while you were in a public place or lawfully on private property,
  3. That you were harmed, and
  4. That Defendant’s dog was a substantial factor in causing you harm.

Dog Bite Injuries

Dog bite injuries vary based on where the person is bit, how the person was bit, and the type of dog, and among other factors. Common injuries include: minor and major facial wounds, facial fractures, broken bones, torn ligaments, nerve damage, and soft tissue injuries.

However, it is important to note that the skin DOES NOT need to be broken for you to have a dog bite claim under California law. (Johnson v. McMahan (1998) 68 Cal.App.4th 173, 176 [80 Cal.Rptr.2d 173].).

More than half (51%) of dog bite victims are children, according to the Humane Society. These cases often involve facial injuries given children’s relative height, and can result in serious damages.

What Should I Do If I Am Bit By A Dog?

  1. Dial 911 and request medical assistance if necessary.
  2. Provide an accurate and complete statement to the police and other authorities responding to the call. It’s important to communicate any injuries, and to recall what transpired leading up to the accident.
  3. File a report with Animal Control. Report the incident to local animal control authorities to ensure the dog is evaluated and to create an official record of the bite.
  4. Take a picture of the dog owner’s drivers license or I.D.. Ask for their phone number.
  5. Take photos and videos of everything, including your injuries and the dog.
  6. Speak to witnesses and get their contact information. This will greatly assist in supporting your claim. Send a confirmation text to the witnesses to ensure you have their correct phone number.
  7. Visit a doctor immediately – dog bites need to be treated via vaccine to prevent rabies and other viruses.
  8. Call us at (949) 771-4188 – we will evaluate your claim for free and can direct you to the proper medical providers for treatment.

Who Can I Sue?

In virtually every case, you can sue the dog owner. Although owners are strictly liable for their dogs’ bites, they can also be held liable for other injuries caused by their dogs if the owner was negligent. For example, if an owner has a dog off-leash, and that dog jumps on a child and scratches their eye and causes injury, the owner may be liable as they did not exercise due care.

If the dog bite occurred at or near the owner’s home and they have homeowners or renters insurance, then your damages may be covered by their insurance.

What Damages Can I Recover For A Dog Bite?

If you have been bitten by a dog, you can be compensated for your damages sustained due to the bite, including:

  • Medical bills (hospitalization, emergency room visit, medical treatment, etc.)
  • Lost wages, both current and in the future
  • Pain and suffering, including any emotional or psychological trauma
  • Plastic surgery, to reconstruct the damaged area of the body

If you or a loved one have been bit or injured by a dog, call us at (949) 771-4188 for a free consultation.

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