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In the state of California, a victim of a dog bite can seek damages based on a theory of strict liability or negligence. There is another state law that holds dog owners responsible even where the dog has had no prior history of attacks upon persons. Even dogs can have a prior history of violence. When a dog bite occurs, the victim typically suffers physical and emotional trauma, and thousands of dollars in medical expenses.
Victims indeed have legal remedies available to them, to seek damages for a careless dog owner’s conduct, or lack thereof, with the help of a skilled Carlsbad injury attorney. If you or a loved one has suffered a dog bite in Carlsbad, consult with experienced Carlsbad dog bite lawyers in order to fully comprehend the legal process involved in a lawsuit, and the potential recoverable damages.
Dog Bite Statistics and California Law
Within the United States, a dog bite occurs every 75 seconds. Of these dog bite victims, some require serious treatment measures, and more than 1,000 people need to make emergency room visits.
In accordance with California law, for a victim of a dog bite to prevail in their case, they will need to prove that:
- The bite occurred while the victim was on public property, or when the victim was on private property legally
- The named defendant is the owner of the dog
- The dog bite caused the victim to experience and suffer injuries
The state law provides that the dog’s owner is responsible for injuries suffered by anyone bitten by the dog while in a private or public place. The dog owner’s knowledge of any prior viciousness is irrelevant. Dog owners can also be held liable for negligence when looking after a dog.
For example, when a dog owner permits an animal to run freely, it can be considered negligence. For victims that caused the dog to attack, victims can be denied damages. This can happen when the victim harasses the dog.
It’s free to speak with us and learn the value of your case today.
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Types of Injuries in Dog Bite Cases
The severity of dog bite injuries can vary. Some common types of dog bite injuries Carlsbad dog bite lawyers see include:
- Disfigurement
- Rabies
- Facial scars
- Broken bones and crush injuries
- Deep puncture wounds
- Infection
- Psychological trauma
- Head and brain injuries
Dog Bite Victims Damage Claims
In Carlsbad, a dog bite victim can pursue the following types of damages in their case against a responsible dog owner:
- Loss of wages
- Emotional distress
- Current and future medical costs
- Pain and suffering
Contact a Carlsbad Dog Bite Attorney Today
Dog bites occurring in Carlsbad can cause painful and costly injuries to victims. Dog bites all across the state are occurring with greater frequency.
If you or a loved one has been injured from a dog bite in Carlsbad, you should call an experienced Carlsbad dog bite attorney right away. Skilled attorneys can work zealously and diligently for the best interests of the injured individual.
Carlsbad Dog Bite FAQs
Does homeowner’s or renter’s insurance cover dog bite claims in Carlsbad, California?
Yes, homeowner’s and renter’s insurance policies typically cover dog bite claims in Carlsbad under the personal liability portion. However, many insurers in California have breed-specific restrictions or may exclude coverage if the dog has a prior bite history.
Does California’s strict liability law apply if a dog knocked me down without actually biting me?
A dog injury case falls under personal injury law, which covers harm caused by another’s fault. California’s strict liability rule only applies if the dog bites someone. If a dog merely knocks you down, your claim shifts to a general negligence theory, meaning you must prove the owner failed to exercise reasonable care, directly causing your injuries.
How long does it typically take for a dog bite injury claim to settle?
Dog bite claims in Carlsbad often settle faster than car accidents, usually concluding within 6 to 12 months if liability is clear and the injury severity is quickly determined. If the claim involves a minor child, severe disfigurement, or requires litigation, the process takes significantly longer.
Can a landlord be held liable for a tenant’s dog bite injury in Carlsbad?
Yes, a landlord in Carlsbad can be held liable, but not under California’s strict liability rule. You must prove the landlord had actual knowledge of the dog’s dangerous or vicious nature and had the legal ability (e.g., via the lease) to remove the dog but failed to do so.
