Each year, thousands of people across the U.S. are bitten by dogs, yet many still view dog bites as a minor issue. In reality, dog bites often go far beyond the moment you’re bitten. These incidents come with serious health risks, financial losses, and confusing legal rules that can make it hard for you to get justice after this type of injury. Fortunately, lawyers who have experience in dog bite cases, like those at Sepulveda Sanchez Accident Lawyers, can help you determine your next steps and hold the owner accountable.
Medical Risks After Suffering a Dog Bite
Dog bites carry more serious medical risks than most people realize. Understanding these risks can help you recognize the importance of seeking medical attention promptly and the potential need for legal assistance. These are some of the most common concerns a person faces after a dog bite:
Rabies
Although rabies is relatively rare, it remains a concern whenever a person is bitten by a dog. When the owner either hasn’t vaccinated their dog or refuses to cooperate and share documentation, this isn’t something to take lightly. Rabies is generally fatal without treatment, so it’s a real concern.
Deep Puncture Wounds
Deep puncture wounds have more consequences than just potential infection. They can be extremely painful and could lead to the formation of abscesses or destroy healthy tissue. These wounds don’t always bleed a lot in the beginning, so victims may underestimate how serious it is.
Infection Risks
Dog mouths carry a mix of bacteria that can easily enter the body through bite wounds. Common infections linked to dog bites include cellulitis, staph, and Pasteurella multocida. These can all cause redness, swelling, fever, or even lead to dangerous bloodstream infections if they aren’t treated appropriately.
Nerve Damage from Severe Bites
If the dog’s teeth strike or sever nerves, the result can be numbness, tingling, loss of movement, and long-term impairment in the affected area. This type of damage sometimes requires surgery and lengthy rehabilitation.
Scarring and Disfigurement
Even once the wounds of a dog bite heal, the victim may be left with significant scarring and even disfigurement. This could bring on chronic pain, and often leads to low self-esteem because of the way their appearance has changed.
Not all of these injuries are visible right away. If you have nerve damage, you may not be aware of it, and infections may not occur immediately either. Always see a medical professional to have the bite examined and cleaned.
Dog Bite Laws in California
Dog bite victims may be surprised to learn that the laws protecting them vary depending on where the incident occurs. Knowing the rules in your state helps you understand when you may be entitled to compensation for your injuries.
California Dog Bite Laws – Strict Liability
In California, the law is especially friendly to bite victims. Dog owners are “strictly liable” for dog bites, which means the owner is responsible for injuries, no matter what the dog’s history is. If you are bitten in a public place or while lawfully on private property, you don’t have to show that the dog was previously aggressive or that the owner knew their animal could be dangerous.
Depending on where you live, dog bite claims can vary and become complicated. The best way to determine the rules that govern your situation is to speak with a lawyer as soon as possible.
How Do I Know if I Have a Dog Bite Legal Case?
If you’ve recently been bitten by a dog, you may be wondering whether you have grounds for a legal case. The answer depends on several important factors, including how the bite happened, where it occurred, and the effects of your injuries.
In California, dog bite laws give victims strong legal rights. Under Civil Code §3342, owners are strictly liable if their dog bites someone in public or on private property where the person had a right to be, even if the dog has never shown aggression before.
Other states may require you to prove the owner was negligent or that the dog was previously declared dangerous.
No matter what state you’re in, you may have a strong legal case if:
- You had to get medical care after the bite
- You suffered pain, scarring, nerve damage, or emotional distress
- The dog was unsupervised or not properly restrained at the time of the attack and
- You reported the incident to animal control or have already been contacted by an insurance company
To find out more about whether you have a case or not, check out our blog post, “How Do I Know If I Have a Dog Bite Legal Case?“
Defenses Dog Owners May Raise if You File a Legal Case
If you’re bitten or injured by a dog and decide to file a dog bite claim in California, you might assume it’s an easy case because of strict liability. While this is sometimes true, this isn’t always accurate. Below are some of the most common defenses an owner might raise to fight back:
The Victim was Trespassing
Dog owners may argue that the injured person had no legal right to be on the property where the bite happened. If this is true, you’ll have a very difficult time winning your claim.
The Victim Provoked the Dog
Another common argument is that the bite or attack only occurred because the person was teasing, hitting, or otherwise intentionally provoking the dog. If this is shown, then you won’t be able to win a claim for compensation as a result of a dog bite.
The Dog was a Police or Military Animal on Duty
Special rules cover law enforcement and military animals performing official duties. If the dog was assisting police during an arrest or investigation and bit someone, its handler or department is usually not held responsible. This isn’t a blanket exception, though, so don’t assume that just because the dog was on duty you can’t hold the owner liable.
The Dog Did Not Bite, But Caused Other Injuries
Strict liability rules in many states, including California, usually only apply to actual bites. If the dog knocked you over or scratched you, even if you suffered injuries, strict liability generally doesn’t apply. This doesn’t mean you can’t win a case for compensation, but you’ll usually need to demonstrate negligence on the part of the owner.
Knowing what defenses you might face can be a valuable part of building your dog bite claim. Every case is different, and talking to a skilled attorney helps you figure out what to expect.
What Insurance Covers Dog Bite Claims?
When you’re bitten by a dog, figuring out who pays can be confusing. Several types of insurance policies may help cover your losses. This could include:
Homeowners Insurance
Most homeowners insurance policies include liability coverage for injuries caused by pets, even if the bite happens away from the owner’s property. This is typically the first place victims look for coverage, as the policy limit is often enough to handle most medical costs.
Renters Insurance
For those who rent, renters insurance often functions like homeowners insurance, covering pet-related injuries wherever they happen.
Umbrella Policy
An umbrella policy offers extra liability coverage on top of a standard homeowners insurance policy. If the injuries are severe and exceed the owner’s policy limits, the umbrella insurance can help cover the costs of medical care, legal expenses, and other costs.
Canine Liability Insurance
This is a specific insurance policy that some dog owners carry, especially if their dog is considered high-risk or if they’re required to carry it due to a previous bite history. This can cover injuries and other losses from the dog bite.
Obtaining compensation after a dog bite is important because expenses can add up very quickly. To determine the best course of action, a lawyer can help you figure out which insurance policy is most likely to cover your costs.
Dog Bite: Who Pays for Rabies Treatment?
If you’ve been bitten by a dog, you may be facing significant expenses, especially if you’re unable to determine if the animal had its rabies vaccine or whether it was up to date. If you have to get rabies treatment as a result, the owner should be liable for these expenses in most cases, though the specifics depend on the state you’re in.
California, for example, holds owners strictly liable if their dog bites and injures someone, even if the dog has shown no previous signs of aggression. This means the owner would be responsible for paying your rabies treatment expenses. This money usually comes from their homeowners or renters insurance.
However, if they don’t have any coverage, you may have to file a lawsuit against the defendant to get the compensation you deserve. You may be able to get compensation for:
- Emergency and follow-up doctor bills
- Rabies shots or any other recommended medical care
- Lost wages if recovery time keeps you away from work
- Pain, suffering, and emotional distress
- Long-term care for infection, scarring, or other complications
In many cases, the victim’s health insurance may also pay a portion of these expenses. However, the owner of the dog (or their insurance company) should be responsible for your copays and any other out-of-pocket expenses related to treatment.
Types of Compensation Available in Dog Bite Claims
If you’ve been bitten by a dog, you may be facing more challenges than you would have thought. In these cases, you could be entitled to recover compensation from the owner of the dog. Here’s what you might be able to get:
Gastos médicos
This covers any expenses incurred for having the bite examined and treated. This could be ambulance rides, emergency room visits, surgery, medication, rabies vaccines and treatment, physical therapy, and anything else that you needed to do to treat the wound. Additionally, you could be entitled to any future care you need as a result of the bite.
Salarios perdidos
If you had to miss work because of your bite, you would be able to recover compensation for your lost wages. This also includes future lost wages, as well as compensation if you are no longer able to work the same job or earn as much as you did before.
Plastic Surgery
In some unfortunate situations, dog bite victims have to seek plastic surgery because of severe bites. If this is the case, any liquidación or verdict you are awarded should take this into consideration.
Pain and Suffering and Emotional Trauma
Compensation also covers damages that aren’t as tangible, like physical pain and suffering and emotional trauma, like anxiety, depression, or post-traumatic stress disorder.
Daños punitivos
In some jurisdictions, particularly egregious situations will lead to punitive damages. These are meant to punish the defendant and deter similar behavior from happening in the future. Punitive damages are awarded rarely in dog bite cases in California, but they’re worth exploring.
Every case is different, and you could be able to recover some or all of these types of damages. Working with a lawyer is the best way to get everything you deserve.
Who is at Fault When You’re Bit By a Dog On Another Person’s Property?
Being bitten by a dog on someone else’s property can create difficult legal questions. However, understanding the law and speaking with a lawyer can help you make sense of the situation. Here’s what you should keep in mind:
Dog Owner Liability
Under California’s strict liability law, you only need to prove you were bitten, the dog belonged to the owner you’re filing against, and you had permission to be on the property. You don’t have to prove that the dog was considered dangerous or had bitten someone before.
Property Owner Liability
If someone else owned the property and not the dog, that person might still be at fault. For example, if they knew the dog was on their property and were aware of any danger, failed to fix broken gates or fences, or ignored previous problems, they could be held at least partially responsible for your injuries and losses. In these situations, you’ll likely have to prove negligence, though.
Business Liability
Businesses that welcome the public typically have additional responsibilities to ensure a safe environment. A business owner can be held legally responsible for a dog bite if the dog belongs to the owner or an employee, is used for security or in the presence of customers, or if the business was aware of the dog’s risk and failed to follow animal safety regulations.
Responsibility for a dog bite on private property in California comes down to who owned and controlled the dog, how the property was managed, and your right to be there. To get clear answers and the compensation you deserve, speak with a personal injury attorney right away.
For more details about this situation, read our full article, “Dog Bite on Private Property: Who’s at Fault?”
What To Do After Being Bit By a Dog
Dog bites might not seem like that big of a deal at first, but they can quickly turn into medical and legal issues. Taking the right steps early is crucial to protect your well-being and your potential legal claim for compensation. Here’s what you should do:
- Identify the dog and owner: Write down the name and contact information of the dog owner, a description of the dog, and where the incident took place.
- Check rabies vaccination status: Ask the owner for the dog’s rabies shot information and provide these details to your doctor.
- Seek medical care: Even if the bite looks small, see a doctor or go to an urgent care. They can clean the wound to prevent infection and assess your need for treatment, like antibiotics or a tetanus shot.
- Document everything: Take photos of any injuries and the area where the bite happened. Gather your medical paperwork and get contact information from anyone who witnessed the interaction.
- Report the bite to animal control: Local animal control will confirm the dog’s vaccination history and can monitor the dog if there’s a risk of rabies.
You may not need a lawyer for every dog bite. However, if your injuries worsen or the owner denies what happened, it’s smart to contact a personal injury attorney for advice. You can read more about what to do in our in-depth post: “Bit by a Dog? Take These Steps Just in Case.”
Contact Sepulveda Sanchez Accident Lawyers For a Free Consultation with a Dog Bite Lawyer
If you’ve been bitten by a dog and are dealing with injuries and other losses, you don’t have to handle the aftermath on your own. You may know that you should seek medical attention as soon as possible, but it’s also important to know that you should consider reaching out for legal help as well.
You deserve to be compensated for your medical expenses and any other losses resulting from the incident, and our team can assist you with that. We’ve helped many individuals and families recover compensation after an injury, and we’re here to help you as well. Contact Sepulveda Sanchez Accident Lawyers to schedule a free consultation with one of our dog bite lawyers. Call (213) 397-2036 or complete our online contact form hoy.