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Dog Bites: Navigating Life After a Dog Attack

Posted by Julien Williams | Jul 09, 2024 | 0 Comments

Getting attacked and/or bitten by a dog can result in significant long-term injuries, both physical and emotional. See the case of Bridger Walker, a 7 year old boy from Wyoming, who required over 90 stitches and multiple procedures to his face after shielding his younger sister from an attack by a German Shepherd. While his story went viral and was hailed for being a hero, he will likely have permanent scarring from the dog attack, and is a reminder that dog bites can be extremely vicious and traumatizing. 

"One Bite Rule" v. Strict Liability

Some states, such as Nevada and Texas, employ something known as the "one bite rule". This rule protects dog owners from liability for the first injury caused by the dog, given there was no recorded history of aggression or hostility. California, however, employs strict liability, which means that dog owners are held strictly liable if their dog bites or injures another person. It is important to note the difference because it means that under strict liability (Cal. Civ. Code § 3342), anyone who is bringing a lawsuit against a dog owner for an injury is not required to prove that the dog had bitten someone previously or that the owner had acted with some manner of negligence that allowed the incident to occur. They only need to prove two things: 1) they were bitten and 2) the other party had ownership or was responsible for the dog at the time of the incident. It also does not matter if the dog bite occurred on private property, as long as the victim was lawfully present on private property when the attack happened (i.e. not trespassing). 

However, there are some exceptions to California's strict liability law.

  1. Trespassing: If you were on the owner's property without permission, the law may not hold the owner strictly liable because the dog was arguably defending its home.
  2. Provocation – If you teased, harmed, or otherwise provoked the dog, a court may decide that the owner should not be accountable for what the dog did in response.
  3. Employer-Owned Dog – If your employer's dog bit you while you were working, different legal rules might apply, limiting or changing your recovery options.

  4. Government Animals – Military or police dogs are exempt if they bite someone while acting in an official capacity—such as apprehending a suspect—unless the bitten individual was merely nearby and not the target of the dog's actions.

Steps to take Immediately Following a Dog Bite

  1. Identify the Dog and Owner – Get contact details for both the owner and any witnesses.

  2. Check Vaccinations – Ask if the dog is up to date on shots and request documentation if possible.

  3. Take Photos – Document the bite wound and surrounding area.

  4. Seek Medical Care – An exam is crucial, as you may not know if the dog is infected or vaccinated.

  5. Track Lost Wages – If you miss work, keep records to support a potential claim.

  6. Consult an Attorney – A knowledgeable lawyer can explain your rights and help gather evidence.

What Can You Seek Reimbursement For?

You can seek reimbursement for both economic and non-economic damages, such as pain and suffering, permanent scarring and disfigurement, loss of consortium, medical bills, lost wages, etc. 

Why Do So Many Dog Bite Cases Settle Before Litigation?

Settling the case before trial can save both parties a ton of time and money. Trials can drag on for months—sometimes even years—and legal fees can stack up. A settlement is usually faster, and it helps you avoid paying court-related costs. If you're juggling medical bills or out of work because of your injuries, getting money sooner can be a game-changer. Going to trial can also be risky, as sometimes you get more than you'd hoped for; and other times, you walk away with less - or even nothing. When you settle the case before trial, you know exactly how much you're going to be receiving. Dog bites can also be traumatic, and rehashing the details in a courtroom can make it worse. A settlement means you can skip the drama of cross-examinations and public scrutiny while still getting compensation for your injuries.

 

We're here to help!

Contact experienced dog bite attorneys in IrvineDog bites can leave you feeling hurt and confused; let experienced dog bite attorneys located in Irvine, CA take over and put your mind at ease. Call us for a free consultation today!

About the Author

Julien Williams

Managing Partner at Brown & Williams

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