Dogs are generally friendly, even going by the nickname ‘man’s best friend.’ However, not all dogs are friendly, with some biting and injuring people, especially children between ages 5 and 9. For most people, dog bites are traumatizing and can leave victims with injuries requiring medical treatment. Essentially, a dog bite can leave you physically, emotionally, and financially distressed.
If you or your loved one is a victim of a dog bite, you may be able to recover compensation for your injuries from the dog owner. However, the law on dog bite injuries is often complicated, and you may need the help of a San Diego dog bite attorney to recover damages.
Regardless of size, dogs can inflict significant injuries leaving victims needing to visit the emergency room. Some of the most common dog bite injuries include:
In some instances, a dog bite injury can also leave a victim emotionally wounded, including with post-traumatic stress disorder.
Unlike some states that exempt dog owners from legal liability if the dog has never attacked anyone in what is known as the one-bite rule, California observes a strict liability rule. In California, dog owners are liable for any injuries their animal cause to a person, regardless of previous attacks or warnings about aggressive behavior.
With California laws requiring dog owners to reasonably control their animals for the safety of others, an owner may also be liable for a dog bite based on the doctrine of negligence. However, there are exceptions to the doctrine, including where the victim provoked the dog or was an illegal trespasser.
In addition to the strict liability rule and doctrine of negligence, a dog bite personal injury claim is also subject to a statute of limitations. A statute of limitation is a ‘deadline’ on when to file a personal injury claim. California law imposes a two-year limit after a dog bite to file a personal injury claim.
Some of the damages you can recover in a dog bite injury claim include medical bills, rehabilitation expenses, loss of wages, emotional trauma, pain and suffering, and property damage. In some cases, you may also be able to recover punitive damages.
While there are exceptions to the doctrine of negligence, including the victim’s provocation of the animal, the law may ignore them, especially where the victim is a child aged five and below. Essentially, these exceptions may apply to adults but not to children.
A Dog bite injury may require expensive medical treatment, especially if it leads to complications. While dog bite injuries are rarely fatal, they can be traumatizing, especially for children. While the law entitles victims to compensation, damage recovery involves navigating several complex legal concepts.
A San Diego dog bite lawyer can ensure the legal process does not overwhelm you. If you or a loved one has sustained an injury inflicted by another person’s dog, contact Sam Lynn at The Law Office of Samuel G. Lynn P.C. With his skills and broad experience handling personal injury claims, he will aggressively fight for your right to recover the compensation you need and deserve. Call him today to schedule a free consultation and learn more about his services.
Posted Jun 2016