If a dog suddenly lunged and bit you in San Bernardino, California, you could sustain serious injuries. Dog bites often leave victims with mounting bills and lasting impacts on their daily lives. In California, victims of dog bite attacks have strong legal protections under the state’s strict liability laws, making it easier to seek compensation without proving the owner was negligent.
At LA Century Law, our San Bernardino dog bite lawyers stand ready to help you hold responsible parties accountable and recover full damages. Working with an attorney can help manage the legal process and ensure claims reflect the full impact of the injury.
What Is a Dog Bite Lawsuit Under California Law?
A dog bite lawsuit in California is a legal claim brought by an injured person against a dog owner or another responsible party to recover compensation for injuries caused by an attack. California adopts a strict liability state for dog bites, which is a legal principle that strongly favors victims.
This means that to win a case under the main dog bite law (California Civil Code § 3342), you generally only need to prove four things:
- The dog that bit you was owned by the defendant
- The bite occurred while you were in a public place or lawfully on private property
- You suffered harm, such as physical injuries
- The dog’s bite was a substantial factor in causing that harm
Critically, you do not need to prove that the dog owner was negligent, or that the dog had ever bitten anyone before or shown vicious tendencies. The owner is responsible for the actions of their animal from the very first bite. It’s important to note that this strict liability law specifically applies to injuries from a dog’s bite. For other injuries caused by a dog, like being knocked down, scratched, or causing a bicycle accident, you would need to pursue a claim based on the owner’s negligence.
How to Initiate a California Dog Bite Lawsuit
Filing a dog bite lawsuit in California usually begins as a personal injury claim and may involve insurance negotiations before escalating to court. Here’s a step-by-step guide based on standard procedures under California law:
- Filing the Formal Complaint and Summons: The process begins when your attorney files a formal legal document called a Complaint with the appropriate California civil court. The Complaint outlines the key facts of your dog bite in California, stating that you were lawfully present and that the defendant’s dog bit you, causing injury.
- The Discovery Phase: After the response to the Complaint, the case enters the discovery phase. This is a pre-trial period where both sides exchange information and gather evidence to build their respective cases.
- Settlement Negotiations and Mediation: Your attorney will negotiate directly with the defendant’s insurance company or legal counsel. If a settlement is reached, the case concludes, and you receive compensation as outlined in the settlement agreement.
- Trial: If settlement negotiations fail, your case will proceed to trial. Here, a jury will hear the evidence and decide the outcome.
It is a common mistake to wait until you are fully healed or until the deadline is close to act. However, you must act within a strict legal time limit. In California, the deadline to file a dog bite lawsuit is two years following the attack. If you miss this deadline, the court will almost certainly declare your case inadmissible, and you will forfeit your right to seek any compensation.
Building a robust case takes time, and evidence can disappear. The best practice is to consult a lawyer as soon as possible after seeking medical attention. Your San Bernardino dog bite attorney will draft legally sound complaints and ensure you meet all procedural deadlines.
Who Can Be Held Liable for a Dog Attack in California?
California law allows victims to hold multiple parties accountable for a dog bite. Primarily, the dog’s owner is responsible for injuries caused by their pet. Liability applies even if the animal has no prior history of aggression, reflecting the state’s strict liability standard.
Other parties may also be liable depending on the situation. For example:
- Property owners: If the attack occurred on rented or commercial property, the landlord or business owner may bear liability if they failed to maintain a safe environment.
- Caretakers or dog sitters: Individuals temporarily responsible for the dog can be held liable if negligence contributed to the bite.
- Parents or guardians: In certain circumstances involving minor children, legal guardians may be held accountable if supervision was inadequate.
- Other parties: In rare cases, breeders, trainers, or third parties may face claims if their negligence contributed, such as failing to warn about a known-aggressive breed.
Identifying every potentially liable party is key to maximizing compensation. A San Bernardino dog bite lawyer can help pinpoint who may be responsible and gather the necessary evidence to support the claim.
Why Hiring a San Bernardino Dog Bite Lawyer Might Increase Your Compensation
Attempting to manage this intricate legal process alone, especially while recovering from a traumatic injury, puts you at a significant disadvantage. Dog bite claims can involve complex medical and legal issues, including liability disputes, insurance negotiations, and documentation of long-term damages.
It is not uncommon for insurance companies to minimize dog bite claims by disputing injury severity, causation, or applying exceptions to strict liability. They may offer quick, low settlements that don’t cover long-term needs like reconstructive surgery or therapy.
However, a San Bernardino dog bite attorney from LA Century Law can help by:
- Investigating the incident and gathering evidence, including medical records, photos, witness statements, and animal control reports
- Proving liability under strict rules and overcoming defenses
- Managing all aspects of your damages, including medical, vocational, and economic expert input, to accurately project the long-term cost of your injuries
- Negotiating aggressively or litigating if needed to maximize recovery
- Handling all paperwork and deadlines so you do not miss out on compensation
With professional legal representation, you are more likely to secure a recovery that accurately reflects the physical, emotional, and financial effects of the dog bite. A lawyer is prepared to take your case to trial if they believe the offer is low, which gives you significant leverage in negotiations. This ensures that recovery not only covers immediate needs but also provides long-term support for rehabilitation and ongoing care.
All you have to do now is contact our dog bite injury attorneys at LA Century Law for your free consultation.
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