Being attacked or bitten by a dog is a traumatic experience, both physically and emotionally. No matter its severity, a dog attack can have serious health effects and lead to lasting fear and stress.
The San Diego personal injury attorneys at CaseyGerry understand how damaging one incident with a dog can be. We represent injury victims and their families against responsible dog owners and their insurance companies.
How CaseyGerry Can Help with Dog Bite Injuries in San Diego
Unfortunately, more than 4.5 million people are bitten by dogs every year in the U.S. One-fifth of those bites require medical attention. Children are at a higher risk of being bitten, and their injuries tend to be more severe. Even when they don’t bite, dogs often attack people. Because they are frequently large, powerful animals, they can inflict serious harm.
If you have been attacked or bitten by a dog, seeking legal recourse might not be at the top of your mind. But an ER visit, stitches, possible surgery, medication, and other expenses add up fast. When injuries are severe, such as disfigurement, muscle damage, ligament tears, and infections, ongoing treatment, and multiple surgeries may be required. If your injuries prevent you from working, lost income can cause additional financial hardship.
We have experience with dog bite and animal attack cases and can work with the dog owners and their insurance company. We will seek compensation for your medical bills, future medical expenses, time away from work, pain and suffering, and other losses related to the incident. We offer a free initial consultation, so you can tell us your story and discuss the next steps without obligation.
Does the One-Bite Rule Apply in San Diego?
You may have heard of the one-bite rule when it comes to dog bite liability, but there is no such rule in California. Under one-bite defenses, a pet owner is not responsible for their pet’s first bite incident but is responsible for every bite or attack thereafter. A dog’s past behavior is irrelevant in California because owners are liable for the first bite and any subsequent bites.
What Are the Dog Bite Laws in Sandiego?
California’s strict liability law favors those who have been injured by dogs. The law provides that pet owners are responsible for dog bite and attack incidents that occur in public places or when lawfully on private property. Strict liability is only applied to dog bite cases, however. If you sustain other types of injuries caused by someone else’s dog, you do not have a strict liability claim, but you may seek compensation under a negligence claim.
Common Dog Bite Injuries in San Diego
Dogs, especially large ones, are capable of causing injuries without even opening their mouths. Excited dogs often jump up to meet people, run to greet them, run in circles around them, and play aggressively. Dogs are capable of knocking people to the ground and causing them to trip and fall.
Sometimes these injuries are minor, but they can often be serious. The types of dog bite injuries that commonly prompt insurance claims are:
- Deep and severe lacerations and punctures
- Fractured and crushed bones
- Muscle and nerve damage
- Infections
- Cuts & Bruises
- Scarring
- Rabies
- Anxiety
- Post-Traumatic Stress Disorder
To recover compensation in these cases, you need to show that the owner’s negligence caused your injuries. For example, evidence that the dog was off-leash on public property when you were injured can be used to demonstrate the owner’s negligence.
Dog Bite Claim Defenses in San Diego, CA
In some cases, pet owners are unwilling to accept responsibility for their dogs. In these cases, dog owners blame injury claimants for their own damages. Common dog bite defenses include the following:
- The injured party was a trespasser or otherwise unlawfully on the property.
- The dog was provoked or harassed by the injury victim.
- The injured claimant physically harmed the dog or dog owner before the dog attacked.
Homeowner’s Insurance in Dog Bite Claims
Our injured clients are often hesitant to bring injury claims against pet owners, especially when they have personal relationships with the owners. We understand that it can be uncomfortable to tell a neighbor or family member that you are going to pursue a claim for your injuries, and you might be worried that a claim will hurt your relationship.
Many pet owners are covered under homeowner’s insurance policies for dog bites, which means that instead of coming out of the dog owner’s pocket, an insurance company would pay your losses. This can ease tensions between family members, friends, and neighbors. Ultimately, dog owners are responsible for their dog’s actions, and if you have been injured, you deserve to be compensated.
Steps To Take After a Dog Bites You in San Diego
If you suffer a dog bite or witness a loved one get attacked, there are a few very critical steps you should take next to protect your health and your rights:
- Wash the wound with soap and water to reduce the risk of infection.
- Seek medical attention right away, even if it is only a scratch. Some wounds or injuries can have delayed symptoms or complications, and you need medical records linking any potential injuries to the attack.
- If the dog’s owner is at the scene, ask for their name, contact information, who the dog’s veterinarian is, and for their vaccination and rabies records.
- After you see a doctor, contact the dog’s veterinarian to check that its vaccinations are up to date. If they aren’t, get tested for rabies and other infectious diseases.
- File a dog bite report with the local health department and with your local animal control office. The owner may ask you not to take this step out of concern for the dog. However, it is vital if you end up needing to file an insurance claim or lawsuit. The report will serve as evidence for your case, but will also prompt an investigation into the dog’s behavior, possibly preventing another attack.
- Consult a San Diego dog bite lawyer. The dog’s owner may be liable for your medical bills and other injury-related losses.
What Compensation is Available in a San Diego Dog Bite Claim?
Dog owners are strictly liable in California when their pet bites someone. That means the owner is responsible for any resulting damages. By filing a dog bite claim, you can recover the following types of compensation:
Medical Bills
This includes on-site treatment from emergency responders, ambulance services, emergency room treatment, wound cleaning, stitches, tetanus and/or rabies shots, surgical procedures, medication to prevent infection, physical therapy, etc., and any ongoing medical care.
Lost Wages
If you must miss work while you recover or care for a loved one, you may receive compensation for your lost income.
Diminished Earning Capacity
If your injury is debilitating and prevents you from returning to work or to the same line of work you were in previously, you can recover diminished earning capacity.
Pain and Suffering
Compensation for the physical and emotional pain you have endured. This includes any resulting psychological conditions, such as post-traumatic stress disorder (PTSD), depression, anxiety, insomnia, loss of enjoyment in life, mental anguish, and more.
Loss of Consortium
Spouses can recover this type of compensation for loss of companionship, love, affection, or sexual relations.
Property Damage
For example, if any personal possessions were damaged from the attack, such as your clothes, phone, handbag, etc., you are entitled to compensation for their repair or replacement.
Contact Our Experienced Dog Bite Injury Lawyers Today
Founded in 1947, CaseyGerry is San Diego’s most experienced personal injury law firm. We have helped many people recover from a dog bite or attack. We offer the personal attention you deserve as you navigate a traumatic moment in your life or the life of a loved one. Many of our people have been with CaseyGerry for more than 30 years. We also have a dedicated investigation department with two full-time investigators.
If you were bitten or attacked by a dog, the first step is to ensure you have received all necessary medical attention. Then call us, so we can help you recover from your injuries and the financial burden they cause. We welcome you to contact CaseyGerry at (619) 238-1811 to schedule a no-obligation, confidential consultation with one of our attorneys.
