Dog Bite Lawsuit – How Does It Work?

Dog bites can lead to significant physical and emotional trauma, leaving victims uncertain about their legal options. If a dog has bitten you, understanding the process of filing a dog bite lawsuit is essential. California operates under strict liability laws, meaning owners are generally responsible for bites that occur in public or private legal settings. At The Barnes Firm, we specialize in helping dog bite victims manage this process and secure the compensation they deserve.

Filing Personal Injury Claims for a Dog Bite or Attack

If you’ve been bitten by a dog, you have the right to file a personal injury claim against the responsible party. In California, pet owners are held accountable for the injuries their pets cause, even if the canine has no history of aggressive behavior. Filing a lawsuit can help you recover compensation for medical expenses, lost income, and emotional distress.

When Should You Sue for Dog Bite Injuries?

You should sue for dog bite injuries if the bite has caused serious physical, emotional, or financial harm. California law supports victims in recovering damages when they suffer from:

• Severe injuries requiring medical treatment.
• Infections or disfigurement due to the attack.
• Emotional trauma such as PTSD or anxiety.
• Loss of wages or work due to injury recovery.

Acting promptly is crucial, as California imposes a two-year statute of limitations for personal injury claims. To secure compensation, you must file your lawsuit within two years from the date of the incident.

What Damages Can I Sue for in a Dog Bite Case?

You can sue for several types of damages, depending on the severity of your injuries. Typically, they may include:

• Medical expenses: Covering immediate care, surgeries, and follow-up treatments.
• Lost wages: If your injuries have prevented you from working.
• Pain and suffering: Both physical pain and emotional distress can be factored into your claim.
• Property damage: If the incident resulted in damage to your personal property, such as torn clothing or broken glasses.

These damages help guarantee that victims are reimbursed for not only their direct financial losses but also the intangible costs that follow the traumatic event.

Proving Liability in a Dog Bite Case

In a dog bite case, proving liability is fundamental to winning compensation. Under the state’s law, the burden of proof generally lies with the victim, meaning you must demonstrate that:

1. The animal in question bit you.
2. The incident occurred in a public place or while you were lawfully on private property.

California Dog Bite Laws

Strict Liability Law for Dog Bites

Under California’s strict liability law, dog owners are held accountable for any injuries their pets cause, even if the canine has never exhibited aggressive behavior. Victims are not required to prove negligence to seek compensation. As outlined in Civil Code Section 3342, the only conditions are that the victim was in a public space or lawfully on private property when the bite occurred. The Forbes blog on California dog bite law emphasizes that this strict liability offers victims a straightforward legal avenue for pursuing compensation, regardless of the pet’s prior conduct.

Public Place or Lawfully on Private Property

In order to file a claim, the bite must occur when the victim is either in a public place or legally on private property, such as the home of a friend or neighbor. For instance, if you were bitten while visiting someone’s house, you may still be entitled to sue under the state’s law.

Exceptions to the Rule

Dog owners may not be liable if:

• Trespassing: The victim was unlawfully on the property.
• Provocation: The animal was provoked by the victim.
• Military/Police Dogs: The canine was performing official duties.
• Assumption of Risk: The victim knowingly approached a dangerous dog.

These exceptions can affect your claim, so consult a lawyer to evaluate your case.

How Bad Does a Dog Bite Have to Be to Sue?

You can pursue legal action even if the injury isn’t life-threatening, though the severity of the bite typically influences the potential compensation. Minor bites might not warrant an entire lawsuit unless they result in substantial medical expenses or lost wages. However, more serious ones—those requiring surgery, causing disfigurement, or leading to long-term health problems—present solid grounds for filing a claim.

What Should You Do if a Dog Bites You?

If a dog bites you or a loved one, there are immediate steps you should take to protect your health and legal rights:

1. Seek medical attention right away, even if the bite seems minor.
2. Report the bite to local authorities or animal control.
3. Document everything—take photos of your injuries and the scene of the bite, and gather contact information from any witnesses.
4. Contact an attorney who specializes in dog bite lawsuits. According to the Consumer Shield blog, having thorough documentation and legal support is essential for constructing a solid case and maximizing your potential compensation.

How Much Can You Sue for A Dog Bite?

The settlement in these lawsuits varies depending on the seriousness of the injury, the impact on your life, and other damages. Victims can sue for anywhere between a few thousand dollars to hundreds of thousands, depending on the circumstances. Compensation typically covers medical expenses, lost wages, and emotional distress.

Who Are Typical Victims of Dog Bites?

Minors and the elderly are among the most frequent victims due to their physical vulnerability. Children are often bitten on the face or neck, which can lead to serious injuries and emotional trauma. At the same time, older individuals may suffer more severe complications from even minor bites, such as infections or broken bones from falls.

According to Forbes, more than 4.5 million people suffer dog bites each year in the U.S., with children being the most frequent targets. Many of these incidents lead to emergency medical treatment, long-term care, and even emotional distress, making it crucial for victims and their families to understand their legal rights and pursue indemnity.

Common Dog Bite Injuries

They can lead to a range of injuries, including:

• Puncture wounds and lacerations.
• Infections, such as rabies or tetanus.
• Broken bones from being knocked down or bitten.
• Permanent scarring or disfigurement.
• Psychological trauma, including fear of animals or PTSD.

Breeds Considered Dangerous

While any canine can bite, certain breeds are statistically more likely to cause serious injuries. The ones commonly considered dangerous include:

• Pit Bulls
• Rottweilers
• German Shepherds
• Doberman Pinschers

These breeds are typically involved in more severe attacks, leading to higher injury rates and more significant legal claims. Nonetheless, breed-specific laws vary, and you must consult with an attorney about your specific case.

Get Help Filing Your Dog Bite Lawsuit

If you’ve been injured in a dog bite incident, reach out to The Barnes Firm today. Our team is dedicated to assisting California victims in their pursuit of justice.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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