If you are bitten by a dog in California, you may be entitled to compensation for medical bills and other damages resulting from the bite. The owner of the dog will face strict liability in a civil case, meaning that the defendant is likely liable for your damages regardless of the animal's history.
What to Know About Dog Bite Cases
To obtain a favorable outcome in your dog bite case, you'll need to prove several elements including that the defendant owned the dog. In addition, you'll need to show that you were bitten by the defendant's dog, that the bite caused an injury and that you incurred financial losses.
You'll also need to show that the injury occurred on public ground or private property that you had a right to occupy. For instance, if you were on the defendant's property to do yard work, you would be within your rights to be there.
State law does not include a one bite policy. This means that a dog owner can be held liable for the animal's actions even if it had never bitten anyone before.
Defendants do have a few methods of rebutting claims made against them. For instance, if the dog was provoked, the defendant in your case may be found not liable for your injuries. The same might also be true if the dog was working for the police or military when it bit you. Finally, if you were trespassing when you were bitten, the defendant in your case might be cleared of any wrongdoing.
What to Know About Dangerous Dog Laws
State law defines a potentially dangerous dog as one that has engaged in unprovoked aggressive behavior toward other people two or more times within a period of 36 months. The behavior must result in an individual taking defensive action against the dog, and the action must occur off the dog owner's property.
The same label is applied to any dog that kills or injures a domestic animal on two or more occasions within a period of 36 months. Finally, a dog may be labeled as potentially dangerous if it bites a person and causes minor injuries. A dog may be labeled as vicious if it causes severe injury or death to a person or continues to engage in dangerous behavior after receiving the potentially dangerous tag.
A severe injury is one that causes a muscle tear or physical disfigurement. Severe injuries may also require one or more corrective or cosmetic surgeries to restore a victim's appearance.
Evidence That Might Be Used in a Dog Bite Case
Perhaps the easiest way to prove that you incurred a financial loss is to present copies of medical bills. Dog bites can cause serious injuries including puncture wounds, eye and face injuries, nerve damage and infections. You should carefully record all associated medical expenses.
You might also present a statement from your employer confirming that you missed work to seek treatment, which resulted in lost wages.
Statements from those who witnessed the defendant's dog attack you can help bolster your case. This can lend credence to your assertion that the defendant owned the dog that bit you. When combined with medical records, these statements may help prove that your injuries were caused by the animal owned by the defendant.
Finally, you might consider using photos or videos taken by other parties to further establish what took place prior to the attack. Using photos or video footage may help establish that you did not provide the dog before it bit you.
If you are hurt by a dog, state law gives you up to two years from the date of the attack to file a lawsuit. However, it's not uncommon for cases to be settled out of court even if it takes more than two years to do so. An attorney may be able to review your case, help you obtain evidence or take other steps to assist you in your quest to obtain a favorable outcome in the matter.
