Dog Bite Liability: Who’s Responsible and How Can You Get Paid?

Dog bites can cause severe physical and emotional trauma. Understanding who is liable and how you can secure compensation is essential for your recovery. In California, dog bite liability laws are strict, and knowing your legal rights can help you take the necessary steps toward justice. Whether the responsible party is the dog owner or another party, a dog bite attorney in Los Angeles can help you navigate your claim and fight for the compensation you deserve.

Understanding Dog Owner Responsibility: Who’s at Fault?

California’s dog bite laws are based on strict liability. This means that a dog owner is typically held responsible for injuries caused by their dog, even if the dog has no history of aggression. Unlike states that require proof of negligence or prior attacks, California law holds dog owners liable as long as:

• The injury occurred in a public place or while the victim was lawfully on private property.
• The victim did not provoke the dog.

This law ensures victims can seek compensation for medical expenses, lost wages, pain and suffering, and other related damages. A Los Angeles personal injury attorney can assess your case and determine the best action to hold the responsible parties accountable.

Proving Negligence vs. Strict Liability: What’s the Difference?

Negligence

In some circumstances, it may be required to demonstrate negligence, for instance, when an injury emanates from a dog, causing someone to trip instead of biting. This requires showing:

That is why the dog owner did not act appropriately (for example, not using a leash in a public place).

They failed to act as they should and thus caused your injuries.

An accomplished personal injury lawyer in Los Angeles will review the details of your case to understand what plan of action will be most effective.

When Property Owners Share the Blame for Dog Attacks

While dog owners are primarily responsible for their pet’s actions, there are situations where a property owner or landlord may also share liability. For example:

• If a landlord knew that a tenant’s dog was dangerous and failed to take action.
• If poor property maintenance, such as a broken gate, allowed the dog to escape and attack someone.

In such cases, multiple parties may be held responsible for your injuries. An experienced dog bite attorney in Los Angeles can help identify all liable parties and ensure you receive full compensation.

In Some Other Cases, Others May Be Liable

• Dog Sitters or Walkers: If, of course, their negligence was the cause of the attack.

Steps to Filing a Dog Bite Injury Claim Successfully

To build a strong case, it’s crucial to follow these steps after a dog bite:

1. Seek Immediate Medical Attention: Your health is the priority. Prompt treatment also helps document your injuries.
2. Report the Incident: File a report with local animal control or law enforcement to create an official record. Report the incident to local animal control or law enforcement. This official documentation can be vital for your legal case. This is how to report a dog bite in Los Angeles so your injuries and the attack are documented promptly.
3. Gather Evidence: Take photos of your injuries, the scene, and any information about the dog and its owner.
4. Identify Witnesses: Statements from witnesses can strengthen your claim.
5. Consult a Personal Injury Attorney: A skilled Los Angeles personal injury attorney can guide you through the legal process, ensuring your rights are protected and maximizing your compensation.

Timeline of a Dog Bite Case: What to Expect

The timeline of a dog bite case can vary depending on several factors, including the severity of the injury and its complexity.

Initially, it would help if you consulted with a Los Angeles dog bite attorney to determine the best course of action. The attorney will investigate the incident, gather evidence, identify liable parties, and assess damages.

The next step involves filing a claim with the insurance company or pursuing legal action if necessary. Many cases are resolved through negotiation, where both parties agree on a settlement amount. However, if a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.

A knowledgeable dog bite lawyer in Los Angeles can guide you through each step and work towards securing a favorable outcome.

Common Defenses in Dog Bite Cases and How to Counter Them

Trespassing

Litigants may argue that you were trespassing at the time of the bite, and consequently, the owner has no blame. You must establish that you were invited, performed services such as delivering mail, or were lawfully present under California law.

Provocation

The owner may then claim that you either provoked the dog to attack you or approved the dog trespassing on your compound in the first place. This claim can be opposed by producing other types of evidence, including eyewitness accounts or video clips.

Assumption of Risk

If I interacted with a known dangerous dog and knew the danger involved, the owner might claim the victim’s assumed risk. Coping with the defense where you prove that you were ignorant of the dog’s aggression discredits this defense.

Comparative Negligence

Sometimes, the owner may discuss that you have contributed to the event. Comparative negligence is practiced in California, meaning you can file for compensation even if you were irresponsible, but your amount will be adjusted.

With the help of a professional Los Angeles dog bite attorney, these defenses can be quickly challenged, and your case can be strengthened.

Maximizing Your Compensation: Legal Options After a Dog Bite

Dog bite victims may be entitled to various types of compensation, including:

• Medical Expenses: Covers emergency treatment, surgeries, therapy, and ongoing care.
• Lost Wages: Reimbursement for income lost due to your injuries and recovery time.
• Pain and Suffering: Compensation for physical and emotional distress.
• Scarring and Disfigurement: Damages for long-term or permanent physical changes caused by the attack.

An experienced dog bite attorney in Los Angeles will evaluate your case, calculate the full value of your damages, and negotiate with insurance companies to secure the best possible outcome. They will take your case to court to ensure you receive fair compensation if necessary.

Conclusion

If you’ve been injured in a dog attack, don’t wait to protect your legal rights. The Law Offices of Howard Kornberg can help you hold the responsible parties accountable and secure the compensation you need to recover. Schedule a free initial consultation today—contact us at 310-997-0904 to discuss your case with a dedicated Los Angeles attorney.