Dog Bite Claims in the State of California
If you have recently been bit or attacked by a dog, it is important to know that the State of California imposes strict liability laws for dog bites and attacks. Strict liability laws impose liability on the dog’s owner and this owner will be held responsible for the injuries caused by the dog. Strict liability laws will remain even if the dog had no prior history of being aggressive or violent. This is also the case if the dog owner claims to have done nothing wrong and taken all proper precautions to avoid dog bite attacks.
If you or someone you know has suffered a dog attack injury, it is important to speak to a personal injury attorney that has experience in dealing with dog attack cases. Those interested in filing a personal injury claim in the State of California only have a limited time to bring the claim forward. Under California law, a statute of limitations enforces strict deadlines when it comes to personal injury claims. Speak to an experienced personal injury attorney who can guide you through the claims process.
Damages Caused By Dog Attacks
Every dog attack can lead to a serious or debilitating injury. A person who has suffered a dog attack injury can file a lawsuit for the injuries sustained in an effort to recover financial restitution for:
- A loss of wages,
- Medical costs such as hospital bills and treatment costs, and
- Pain and suffering.
California Law
Under California law, a pet owner will be held liable for the injuries caused by his or her dog if the following conditions apply:
- The victim did not intentionally aggravate and incite the dog
- The victim was bitten while in a public place or was otherwise legally on private property
Generally, trespassers will not be able to recover damages for injuries sustained from a dog bite. Other individuals that could face the inability to file for a claim may include the following:
- Individuals who were bit by a dog that was protecting its owner
- A police or military dog that was working accordingly to the agency’s policies
Punitive Damages for Dog Attacks in California
Under the appropriate case, a person may be able to recover punitive damages for his or her grievances. Punitive damages serve as exemplary damages. This means that the case will serve to punish the dog owner who has engaged in a particularly bad and negligent behavior. In order to recover punitive damages, the victim has the duty to prove clear and convincing evidence that the dog owner’s actions amounted to the following:
- Fraud
- Malice
- Oppression
Filing a Claim for a Dog Attack Injury
A person that has suffered an injury as a result of a dog attack has the legal right to file a claim in effort to obtain financial compensation for the injuries. Personal injury claims involving dogs can be complex and often difficult to understand. Law regarding dog bites in the State of California is subject to change; therefore, it is important to consult a personal injury attorney that can provide the right legal assistance.
Attorney Scot Thomas Moga has extensive experience in the field of dog bite & attack claims. He is dedicated to providing strong and effective legal counsel that will provide dog bite victims the best opportunity at receiving monetary compensation for their injuries.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
