Dog Bite Attorney Renée Yvonne Gardner (408) 214-5555
Should I Make A Claim For My Dog Bite?
After suffering a dog bite, you may ask yourself:
Should I Sue For My Dog Bite?
Please read on to learn more.
Are Careful Dog Owners Liable If Their Dog Bites Someone?
California Civil Code section 3342 says that people who own dogs can be held responsible for the harm from a dog bite, no matter how carefully they guard or restrain their dogs. This means that negligence (carelessness) on the part of the dog owner is not required.
To prove a dog bite claim, the person who got bitten must prove all of the following:
1. The dog owner actually owned the dog;
2. The dog bit the person who got bitten while that person was in a public place or lawfully on private property;
3. The person who got bitten was harmed; and
4. The biting dog was a substantial factor in causing the bitten person's harm.
What Does Dog Bite "Strict Liability" Mean?
California Civil Code section 3342 makes an exception to the general rule that an owner is not "strictly liable" for harm caused by a domestic animal absent knowledge of the animal's vicious propensity. 2
This means that the dog owner is responsible for the dog bite, even if the victim's skin was not broken 4
Are California Dog Bites On The Rise?
Do you know that California has the most dog bite claims of all the 50 United States, and the numbers are rising?
The Insurance Information Institute wrote that in 2019, California had 2,396 dog bite insurance claims, up from 2,166 claims in 2018. 1
Is A Dog Owner Still Strictly Liable Even If Their Dog Does Not Break The Skin?
Yes. A dog owner is on the hook even if the victim's skin was not broken. 4
What Are Dog Bite Injuries?
Besides the puncture itself, dog bites can cause other serious problems.
What Injuries Are Caused By A Dog Bite?
- Back injuries
- Brain injuries
- Broken bones
- Disfigurement or scarring
- Infection after an accident
- Internal injuries (organ damage)
- Knee injuries
- Loss of a limb
- Neck injuries
- Senses: loss of smell or taste
- Silent injuries
- Wrongful Death
How Can Dog Bites Cause Infection?
When the dog's teeth break or puncture the skin, millions of bacteria in a dog's mouth enter the bite wound.
Some wounds can get into your bloodstream, which can cause sepsis.
How Can Dog Bites Cause The Loss of a Limb?
The jaws of a dog can be so powerful that can result in the loss of a nose, fingers, or the loss of a limb.
Depending on the type of bite, it may not be possible to reattach the bitten off limb or extremity (fingers).
When the dog saliva gets into your bloodstream, it can cause blood poisoning (sepsis).
Sepsis is when your body's own immune response to an infection damages your tissues.
Can Dog Bites Cause Neurological Problems For The Person They Bite?
How Can A Dog Bite Can Cause Traumatic Brain Injury (TBI)?
When it comes to dog bites, traumatic brain injury (TBI) can happen when a dog bites someone's head or knocks them down.
Should I Make A Claim For My Dog Bite?
Even if your dog bite injury is not severe, the owner of the dog is still liable for the harm the bite caused to you.
Only by making a claim for the dog bite can you recover for your damages.
An owner of a dog who bit and gets held to account for the harm done may be more careful with their dog, making it less likely that another person will suffer from a bite from the same dog.
Do I Need An Attorney For My Dog Bite Case?
You can handle your dog bite case on your own but it's not wise.
If you were bitten by a dog, please contact me at (408) 214-5555 or fill out the below form for a free consultation.
If your loved one passed away due to a dog bite, please call me about your wrongful death case.
None of the information on this website of Attorney Renée Yvonne Gardner is offered as medical advice.
If you have been injured in any type of accident, please seek immediate medical attention and follow the advice of your doctor.