Small bites may need to be treated by a medical professional because of the risk for infection. A dog bite attorney can help a bite victim work with his or her insurance company to coordinate payment for services rendered by a medical professional.
The owner is liable if the bite victim was "lawfully in a private place", or else in a public place when the dog bite occurred. The pet sitter can be considered the negligent party, especially if the pet sitter did not take reasonable steps to control a vicious or otherwise dangerous animal.
This means that if your dog bites another dog, animal or person, generally you are responsible for paying the vet bills and any other necessary damages to the owner of the animal that was bitten. On the other hand, if you have been injured in a dog attack, you have rights.
According to the Insurance Information Institute, these are the numbers of average payouts for a dog bite in the top 10 states in America for 2019: California – Average dog bite payout $51,264.6 over 2,396 claims totaling $122.83 million.
Victims who have been bitten by a dog can sue for financial compensation that covers their legal damages. This goes beyond just paying for the victim's medical care. In some cases, the dog owner's insurance company will cover the verdict or settlement.
In order to file a lawsuit against your neighbor after a dog bite you must have sustained physical or psychological injuries. Second, you must be within the statute of limitations. Under California law, you have two years from the date of the dog bite to file suit against the owner.
When a bite is reported, animal control can verify the dog is up to date on vaccinations, including rabies. Animal control will open a file on the incident which will include anything they find out during an investigation, especially if the bite required medical attention.
Victims of dog bites may worry about how the strict liability statute applies, based on the location where the attack occurred. The good news is that victims of dog bite attacks are protected by California's strict liability statute for dog bites, regardless of whether the attack occurred on public or private property.
A per diem system is used to calculate these types of awards, where at the jury's discretion, a monetary amount is determined for the daily physical pain and any emotional hardship that the victim has suffered. That daily amount is then multiplied by the number of days that pain and suffering went on for.
Level 4: One-four deep punctures from a single bite and lacerations or bruising from the dog holding on or shaking. Level 5: Multiple bite incident with more than 2 Level 4 bites. Level 6: Victim death.
Possible Defenses in Dog Bite CasesProvocation and Negligence. If the injured person provoked the dog to attack—either purposely or negligently—the owner may not be held liable for the resulting injuries. ... Assumption of the Risk. ... Trespassing and Recovery. ... Police and Military Dogs. ... Other Injuries. ... Sources:
In the state of California, dog owners are held strictly liable for dog bites. Regardless of the dog's history, the owner is responsible for the dog's actions. There are some states in which a dog's first instance of biting someone is “forgiven” in the eyes of the law.
The 10-day confinement and observation period for dogs and cats that bite humans has stood the test of time as a way to prevent human rabies. This quarantine period avoids the need to destroy the biting dog or cat in order to test its brain for the rabies virus.
"The child's going to be traumatized," warns Dr. Elmaraghy. "Because a dog bite can be painful and fairly severe." In general, until you can figure out why the bite happened and what you'll be doing to prevent it from happening again, keep the dog and the child away from each other.
In California, the quarantine requirement after a dog bite is driven by a fear of rabies. It is in the public interest to do everything possible to lower the risks of getting rabies. The rabies virus causes visual symptoms in dogs within only a few days.
In most states, a pet owner may be held liable (legally responsible) for the expenses incurred if their dog bites someone. This part of the law is known as premises liability, which falls under the umbrella of personal injury law.
DoNotPay's Animal Control product not only files an animal control report with your local government but also can send a demand letter on your behalf, seeking compensation for your expenses from the pet owner. Here are the steps involved in the process:
DoNotPay isn't just a way to submit animal control reports or seek compensation for dog bites. It is a comprehensive set of tools that can help you complete many of life's time-consuming tasks easily and stress-free. Take a look at a few of the other services we provide:
If someone’s pet has bitten your body, the most basic course of action is to pursue an insurance claim. After you’ve been bitten, try to remain calm and simply trade insurance information.
There are varying degrees of difficulty in proving liability for a dog bite. Your lawyer will know all local laws pertaining to pets in the area you were bitten.
The owner of a dog that bit a person will probably hire an attorney to defend them against your accusations. Here are the most common defenses used:
Being bitten by a pet is never a fun experience. Make sure you seek the justice and compensation owed to you.