What Steps Should I Take After a Dog Bite Incident?
First, seek medical attention, even if the injury seems minor. Dog bites can lead to serious infections, and a medical record of the incident is vital for any potential legal action.
Next, report the incident to local animal control or the police. This is especially important if the dog does not have a known owner. The authorities can help track the dog and potentially identify the owner. They can also assess whether the dog poses a threat to others.
Finally, document everything. Take photos of your injuries, the location where the incident occurred, and, if possible, the dog itself. Write down details of the incident while they are still fresh in your mind. This documentation will be necessary if you pursue a legal claim.
Can I Still File a Claim if the Dog Does Not Have a Known Owner?
In California, you can file a claim even if the dog that bit you does not have a known owner. The state follows a strict liability rule for dog bites, meaning the owner is liable for damages even if the dog has never shown aggressive behavior before. However, if the owner is unknown, the case becomes more complex.
In such cases, you may be able to file a claim against the person who had control over the dog at the time of the incident, such as a dog walker or a caretaker. Alternatively, if the incident occurred on someone else’s property, the property owner might be liable under premises liability laws.
What is Premises Liability and How Does it Apply?
Premises liability is a legal concept that means property owners could be responsible for injuries that occur on their property. If a dog bite incident occurred on someone else’s property, and the dog does not have a known owner, you might be able to hold the property owner liable.
For example, let’s say you were bitten by a stray dog while visiting a friend’s house. If your friend was aware of the stray dog’s presence and did nothing to prevent the dog from entering their property, they could potentially be held liable under premises liability laws.
How Can a Lawyer Help in a Dog Bite Case?
Navigating a dog bite case, especially one involving a dog without a known owner, can be complex. An experienced lawyer can help in several ways. They can help you understand your rights, organize evidence, negotiate with insurance companies, and represent you in court if necessary.
A lawyer can also help you explore all potential avenues for compensation. For instance, if the dog was under the control of a caretaker or occurred on someone else’s property, a lawyer can help you build a case against the appropriate party.
What if the Dog is a Stray or a Feral Animal?
In California, if the dog that bit you is a stray or feral animal, the situation becomes more complex. Stray or feral dogs are typically not under the control of any specific person, making it difficult to hold someone liable for your injuries. However, there are still potential avenues for compensation.
For instance, if the dog bite occurred in a public place like a park, and the local government failed to take reasonable steps to control the stray or feral dog population, you might have a claim against the local government.
What if I Can’t Identify the Dog That Bit Me?
If you can’t identify the dog that bit you, it can be challenging to pursue a legal claim. However, it’s not impossible. In such cases, evidence becomes even more crucial. Witnesses, surveillance footage, and even physical evidence, like fur or saliva left on your clothing, can be used to help identify the dog.
An experienced lawyer can help you with the evidence and can work with animal control or other experts to help identify the dog. They can also help you explore all potential avenues for compensation, such as a claim against a property owner or local government.
What if I Was Partially at Fault for the Dog Bite?
California follows the “pure comparative negligence” rule. This means that in personal injury cases, if you were partially at fault for the dog bite incident, your compensation may be reduced by the percentage of your fault.
For example, if you were bitten after provoking a dog, and a court finds you 30% at fault, your compensation would be reduced by 30%. However, you would still be able to recover 70% of your damages.
What if the Dog Bite Occurred at My Workplace?
If the dog bite occurred at your workplace, you might file a workers’ compensation claim. In California, workers’ compensation laws cover injuries that occur in the course of employment, which can include dog bites.
For instance, if you’re a mail carrier and a dog bites you while you’re delivering mail, you could possibly file a workers’ compensation claim. Similarly, if you work at an animal shelter and are bitten by a dog, you could also be eligible for workers’ compensation.
What if the Dog Bite Resulted in Long-Term or Permanent Injuries?
Dog bites can sometimes result in serious, long-term, or even permanent injuries. These can include nerve damage, disfigurement, psychological trauma, and more. In such cases, the compensation you may be entitled to can be significantly higher.
In California, you can potentially recover damages for medical expenses, lost wages, pain and suffering, emotional distress, and more. An experienced lawyer can help you calculate your damages and fight for the compensation you deserve.
For example, if a dog bite left you with nerve damage that affects your ability to work, a lawyer can help you seek compensation not only for your current medical expenses and lost wages, but also for future lost earning potential and ongoing medical care.
If you have been involved in a dog bite incident, call the Hejazi Law Group today at (866) 780-8585 for a case evaluation.