In California, dog owners can often be held liable for injuries caused by their dogs even when the animals have never bitten anybody in the past. This principle of law is called strict liability and usually serves as a basis for a dog bite case. Being a Culver City personal injury attorney, the Law Offices of Adrianos Facchetti will assist you in investigating your case and collecting such important evidence as medical records, dog owner’s data, an animal control services report, and the insurance covering your dog bite.
The consequences of being injured by a dog go way beyond the initial cut. There are chances for infections, scars, nerve injuries, and anxiety related to the presence of dogs. All of those can be addressed with a Culver City dog bite lawyer.
Bitten by a dog in Culver City? Request a free consultation.
When Can a Dog Owner Be Liable for a Bite in California?
This is addressed in California Civil Code § 3342. Specifically:
- Strict Liability: The owner of a dog may be found responsible for a bite even without proof of his carelessness.
- Lawful Place of Bite: The bite should occur either in a public place or on private property where the person lawfully was, as a guest, mailman, or tenant.
- No Prior Bite Needed: The dog owner may be liable even if the animal has never previously bitten anyone or shown any aggressive behavior.
- Potential Defenses: Defendants and their insurance companies might attempt to argue that the victim was a trespasser, that he provoked the attack, or that he suffered from something else but not a bite.
Section 3342 applies specifically to dog bites. Other injuries caused by a dog include being knocked down by the dog, being chased into a street by the dog, being attacked but not bitten, falling because of a dog, etc. Such claims are made on the basis of general negligence, e.g., failure to follow a leash requirement or failure to close a gate. For a closer look at these rules, our article on whether you can sue for a dog bite in California explains how state law may apply.
What to Do After a Dog Bite in Culver City
A dog attack could be a traumatic experience; however, you might overlook the details at the moment. Your actions in the first couple of days after the incident will not only ensure your safety but also will help with your case:
- Seek Medical Treatment: Dog bites could result in infections, nerve damage, and scaring. It is necessary to visit the healthcare provider to get your bite cleaned and discuss the possibilities of tetanus and rabies.
- Report an Attack: You should notify the proper authorities of the dog bite so that the information will be reported officially. Depending on where the incident took place, it might be either Culver City’s local animal services or Los Angeles County Animal Care and Control.
- Identify the Owner of the Dog: You should collect the owner’s contact information and insurance information.
- Inquire about Vaccinations: Rabies vaccination status could impact your medical treatment.
- Photograph Evidence: Take pictures of your wounds, torn clothing, the location of the incident, leash, gate, fence, or “Beware of dog” sign.
- Contact Witnesses: Collect their contact information for possible future questions regarding liability.
- Save Documentation: You will need to preserve all medical bills, prescriptions, discharge documents, and follow-up appointments.
- Be Careful on Phone Calls with Insurance: Do not make a recorded statement until you know more about your injuries and your legal rights.
If you were unable to gather all the information immediately, there is nothing wrong with that since many documents, such as animal control reports or medical documentation, could be obtained later on.
Evidence That Can Help Prove a Dog Bite Claim
To prove dog bite cases, it is important to prove what occurred, who owns the dog, and the seriousness of the injury. This evidence could include:
- Medical Evidence: Emergency room and urgent care records, wound care documentation, prescriptions, and subsequent treatment.
- Animal Control Evidence: Documentation of the incident, including the bite report, quarantine, and the dog’s vaccine history.
- Witness Testimonies: Neighbors, other dog walkers, and individuals at the scene.
- Photos and Videos: Photographs of the dog, the injuries, the scene, and security footage from doorbells and businesses.
- Location Photos: Photographs of torn down gates, broken leashes, damaged fences, and warning signs.
- Owner and Insurance Information: Contact information for the owner as well as homeowner’s and renter’s insurance.
- Previous Incidents Evidence: Previous incidents, complaints, or bite reports of the dog, if applicable.
- Insurance Correspondence: Letter from your insurance including claim number, emails, and notes from adjuster calls.
Bite marks, bruising, swelling, and scarring will evolve over time. Taking pictures several days apart after the initial bite is helpful in illustrating the true effect of your injuries.
Culver City Dog Bite Lawyer Near Me? Call (626) 793-8607.
Common Dog Bite Injuries
Dog bites may vary in severity. The most common injuries are as follows:
- Wounds and punctures
- Skin tears and cuts
- Infections
- Nerve injuries resulting in numbness or weakening
- Tendon injuries, especially of the hands and arms
- Scar formation
- Face injury
- Hand and arm injuries in attempts to fend off the dog
- Emotional injuries, such as fear or anxiety towards dogs
Children usually suffer from bites of their faces or heads due to their short stature. Their scarring is likely to evolve with time, and some treatments, including revisional scar surgery, cannot be carried out until a certain age. A physician’s opinion about future treatments can be crucial for the claims of children.
Compensation After a Culver City Dog Bite
The claim can potentially include any of the following depending on the circumstances:
- Emergency room visits
- Follow-up treatment
- Medications
- Treatment for infection
- Operations
- Scar repair
- Psychological therapy or counseling if needed
- Loss of earnings
- Impaired earning capacity
- Pain and suffering
- Mental anguish
- Scarring or disfigurement
There is no guarantee of any result. The value of the case will depend on the nature of the injury, its healing, the strength of the case, and the insurance coverage. Punitive damages are uncommon and require something more than simply proving the dog bite. Our article on punitive damages in California dog bite cases explains when they may apply.
What If the Dog Bite Happened at an Apartment, Park, or Business?
Culver City has a lot of shared space. Bites can happen in apartment complexes, on sidewalks in Downtown Culver City or along Culver Boulevard, Sepulveda Boulevard, Washington Boulevard, and Overland Avenue, in parks, on the Ballona Creek path, in dog-friendly stores, in rental homes, and in shared housing.
The dog owner is usually the main focus of the claim. But other parties may matter in some situations:
- A landlord or property manager who knew about a dangerous dog and had the ability to address it
- A dog walker or pet sitter who had control of the dog
- A business that allowed a known aggressive dog on site
These claims depend on the facts and usually require showing more than strict liability. If you’re a dog owner trying to understand your side, our article on what happens if your dog bites someone covers the owner’s perspective.
California Deadline for Dog Bite Injury Claims
Dog bite claims follow California’s general injury deadlines:
- Personal Injury Deadline: Many California personal injury lawsuits generally must be filed within two years under Code of Civil Procedure § 335.1, subject to exceptions, including some rules for injured children.
- Government Claims: If a public entity is involved, such as a city-owned property or a dog owned by a government agency, a formal claim may be required within six months.
- Evidence Deadline: Photos, witness memory, animal control records, and video can become harder to obtain over time.
Questions after a dog bite in Culver City? Contact our team today.
How We Build a Dog Bite Claim
Every dog bite case starts with understanding where the bite happened and who was responsible for the dog. Our work usually includes:
- Investigate Liability: Reviewing the location of the bite and who owned or controlled the dog.
- Preserve Evidence: Collecting photos, reports, witness information, and owner details.
- Review Medical Records: Connecting the bite to treatment, scarring, infection, and future care.
- Identify Insurance Coverage: Looking at homeowner’s, renter’s, business, or other policies that may apply.
- Handle Insurance Communication: Responding to adjusters and claim disputes.
- Document Long-Term Harm: Tracking scarring, trauma, nerve issues, and future medical needs.
- Prepare for Litigation: Building the claim if the insurer disputes fault or damages.
The steps depend on the facts of each case. Our goal is to handle the legal and insurance work while you focus on healing. If you’re worried about cost, our article on how much a lawyer costs for a dog bite explains typical fee arrangements.
FREE CASE REVIEW With a Culver City Dog Bite Attorney
Before you contact us, it will be helpful to be familiar with the date and location of the bite, the identity of the dog’s owner, whether you were treated for your injuries, if there was an animal control report filed, and if so, any photographs, witness names, and insurance contacts you have. Let us know if you or the bitten individual are under the age of eighteen.
The Law Offices of Adrianos Facchetti provides a free case evaluation, available at all hours of the day. Our dog bite attorneys work on a contingency fee basis, which means you will not pay any fee until we recover money for you. There are no guarantees, but a discussion may help you evaluate your legal options.
Speak with a Culver City dog bite lawyer. Call (626) 793-8607 today.
