Reviewed by Adrianos Facchetti, Esq. State Bar of California #243213. This web page was reviewed by an expert in California personal injury for accuracy, legality, and helpfulness to those with injuries in a dog bite accident in Pasadena. Adrianos Facchetti is an attorney licensed in the State of California.
Typically, California does not mandate for the dog owner to have known about the nature of their dog before making the owner liable in case of a bite. The location of the bite, the legality of the presence of the person who is bitten, and the use of the provocation defense by the owner may all influence the claim.
In the event that you have been bitten by a dog in Pasadena, no matter where it occurred, whether it was within the neighborhood, an apartment, a park, or in a place that allows the entry of dogs, evidence must be collected early enough and medical attention must not be delayed. You could consult with a Pasadena personal injury attorney at no cost to see whether your case falls within the California dog bite statute.
California Does Not Use a Traditional “One-Bite” Rule for Most Dog Bite Claims
The majority of individuals believe that it is necessary for the dog to have attacked someone previously in order to hold its owner liable for the bite. In most cases, this is not the way the laws of California work for a qualifying dog bite.
In accordance with California Civil Code § 3342, in case of a dog bite, the owner of the animal may be liable for the injuries inflicted if the dog bit the victim in a public place or if the victim was lawfully located on the owner’s private premises. Such a kind of rule may be considered the strict liability principle, according to which the victim of a dog bite will not have to prove negligence of the dog owner.
However, the existence of such a principle does not apply to every injury inflicted by the dog in the majority of cases, since it covers only the dog bites and does not cover other kinds of injuries like being knocked down, chased, or any other injury but dog bites. Being unlawfully located on the premises at the time of the dog bite may create doubt concerning the lawfulness of the presence there.
What You Do Immediately After a Dog Attack Can Protect Crucial Evidence
The first one to two hours after a dog attack is crucial for the treatment process and any future claim.
- Have your injuries treated properly. Dog bites do have potential for infection.
- Obtain identifying details for the dog and its owner if it’s safe to do so. Obtain its name, address, and contact information.
- Take photographs of your injuries before they change. Wounds heal fast, so the appearance will change soon.
- Take photographs of the scene where the attack took place. This could help prove the setting of the attack.
- Obtain witnesses’ contact details and names. These people can be hard to reach later on.
- If applicable, keep torn clothes and damaged personal property. Do not wash or throw away any items.
- Keep all documents related to your treatment process, including your medical records, bills, and any correspondence from your insurance provider.
- Notify the animal-control department in Pasadena if necessary. The Pasadena Humane Society provides animal care and control in Pasadena.
Animal control reports, prior animal complaints filed for the same dog, and licensing records can often serve as relevant evidence in a lawsuit. However, a single report alone does not prove liability.
What if the Owner Claims the Dog was Provoked?
This is a common scenario that needs a serious response instead of a simple one-word answer.
Provocation might indeed be a valid issue of fact in a dog bite lawsuit. Testimony of witnesses, video footage, photographic evidence, and circumstances preceding the incident could all be used when determining whether the situation occurred. The issue of provocation is not a bar to liability in all cases simply because it was claimed by the owner, and those who were injured, including kids, should not be automatically deemed guilty.
Such cases depend on the facts after the provocation issue comes into play.
Scarring, Nerve Damage, and Other Losses Can Matter
Dog bites can result in injuries beyond just a self-healing wound.
The most common injuries from dog bites are as follows:
✓Punctures
✓Lacerations
✓Infections
✓Facial injuries
✓Scarring or disfigurement
✓Nerve damage
✓Tendon injuries
✓Broken bones from severe dog attacks
✓Psychological harm, when supported by treatment records
Based on the individual circumstances, the following factors could be considered when making a claim:
✓Medical bills
✓Future medical bills
✓Scar treatment and other future medical care, when medically necessary
✓Lost wages
✓Reduced earning capacity
✓Pain and suffering
✓Emotional distress
✓Scarring or physical limitations
There isn’t any sort of average dog bite settlement amount that will give a general idea about the value of an individual case in Pasadena.
The Importance of Insurance in Dog Bite Claims
Dog bite claims are normally made using the appropriate liability insurance, which would be either homeowners or renters’ coverage depending on the situation and the insurance policy itself.
Not all homeowner insurance policies cover dog bite claims. Some insurance companies do not provide coverage because the dog falls under the breed excluded in the policy, while other insurance companies only have limited liability for claims regarding animals. Ownership and residency are also important issues in determining what kind of coverage should be provided.
How Much Time Does One Have for a Dog Bite Case in California?
The time to file California personal injury claims is usually limited to a two-year statute of limitations according to California Code of Civil Procedure Section 335.1.
However, there are exceptions in dog bite cases based on the specific case details, and sometimes when a claim involves a public entity and/or unique defendants, a shorter timeline and other special considerations exist.
Waiting to deal with a dog bite case even when the statute of limitation is not near might be detrimental because it makes the preservation of evidence more difficult, considering that witnesses’ recollection fades away and animal control documents do not last forever.
Free Consultation after a Dog Bite in Pasadena
In the event that you have been attacked by a dog in Pasadena, the Law Offices of Adrianos Facchetti provides a complimentary case evaluation service whereby we will evaluate the situation, locate the owner of the dog, and examine the location of the dog bite incident.
This includes a review of your treatment records, photos and videos, if any taken, whether or not the animal control services have been notified, information regarding the insurance, and potential defenses that the dog owner may use, such as provocation. We handle dog bite cases on a contingent fee basis, and that means there is no fee unless we win your case.
