Reviewed by Adrianos Facchetti, Esq., California State Bar Number 243213. This webpage has been reviewed for its accuracy on matters of California dog bite law, as well as its utility for those injured in dog bites in Pomona.
For almost all cases of a dog bite in California, the first issue that would be raised is whether you got bitten by the dog when you were in a public space or when you were lawfully in private property. When the answer to that question is positive, the next step for the Pomona Dog Bite Lawyer is normally checking California Civil Code § 3342, where proof of previous attacks from the dog is not normally required.
To know more about the process regarding personal injury cases resulting from negligence, our guidance from the Pomona Personal Injury Lawyer may prove very useful. Quick medical assistance and documenting the bite may have a great impact on your future.
California’s Dog Bite Rule Does Not Depend on a Prior Attack
While many states operate on a “one bite rule,” which requires proof of the owner being aware of a dog’s dangerousness, California does not apply such a standard in the context of covered dog bites.
According to California Civil Code § 3342, the owner is generally liable for injuries that arise from a dog bite if the bite occurred in public or on privately owned property while the injured person had the right to be on such property. This includes situations where the injured person was a guest, courier, or any other person who was in lawful possession of the property at the time of the attack. Previous aggressiveness is not generally relevant to the case.
However, it is important to note that while the statute creates a rebuttable presumption of liability, it does not mean that the owner will be automatically responsible for all injuries related to dog bites. Factors such as actual occurrence of an injury, presence of a person in a lawful manner, absence of provocation, and exceptions (for example, for attacks involving police or military dogs) remain relevant.
In addition, it is helpful to understand the limitations of this statute. As the title of the section suggests, it is applicable in the context of bites only. Thus, if the dog did not bite you but pushed you around, chased you into traffic, or made you fall off a bike, your case would be considered negligence.
What You Need to Do Right after Getting Bitten by a Dog
It may be important for you both medically and legally to act properly in the very beginning.
- Seek adequate treatment. A dog bite may result in a punctured wound, potential infections, tendon and nerve damage, and face wounds, all of which may be accompanied by scarring that will not be visible immediately. You need to see a doctor to assess the situation.
- Identify the dog and its owner. Wherever possible, obtain the name, telephone number, address, and insurance information of the owner, a description of the dog, and vaccination information where possible.
- Photograph everything. Photograph bite wounds, ripped clothes, blood stains, or damaged items; location; and conditions of any property, such as an open gate, a broken fence, or absence of a leash.
- Obtain witness information. Names and contact details of witnesses of the incident may be difficult to obtain otherwise.
- Report the incident to local animal control services. In Pomona, this will be done through Inland Valley Humane Society & S.P.C.A., as explained further in this essay.
Continue to photograph the wound healing process. Often, a picture taken several weeks later may be more important than one taken immediately after the bite.
Pomona Dog Bite Reports Can Become Important Evidence
Inland Valley Humane Society & S.P.C.A., based at 500 Humane Way, Pomona, is responsible for the provision of animal control services in the city. Filing a dog bite report helps create documentation near the moment of occurrence.
According to circumstances, an animal control report may serve to provide the following:
✓Identity and description of the dog
✓Owner of the dog
✓Place of the bite
✓Names and contact information of witnesses
✓Vaccination history, if available
✓Observations of the officer
✓Pictures taken at the scene
In certain instances, previous animal control reports related to the same dog may be legally obtained as well. Filing a report does not necessarily mean establishing liability; however, it may help complete the documentation when it becomes impossible later on.
Serious Dog Bites Can Leave More Than a Temporary Wound
There are some bites that leave no lasting effect after healing. There are also those that create complications that will only surface later on.
The injuries sustained in a severe dog bite case could include the following:
✓Puncture wounds and lacerations
✓Infection
✓Nerve damage affecting sensation or movement
✓Tendon injuries, especially in the hands and arms
✓Broken bones
✓Facial injuries, particularly in children
✓Scarring and disfigurement
These injuries will require different kinds of treatment like emergency wound management and even surgery and reconstruction when needed. The psychological impact of severe dog attacks can be assessed as well by a qualified medical practitioner. These could manifest as fear of dogs or insomnia.
Insurance Often Matters More Than the Dog Owner’s Personal Finances
Cases related to a dog bite injury often are covered by the liability insurance of the owner rather than being paid for personally by the owner. This could be the owner’s homeowners insurance, renters insurance, and sometimes the insurance that involves a landlord or another party.
Not all cases are covered. There are some cases when insurance doesn’t apply due to specific exclusions of some animals/breeds from coverage, limitations in the coverage amount, and questions of the dog ownership and location.
The insurance company adjuster could contact you very fast. Be very careful not to provide a recorded statement or sign a medical authorization until you understand the extent of your injuries, especially with scars and nerve damage developing.
What If the Owner Says the Dog Was Provoked?
It is often claimed by owners or insurance companies that the injured person provoked the animal to attack. This can be a legitimate point of controversy, although it does not necessarily resolve the case automatically.
What really transpired before the attack occurs is an important factor to consider. This could include things like the witness account of the events, the footage from the doorbell or business surveillance cameras, the location of the animal at the time of attack, the activities of the injured individual, and whether the person was legally there. The evaluation of provocation may be determined by the situation as well, which includes the age of the person attacked.
Medical Bills, Lost Income, Scarring, and Other Losses
Depending on the specific situation and evidence, what might be included in the claim varies.
Economic Damages That Might Be Included:
✓Emergency medical services
✓Hospitalization
✓Surgical expenses
✓Reconstructive surgery, if medically appropriate
✓Prescription drugs
✓Physical therapy or other rehabilitation
✓Future medical costs, if medically required
✓Lost wages
✓Reduced future earning capacity, if supported by the evidence
Non-Economic Damages That Might Be Included:
✓Physical pain
✓Emotional suffering
✓Scarring
✓Disfigurement
✓Loss of enjoyment of life
There is no “average” dog bite claim. Two apparently identical injuries can have very different results depending on recovery, scarring, treatment, and insurance.
Punitive Damages Not Automatically Awarded in Dog Bite Claim
Unlike the type of compensation discussed above, punitive damages are intended as a punishment for outrageous behavior rather than reimbursement.
In a dog bite case, having only a severe bite is usually not enough for punitive damages. There needs to be some evidence of behavior that exceeds mere negligence. To learn more about punitive damages in California dog bite cases, read our article on this topic.
California Deadlines Still Matter
California Code of Civil Procedure Section 335.1 usually provides for a two-year period during which a claim can be brought if the injury is due to any wrongful act of someone else.
This period may depend on certain conditions. Other cases exist where claims against minors and government bodies need special handling. The evidence will have been long gone by the time the deadline period comes into play.
Free Case Review After a Pomona Dog Bite
If you’ve been attacked by a dog in Pomona, our Law Offices of Adrianos Facchetti will provide a free case review, which will include discussion of the location of the bite, information that you might have regarding the dog and the owner, and the photos that you might have taken.
We can discuss with you if there has been any animal control report filed, if you have any witness information, medical treatment received till now, any insurance involved, and if there is scarring or other treatments in your claim. This will help us discuss how things can proceed from there. We take dog bite cases on a contingency fee basis, which means there won’t be any lawyer’s fee if we don’t get compensation for you.
