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Dog bite attorney San Diego
The responsibility for controlling and maintaining a dog or pet falls to dog owners. The owner of the dog is not uncommon to refuse to deal with the victim after it has been bitten. The majority of people are uncomfortable with admitting that their dog/pet is violent or has injured a third party. It is important that you know your rights when it comes to dog bites.
In case of an attack and resulting injuries, the owner and home owner’s insurance company could be responsible. The law and doctrine that governs dog bites in California is strict liability. A person who has been bitten by another person’s dog only needs to show that the dog belongs to the defendant, that the bite took place on public or private property where the victim was lawfully permitted, and that the dog bite actually caused the victim physical injury.
Even if a dog that a person owns has never bitten anyone in the past, a person may still be held responsible. Contact HHJ Trial Attorneys today for help getting compensation for your medical bills, missed workdays, and pain and suffering.
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What is the pet owner’s responsibility for the attack?
Controlling and maintaining a pet or dog is the dog owner’s responsibility. A dog owner may refuse to treat a bitten victim after the animal has been bitten by the dog. There are a majority of people who do not like to admit that their pet is violent or has injured someone else. If you are bitten by a dog, you should be aware of your rights.
The owner and homeowner’s insurance company may be held responsible for injuries caused by an attack. In California, dog bites are governed by the doctrine of strict liability. An individual bitten by a dog belonging to another must prove only that the dog belongs to the defendant, that the bite occurred on public or private property where the victim was lawfully allowed, and that the bite actually resulted in physical injury to the victim.
It may be possible for a person to be held responsible even if the dog they own has never bitten anyone in the past. The attorneys at the firm will make sure you are compensated for your damages, medical bills, missed workdays, and pain and suffering. You can reach the firm by calling HHJ Trial Attorneys.
Dog Bite Injuries in California
Dog bites, while being the most common animal-related injury in California, are covered by the law that applies to animal attacks. Dog owners in California are responsible for the injuries their dogs inflict even if there was no warning of dangerous behavior in advance, unlike owners in some states who have a one-bite rule that exempts them from responsibility if their animal has never attacked before.
A victim of a dog attack is only liable if they were trespassing (with the intention to commit a crime), provoking the animal, or that they knew that there was a risk of getting bitten and ignoring it.
There are many serious injuries that can be caused by dog bites, and some may even result in death. The injuries sustained when dogs attack children are typically catastrophic and life-threatening. In such cases, surgery is usually required, and scarring is often disfiguring.
You may be entitled to receive compensation for your medical bills and pain and suffering if you or your child were bitten by a dog. The attorneys at our firm are prepared to assist you in your claims. With over 37 combined years of legal experience and a track record of success in personal injury cases, we are one of the top personal injury law firms in the area.
Can dog bite attorney San Diego
Someone who has been bitten by a dog or viciously attacked by another animal may face a difficult and painful experience, and that experience may also change their life. Physically, a dog bite victim sustains physical injuries, which can leave scars, but emotional distress also occurs, including the fear of reoccurrence as a result of the dog’s attack. Many people are permanently afraid of dogs after experiencing a dog bite injury. There are rare cases when a dog bite results in severe injuries
Dog identification
Immediate identification of the animal that bit you is essential following a dog bite. Unless you know its identity, you may be forced to submit to rabies treatment, which can be extremely painful.
Treatment for medical conditions
As soon as a dog has been identified, it is very important for it to receive medical treatment. In the event that you sustain a wound on your face from a dog bite, it is strongly advisable that you have it treated by a plastic surgeon in the emergency room. Doctors with this skill specialize in healing skin wounds quickly and as painlessly as possible.
Emotional scarring/trauma
In many instances, dog bite victims suffer from depression and a low self-esteem because of the scarring they incur following the bite. In order to reduce the chances of permanent scarring, dog bite victims typically consult with plastic surgeons. There is usually some permanent scarring left behind even after plastic surgery. There is a lifelong scarring associated with dog bites that dog bite victims have to deal with for the rest of their lives.
Those who suffer from severe scarring can experience depression after a dog bite. The trauma of dog bites may result in post-traumatic stress disorder (PTSD), which can lead to numerous other problems, including trouble sleeping, difficulty concentrating, increased stress, and irritability.
Depending on whom the owner is, how the dog bite occurred, and if insurance coverage is available, dog bite attacks can present a wide variety of complex legal issues.
Several dog biting attacks are “strict liability” cases according to California law. This stands in stark contrast to the state’s most common accident/injury laws, which require negligence to be proven before you can receive compensation. When a dog bites its owner, strict liability applies – you don’t have to prove negligence on the owner’s part, and the victim has to prove that the dog bit him out of frustration or anger.
With our dog bite lawyers’ experience handling dog bite attacks, we have the ability to maximize financial compensation if you have suffered a bite injury. Whether you or someone you know has been injured by a dog bite or an animal attack, contact the Law Offices of Michael E. Cindrich APC today.
He is an expert negotiator who will achieve the best settlement possible for you. Even if a reasonable settlement cannot be reached, Mr. Cindrich is a trial lawyer who knows how to go to court to fight for you. It is not advisable to deal with the insurance company alone. Ensure that your interests are protected by consulting The Law Offices of Michael E. Cindrich APC.
Additionally to personal injury, our firm is experienced in criminal defense, workers’ compensation, as well as other fields. There is no charge for the Initial Consultation. Dog Bite, Auto Accident, and Personal Injury Cases are taken on a contingency fee basis by The Law Offices of Michael E. Cindrich – You pay no attorneys’ fees until we recover money for you. We look forward to hearing from you.
In San Diego County, what are the dog bite laws?
The San Diego Department of Animal Control reports that thousands of San Diego area residents are bit or attacked by dogs every year. When bitten by a dog, most of the victims suffer serious injuries. Children are the most common victims. Due to this fact, when dogs attack, dog owners can be held criminally and civilly liable.
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Responsibility of Owner:
Pet owners in San Diego have a responsibility to protect the public by ensuring their animals do not harm anyone or anything. According to San Diego County Code Section 62.669.1, any person who owns or has custody or control of a dog is responsible for preventing that dog from attacking, biting, or injuring anyone engaged in a lawful act, as well as preventing it from damaging or interfering with property.
The County of San Diego leash law. California Penal Code 597; Code Section 62.669.
San Diego County has also passed a leash law, designed to avert dog bites and their serious consequences. It was intended to prevent dogs from hurting or interfering with other animals and people with proper restraint.
A leash law in San Diego requires owners to restrain their dogs on a handheld leash not longer than six feet in length when walking or taking their dogs out in public. In addition, dog owners must physically restrain their dogs at home with a leash, fence, or other enclosure by speaking to them or physically restraining them with their voices. By keeping dogs free from harm, these laws help protect the public and dogs from encounters with unknown canines.
(a) A person having custody or control of a dog shall take all reasonable steps so that the dog will not be “at large” or violate other laws.
In fact, although dogs are generally prohibited from using a “Leash” while hunting, herding livestock, or on public property, they may be unrestrained when assisting their owners in these activities, as long as they are under direct and effective control to ensure they are not violating any other provision of law.
This section does not apply to dogs used as assistance to peace officers while performing their duty. Any person who violates any of the provisions of this subsection is guilty of a misdemeanor.
(b) A person who owns or has custody or control of a dog lawfully on private property shall confine the dog to a building or enclosure that is adequate to ensure physical confinement and meet humane standards or keep the dog on a leash or tether. Neither this subsection nor any other provision in it shall be construed as granting impoundment authority.
Testimony of Enrique, a San Diego dog bite victim
During a walk with my dog in April of this year, I was attacked by a pit bull. During my visit to the emergency room, I witnessed the dog bite my hand. Both my dog and I needed to see the vet. We asked the owners of the dog to assume responsibility for the costs after the hospital bill, but they refused. After that, we went to Elliott who was kind enough to represent us.
It was a pleasure doing business with you. It was his responsibility to check to see whether dog owners had insurance to cover our expenses. He understood that even though the case is not that serious, it was important that we get our money back. Throughout our experience with Elliott, we were treated with respect and given the attention of an experienced and professional lawyer.
Testimonials from dog bite victim Irma in San Diego
When I needed a personal injury lawyer for my dog bite, I chose HHJ for my legal needs. It was the first time I worked with an injury attorney and I’m glad I chose HHJ highly recommended. Adam Hepburn handled my case and explained everything to me, answered all my questions, kept me updated on my case, and was always there to answer my questions.
FAQ Related to dog bite attorney San Diego
What age group are the most common victims of dog bites?
A recent study by Children’s Hospital of Pittsburgh found that more than half of dog bite victims are children, with the most common age range being five to nine. Additionally, children are susceptible to serious injuries and often suffer bites on the face, neck, and head.
How much time do I have to file a dog bite claim?
According to California law, you have two years from the date of the dog bite incident to file an injury claim. In the event that you try to file a lawsuit after this time window has expired, you will be turned away. You should contact an experienced San Diego personal injury attorney as soon as possible. The longer you delay, the less likely it is that you will receive a full and fair settlement.
What happens if your dog bites someone in California?
As a matter of California law, dogs that bite someone are strictly liable. John Montevideo, an attorney, says the owners are responsible in case of a bite. It is the owner’s fault for the issue simply having arisen. There are some exceptions to the rule, but for the most part, it is their fault.
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