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This Web site compliments of: Law Office of Steven L. Weiner and Associates - California Law Office Locations To Best Serve You
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Disclosure: This site does not contain legal advice. Photos may not depict people, places or situations related to clients or cases.Other photographs are intended for dramatizaton purposes only.
Statements regarding medical, legal, and insurance help should not be construed as a guarantee, warrantee or prediction regarding the result or outcome of one's health, insurance claim or legal matter.
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Why See A Lawyer When Bit Or Attacked By A Dog?
Few accidents around the home or neighborhood can be as alarming as a severe dog attack. Seeking medical attention is obviously priority number one for anyone having sustained a serious dog bite. After emergency medical needs are met it is most prudent for someone in the family, if not the victim, to become acquanted with California Dog Bite and Dog Attack Statutes.
You may be wondering who do I report the dog attack to? It is important to report the incident to your local animal control agency or police. A police report, for example, documenting the attack will be important evidence later on when you file an insurance claim to recover your hospital costs, or decide to seek further just compensation through the courts by suing the dog owner for damages.
Homeowners insurance covers most dog bite injuries. In California, where dog bite strict liability laws apply, insurance companies are required to investigate each dog bite claim and respond in good faith to the victim. Strict liability essentially means, with dog bite cases, the homeowner is responsible for the dog bite injury regardless of whether or not the dog has shown aggressive behavior before. In fact, the homeowner is liable for all damages incurred as a result of the dog attack. This can include:
- Lost Wages
- Pain and Suffering
- Future Medical - Plastic Surgery Costs
- Psychological Counseling, if necessary
You may also be wondering what is the average insurance settlement one may expect in a dog bite case. That impossible to say because each dog bite injury case is different. It is not unusual, though, for severe dog bite settlement cases to reach several hundreds of thousands of dollars or even millions of dollars.
Interestingly, when some people get bit by dogs they are hesitant take advantage of their legal rights. Perhaps they feel “partly the blame” or “the dog did not mean to” or “it is my friend’s dog” for being reluctant to move forward with a personal injury dog bite claim. Whatever their reason one can argue it is more prudent, and more responsible (especially in dog bite injury cases that require long term treatment or multiple plastic surgeries) to sit down and speak to an experienced Personal Injury Attorney, one that has experience representing dog bite victims in California, and learn of your legal options. There are many dog bite stories that justify my suggestion that one seek legal help when bitten or attacked by a dog - but one comes to mind I would like to share. I heard this one from attorney friend … I will try and recap the story in his own words:
“I got a call a couple months ago from a woman in San Diego who said she was attacked by her neighbors dogs while coming home from work. She said she didn’t think it was anything too serious but her hand got bit. She even apologized for calling me so late … but said she saw my ‘free consultation’ posting on my web page and thought why not call for helpful free advice. To make a long story short she seemed so nice I jumped on a plane from San Francisco and met with her for lunch next day at a San Diego restaurant. Turns out the woman had a puncture hole through her hand between the thumb and index finger. I couldn't’ believe she was so calm! Then, we actually go into bathroom so I can take pictures of the injury, she removes her dress and shows me grapefruit size bruises all over her body! We just settled the case with the insurance company for $1,100,000.”
This underscores the importance of photographs and even videos to “prove” the extent of injuries - not just in dog bite cases. It is possible, had the lawyer waited days before taking photographs and the bruises and swelling subsided to any extent, the full graphic extent of her injuries could have been compromised and a lesser settlement offered by the insurance company. To the insurance companies credit - they realized this woman had a right to have her hand back the way it was before the attack. Plastic surgery is costly, she needed her medical bills paid, she obviously experienced pain and suffering and lost time at work because of the dog attack.
Legal Help
Quick Questions - Quick Answers
Q - What are leash laws?
A - Most towns and cities in California have local leash law that require all dogs to be on a leash unless confined to a house or fenced-in yard. When local leash laws are broken they can increase potential penalties to the dog owner.
Q - I was at the dog park and broke up a dog fight and got bit - is anyone responsible to cover my med costs?
A - The owner of the dog that bit you is usually held strictly responsble.
Q - Am I safeguarded from law suits by having a BEWARE OF DOG sign on my fence?
A - If someone is trespassing on your property you are likely "safeguarded" or protected from being sued. Other than that, you are likely liable any injuries or damages inflicted upon someone on your premisis biten or attacked by your dog.
Q - If my dog attacks someone is there a limit to what I, or my insurance company, may owe?
A - That depends on where the incident occurred and circumstances related to the attack. Recently, in Santa Rosa, CA, a woman was walking her dog to meet her children at a school bus stop. Along the way she was attacked by 90 pound American Pitt Bull that bite her nose off. The owner of the dog insisted this was first her dog attacked anyone. Regardless, she received four months in jail and was ordered to one hundred hours of community service. Her dog was put down. And the victim? She had to go extensive and repeated plastic surgery to reconstruct her face. She was awarded $900,000.00 in a civil judgement. The insurance company ended up paying out one million. Included in the award were judgments of $33,000.00 each for her husband and two children.
Speak to an experienced California dog bite injury lawyer now. Free consultation 1-800-704-0151
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IF YOU HAVE BEEN INJURED AS A RESULT OF A DOG BITE OR DOG ATTACK CALL THE
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This Web site compliments of: Law Office of Steven L. Weiner and Associates - California Law Office Locations To Best Serve You
Walnut Creek - San Francisco - Oakland - San Jose - San Diego - Newport Beach - San Mateo - Pleasanton - Los Angeles - Irvine
Disclosure: This site does not contain actual legal advice. Photos may not depict people, places or situations related to clients or cases.Other photographs are intended for dramatizaton purposes only.
Statements regarding medical, legal, and insurance help should not be construed as a guarantee, warrantee or prediction regarding the result or outcome of one's health, insurance claim or legal matter.
