Dog bite assaults are incredibly violent, unexpected, and can leave victims fearful and anxious for the rest of their lives. While many dogs are loyal, safe, and predictable, certain breeds are bred to be nasty and violent by nature and/or training. If a dog bites you while you are legally on the property, California Civil Code § 3342 provides the basis for suing the dog owner and imposes strict liability. All you have to do now is show that the dog bit you while you were on the property legally. If they are attacked by a dog while doing something illegal, trespassers, burglars, and others do not obtain the benefit of the strict liability provision in Civil Code section 3342.
Dog-on-dog violence is interrupted by a human.
Bite by a dog in a public area
Dog bites in a house or yard where you were welcome.
Another animal bites your dog in your house or yard.
While on the job, a dog bites
Other Animal Attacks - Cats, horses, and wild animals that people possess can injure people. If this occurs, they may be held accountable for any injury you or others sustain.
Determine whether medical help is required and, if so, dial 911 or visit the nearest emergency room. Wounds that are not treated might become infected.
In California, if you seek medical attention, your doctor is compelled to disclose the bite.
Document,document,document.
Obtain the dog's owner's name, address, and phone number.
Take pictures of the injuries and the location where the attack occurred.
If at all feasible, get witness information.
Addresses for Names
Phone numbers to keep on file for future contact in case you need to establish your case.
4. As soon as you are physically able, take notes on your phone or use your voice memo to document everything that transpired.
You will not be charged anything unless we win your case.
Attorney Tim Mazzela is available to meet with you via phone, video chat, or in person 24 hours a day. We are unable to visit homes or hospitals due to COVID, but we can handle business.
The benefit of engaging an attorney as soon as possible after the attack is that you can document the evidence and evaluate the level of inquiry required to build your case and safeguard your rights. Our staff will also conduct interviews with witnesses and take notes on their testimony.
You will be guarded and protected from the defendant's insurance company's pestering and underhanded techniques.
Most importantly, they will make you better settlement offers and analyze if the settlement is fair and reasonable in light of similar situations from previous California jury judgments.
For dog bite claims, certain homeowner's insurance policies have lower coverage limits. Others will not pay for dog bite claims unless the insurance company specifically states that certain types of dogs are more violent and aggressive. Most homeowner's insurance policies, fortunately, cover dog bite claims up to the policy amount. Tim Mazzela has handled two dog bite cases, each of which resulted in a $500,000.00 gross settlement. One of those cases had a landlord-tenant dispute, which further complicated the matter. He has also successfully handled a number of six-figure dog bite cases.
When the dog belongs to the tenant rather than the property owner, extra factual allegations must be proven in order to win the lawsuit. You must show that the landlord knew or should have known that the dog was present on the premises and that the dog had aggressive tendencies in a landlord-tenant situation.
A private investigator is required to canvass the surrounding area in order to provide answers to questions such as:
Was the dog involved in any previous dog attacks?
How often did the landlord visit the property, and what did the dogs do when he was there?
Do the dogs often run around the neighborhood off-leash and annoy the residents?
Has anyone been bitten by the dogs before the case under investigation?
Is the dog's enclosure in good working order?
Because of the long-term emotional scars left by a violent and vicious dog bite attack, dog bite cases are becoming more valuable. Pain, suffering, and emotional distress damages have a substantially higher multiplier than other forms of personal injury lawsuits. They are worth more money in a settlement and settle faster. One of the numerous driving elements behind these increasing prices is the size of jury verdicts.
Economic Damages are defined under California law to include the following items.
Medical bills from the past
Medical costs in the future
Wage loss in the past
Wage loss in the future
Loss of earning potential
Surgical procedures in the past and in the future
Medical bills from the past and the future
Household services are lost.
Adapting your home to suit your impairment
Expenses you paid out of pocket to deal with the injuries and disabilities you sustained as a result of the attack.
Non-Economic Damages are defined by California law as the following.
Have an effect on your personal life
Your family relationships will be affected.
Your work life will be affected.
Imperfection
The impact on your life and that of your family
Sufferers of Pain
Loss of pleasure in life
Disappointment
Distressed mental/emotional state
Post-Traumatic Stress Disorder (PTSD) is a type of post-traumatic stress disorder that (PTSD)
Temporary incapacitation
Incapacity for life