Dog Attacks
There is no question that we love our pets. But what happens when man’s best friend attacks someone? There are varying degrees of incidents involving dogs. These range from a dog simply growling and showing aggressive behavior, jumping and knocking someone down, to a dog biting or mauling a victim that causes injury or death.
Because California has a variety of legal protections in place for each degree of attack, Eric Traut and the attorneys at Traut Injury Law will help you navigate the insurance and legal systems to effectively maximize your recovery. The vast majority of the time these claims are paid by the dog owners homeowners or renters insurance carrier. However, some carriers now exclude certain breeds that are involved in most attacks. If that occurs, Eric Traut may have to pursue the defendant personally to obtain fair compensation.
1. Suing for a Dog Attack and Potential Injuries
In California, you can pursue legal action against the owner if their dog attacks and injures you, whether or not the owner knew of the dog’s aggressive tendencies. California law is based on strict liability in dog bite cases, meaning the owner can be held responsible for injuries regardless of whether the dog previously showed aggression. If the dog does not bite, but knocks you down and causes injuries, you still can pursue a case. It will be through a negligence cause of action, not strict liability. Traut Injury Law attorneys have successfully handled many dog attack cases for more than three decades.
Dog attacks can lead to a wide range of injuries, including:
- Puncture wounds
- Lacerations
- Infections (such as rabies or bacterial infections)
- Nerve damage
- Broken bones or fractures (from being knocked down)
- Scarring and disfigurement
- Psychological trauma, including PTSD
2. Insurance Issues When Suing a Dog Owner
When you sue for a dog attack, insurance often plays a key role. Many homeowners’ and renters’ insurance policies cover liability for dog bites, which can cover expenses related to medical bills, lost wages, pain and suffering, and other damages. However, insurance companies sometimes deny claims for certain breeds or if the dog has a history of aggression. It is important for Traut Injury Law to determine whether the dog owner has insurance and whether the breed may be excluded at the outset.
Additionally, insurers may attempt to settle claims quickly and for lower amounts, which could undervalue your case, especially if you have long-term medical needs or significant emotional trauma. Working with Traut Injury Law attorneys can help ensure that the insurance settlement accurately reflects the full impact of the injury.
3. California’s Dog Bite Law
Under California’s Civil Code Section 3342, a dog owner is strictly liable if:
- The bite occurs in a public place or while the victim is lawfully on private property (including the dog owner’s property if they’ve invited you in).
- There is no need to prove that the owner was negligent, only that their dog caused the bite.
However, strict liability typically only applies to bites—not necessarily other injuries caused by a dog (like being knocked over). For non-bite injuries, you’d generally need to prove negligence.
4. Calculating Reasonable Compensation for Scarring and Other Damages
California does not cap personal injury awards, so you can work with a personal injury attorney to help determine an amount that reflects both economic (medical costs, lost wages) and non-economic (pain and suffering, scarring) damages. One of the main reasons why you will need an attorney is to determine the value of life-long scars. Important factors that Traut Injury Law attorney will look at are the location of the scar and visibility, whether plastic surgery will reduce the appearance of it, and what similar scarring cases have settled for or verdicts from juries.
Traut Injury Law can arrange a free consultation to evaluate your case and discuss the evidence you’ll need to maximize your potential compensation.
