Dog bite statistics are alarming. In 2018 alone, 36 fatal dog attacks were recorded. What’s more, 4.5 million people are estimated to be bitten annually . Of these, 1 in 5 bites will become infected. Even though dogs can be provoked to attack, liability lies with the owner. He or she must ensure that the pet does not bite someone in a public place or even their home (as long as the victim is legally there).
Anyone who a dog has bitten can attest to the associated physical and psychological effects they suffer after the event. These types of injuries often require specialized medical treatment and reconstructive surgery at a huge cost ( 27,000 people required this type of surgery in 2018 ). Besides pain and suffering, dog bite victims and their families often suffer under financial strain. The average hospitalization for a dog bite costs $18,500. That is 50% higher than the average medical costs for other injuries.
Dog Bites in California (Where Moet Law is based.)
In California, pet owners are liable for any dog bite injuries caused by their pets in public places. They are also liable if the person who was bitten lawfully entered private property. Moreover, meter readers, postmen, and package delivery workers can file claims if they are bitten.
According to California statute, even if a dog just grabs someone’s flesh with its teeth (without breaking the skin), the resulting injury is considered a bite. Also, unless military or police dogs are off duty, bitten people cannot sue the state if someone is bitten while doing law enforcement work.
If a dog causes a person to be hurt without biting – for example, jumping up and/or effectively causing them to fall and injure themselves, that person may claim compensation. They would just have to prove that the incident was due to negligence on the dog owner’s part.
The dog bite statute in California is Civil Code 3342. It allows for compensation for damages suffered even if the dog lacks an aggressive history. This is different from other states, which have what they call “one-bite rules.” This occurs when a dog owner has strict liability only if it is not the first time it has bitten someone.
If the court proves that the victim harassed or annoyed the dog, the damages may be reduced. Unfortunately, for dog bite victims, the defense of the dog owner may try to prove that the victim provoked the dog or was illegally on the property (trespassing). That is the reason people seek compensation. Whether someone bit your dog bit someone else or you, you deserve legal representation.
Suppose people perceive a dog as a threat. Or, if the canine has a history of biting, the court may impose special conditions the owners should observe. The law imposes strict fines on anyone who fails to comply. With a two-year statute of limitations on dog bite injuries, seek help sooner rather than later for all of the above.
About Moet Law in Ontario, California
At Moet Law, our team of experienced attorneys is ready to advise dog bite victims, dog owners, and their families about the best way to seek compensation for damages and trauma or to identify underlying causes for the dog’s aggression. Call today for your free case evaluation at (866) 424-0789 .