I Was Bitten By a Neighbor’s Dog. What Should I Do?
It is often a scary and traumatic experience to be bitten by a neighbor's dog. Not only do you have to deal with the physical pain and potential injuries, but you may experience emotional distress and strain on your relationship with your neighbor.
If you've been bitten by a neighbor's dog, knowing how to respond and the steps you should take is crucial. At the Law Offices of Steven Zwick, we're committed to guiding you through California's dog bite laws and helping you pursue treatment and compensation for your injuries.
Understanding Liability in Dog Bite Cases
California law holds dog owners strictly liable for bites, meaning they are responsible regardless of the dog's past behavior. This is true even if the dog has never shown aggression before or previously bitten anyone.
According to California Civil Code Section 3342, any person injured by a dog bite has grounds to file a claim against the dog owner, provided the attack occurred in a public place or while lawfully on private property.
California's strict liability laws make it one of the more stringent states when it comes to dog bite incidents. Therefore, if you have been bitten by a neighbor's dog, you have a right to seek compensation for your injuries and related expenses.
Steps to Take After a Dog Bite
If you or a loved one has suffered a dog bite, there are several critical steps you should follow to make sure your health and your legal rights are protected. These include:
Seek immediate medical attention: Dog bites can cause serious infections and complications if they aren't treated properly. Even if the bite seems minor, it is important to have your injuries checked by a licensed medical professional. Medical records can also play a crucial role in supporting your claim for compensation.
Report the incident: Notify local animal control or law enforcement about the incident as soon as possible. This creates an official record and can help facilitate the investigation, possibly preventing future attacks by the same animal.
Communicate with your neighbor: While it may be tempting to avoid confronting your neighbor, especially if you have a strong relationship with them, it's important to speak with them about the incident, their dog's behavior, and your intention to file a claim. This can help prevent future incidents and provide insight into the dog's past behavior.
Document the scene: Collect as much evidence as possible from the scene of the incident. This includes taking photos of your injuries, the location where the incident occurred, the dog itself, and any other circumstances surrounding the bite. Photographic evidence can help substantiate your claim and provide proof of your injuries.
Gather witness information: If there were witnesses to the incident, be sure to gather their names and contact information. Their testimonies can provide important supporting evidence for your case.
Consult with an attorney: An experienced personal injury attorney can help you understand your legal rights, assess the value of your claim, and guide you through how to seek compensation for your damages.
Filing a Dog Bite Claim in California
In California, the statute of limitations for filing a dog bite claim is two years from the date of the incident. This means you have a limited amount of time to file your claim and seek compensation for your injuries. It's important to consult with an attorney as soon as possible after suffering a dog bite to ensure you meet all necessary deadlines.
To file a dog bite claim, you will need to follow certain steps. These often include:
Gather evidence and supporting documentation: You will need to collect evidence that provides proof of the dog bite and establishes the severity of your injuries. This can include medical records, photographs, witness statements, and other relevant documents.
Calculate your damages: Keep track of your medical expenses, lost wages, and other costs related to your injuries. Your attorney can help you calculate the full extent of your damages to help you pursue an appropriate amount of compensation.
File a claim with the dog owner's insurance company: Most homeowners' insurance policies provide coverage for dog bite incidents. You will need to submit a demand letter to the insurance company that outlines your injuries and damages. Your attorney will typically handle communication with the dog owner's insurance.
Notify your neighbor: Once you have filed your claim, it's important to inform your neighbor of the legal action being taken. This can also serve as a chance for them to take responsibility and potentially prevent future incidents.
Negotiate a settlement: In most cases, dog bite claims are settled out of court through negotiations between your attorney and the dog owner's insurance company. A fair settlement should cover all past and future medical expenses related to the incident. An experienced attorney can help negotiate on your behalf for a fair and just settlement.
Proceed to trial, if necessary: If negotiations do not result in a fair settlement, your attorney may advise you to take the case to court. In this situation, it will be up to a judge or jury to determine the amount of compensation you are entitled to receive.
Potential Compensation for a Dog Bite Claim
The amount of compensation you may receive for a dog bite claim varies depending on the severity of your injuries. Some common types of damages that can be awarded in a dog bite case include:
Medical expenses: This includes hospital bills, medication costs, rehabilitation expenses, and any other medical treatment related to the injury.
Lost wages: If you have had to take time off work to recover from your injuries, you may be able to seek compensation for lost wages.
Pain and suffering: This covers the emotional distress and trauma caused by the incident. It can also account for ongoing physical pain or disability resulting from the attack.
Property damage: If any of your personal property, such as clothing or belongings, were damaged in the incident, you may be able to seek compensation for the cost of repairing or replacing them.
California Dog Bite FAQ
We understand that you may have many questions if you or a loved one has been bitten by a neighbor's dog. Here are some common ones we receive at our law office:
Can I Sue If the Dog Owner is my Friend or Relative?
Yes, in California, you can pursue legal action against anyone who owns a dog that was responsible for your injuries. An experienced personal injury attorney can help you file a claim for damages and compensation.
How Long Do I Have to File a Dog Bite Claim?
In California, you typically have two years from the date of the incident to file a claim. However, it is crucial to consult with an attorney as soon as possible to make sure all the necessary steps are taken within this time frame. Failure to file a claim during this period could result in you forfeiting your ability to pursue compensation.
What Happens If the Dog Who Bit Me Was a Service Animal?
According to California law, service animals are exempt from the strict liability rule. However, if the dog has a history of aggressive behavior or attacks someone while performing its duties, the owner can still be held accountable.
Contact an Experienced Attorney
If you've been bitten by a neighbor's dog in California, consulting with an experienced personal injury attorney can help you better understand your legal rights and seek proper compensation for your injuries. At the Law Offices of Steven Zwick, we are committed to helping dog bite victims recover the damages they deserve.
Located in Mission Viejo, California, we serve clients throughout Orange County. Contact us today to schedule a free consultation