Few types of accidents are as terrifying as being attacked or bit by an animal. If you were involved in a dog bite incident, you may have suffered intense psychological distress, excessive financial losses, and severe physical injuries. Thankfully, California dog bite laws are considered some of the most victim-friendly across the country.
Meet with a reputable San Diego dog bite lawyer at The Simmrin Law Group to explore your options for justice. A San Diego personal injury attorney at our firm is here to help you hold the negligent dog owner and other liable parties accountable. Contact our team for a free consultation today to learn more about California’s dog bite laws and how you can recover the compensation you are entitled to receive.
How Dog Bite Claims in San Diego Work
It is important to understand how California dog bite cases work. In some states, dogs that have not previously attacked or bitten may be given a “pass.” These states follow what is commonly referred to as the “one-bite rule.” Here, if a dog has never bitten, attacked, or shown a propensity towards aggression, the dog’s owner may escape total liability for the victim’s injuries.
However, California law does not follow the one-bite rule. Here, dog owners are held strictly liable for the actions of the animal, similar to how most premises liability cases are handled. Dog owners are expected to maintain control of their pets at all times. Any failure to maintain control of the animal could be considered negligence.
For a free legal consultation with a dog bite lawyer serving San Diego, call (310) 896-2723
When to Sue for a Dog Bite in San Diego
Although you may have hoped to avoid filing a dog bite lawsuit, there are some instances in which going to court may be necessary. Your dog bite lawyer in San Diego, CA, at The Simmrin Law Group will carefully review the details of your case to determine whether it is possible to avoid going to trial.
Many dog owners have purchased homeowner’s insurance coverage, renter’s insurance coverage, or general liability insurance coverage that protects them if their dog causes serious bodily injury or death to another. However, these types of insurance policies also can exclude specific dog breeds. If the dog owner did not read the fine print of their insurance coverage and their policy excludes their dog’sreed, you may not be able to recover compensation through an insurance claim.
It is also possible that the dog owner does not have insurance coverage in place. If this is the case, and you hope to recover the compensation you are due, you may need to be prepared to move forward with a dog bite lawsuit. If your injuries have cost you financially, emotionally, physically, and psychologically, you may have grounds for legal action against the dog’s owner or other at-fault parties.
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Liability for San Diego Dog Bite Injuries
It is usually dog owners who are held accountable for the injuries their animals cause when a dog attacks or bites, according to California’s strict liability laws under Civil Code §3342. However, there are some circumstances in which other parties could share the blame as well.
For example, suppose a dog owner had fencing installed around their property, and it turned out that the fencing used was improperly installed or created with low-quality or defective materials. In that case, you may have grounds for a claim against the fence installation company, fence material manufacturers, or other third parties.
Our dog bite lawyers will thoroughly review the details of your case and the evidence at hand to reveal the identities of anyone and everyone who may share blame for the injuries you sustained.
Dog Owner Fault Exclusions
There are certain circumstances in which dog owners may be able to escape liability despite California’s strict liability laws. In instances where the injury victim is trespassing on the dog owner’s property, for example, the dog owner may not be responsible for the victim’s injuries.
Dog owners may also be able to avoid total financial liability if the victim provoked the dog to attack or act aggressively. If an injury victim kicked, scratched, punched, yelled, taunted, or otherwise tried to provoke the dog to aggressive or violent behavior, the dog’s owner may not be expected to cover the costs of the victim’s damages.
However, since California also follows pure comparative negligence laws, victims may share liability for their injuries and still be able to recover compensation for the portion of the accident that is not their fault. For example, if your child screamed with joy at the sight of the dog, but the dog was anxious and subsequently bit the child, the judge might find the child 10% responsible for the injuries they suffered. This means your family would only recover 90% of your award.
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How a Dog Bite Attorney in San Diego, CA, Can Help
Having an experienced dog bite attorney on your side could make all the difference in the outcome of your case. You need to be protected against allegations of shared liability if you hope to get the most out of your claim. Your dog bite lawyer will ensure liability is assessed correctly so the liable party does not get away with trying to take advantage of you during this challenging time in your life.
Your dog bite lawyer will be responsible for gathering the evidence needed to prove the defendant’s negligence and liability. We will need to conduct an in-depth investigation to obtain this evidence and prepare a compelling argument if your case is heard at trial. Our team will also be available to negotiate with the insurance company if the dog’s owner or other liable party has insurance coverage in place.
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Connect with a San Diego Dog Bite Attorney Today
There is no reason the dog’s owner should get away with their failure to maintain control of their animals. You can demand total financial compensation when you reach out to an experienced San Diego dog bite lawyer at The Simmrin Law Group.
Our firm proudly offers free, no-obligation consultation to dog bite victims across San Diego and surrounding cities. Claim yours as soon as today when you call our office or complete our quick contact form to get started.
Call or text (310) 896-2723 or complete a Free Case Evaluation form