SANTA CLARITA DOG BITE ATTORNEY
California follows a strict liability statute when it comes to dog bite injuries. This means that dog owners are generally held responsible for injuries caused by their dogs, even if the dog had never shown any aggressive behavior before. The key points of California's dog bite law include:
- Strict Liability: In most cases, dog owners are liable for injuries caused by their dogs biting someone, regardless of the dog's past behavior or the owner's knowledge of it.
- Public vs. Private Places: The law applies both in public places and when the injured person was lawfully in a private place, including the dog owner's property.
- Comparative Negligence: While the dog owner is usually strictly liable, if the injured person's actions somehow contributed to the attack (provocation, trespassing, etc.), the damages awarded might be reduced.
Prevailing in a Dog Bite Injury Claim in California:
To prevail in a dog bite injury claim in California, you generally need to establish the following elements:
- Injury: You must have suffered an actual injury as a result of the dog bite.
- Ownership or Control: You need to demonstrate that the person you're making the claim against is the dog's owner or someone who had control over the dog at the time of the incident.
- Dog Bite: You need to prove that the dog actually bit you and that the bite caused your injuries.
- Location: The bite should have occurred either in a public place or while you were legally on private property.
- Damages: You need to provide evidence of your damages, such as medical bills, lost wages, and pain and suffering.
Steps to Take:
- Seek Medical Attention: If you're bitten by a dog, seek medical attention immediately. Your health and safety are the top priority.
- Document Evidence: Gather evidence such as photos of the injuries, any torn clothing, and the scene of the incident. Also, get contact information for any witnesses.
- Report the Incident: Report the dog bite to the appropriate local authorities, such as animal control or the police.
- Preserve Evidence: Keep records of your medical treatment, including bills, diagnoses, and treatment plans.
- Consult an Attorney: Consult a personal injury attorney who specializes in dog bite cases. An experienced lawyer can help guide you through the claim process and potential lawsuit, help determine fault and liability, and negotiate with insurance adjusters.
- File a Claim: Your attorney will help you file a claim with the dog owner's homeowner's insurance company. The insurance company may offer a settlement.
- Negotiation/Settlement: Your attorney will negotiate with the insurance company to achieve a fair settlement. If a settlement is reached, you'll receive compensation for your damages.
- Litigation: If a settlement cannot be reached, your attorney may advise you to file a lawsuit. Litigation may involve court proceedings and a trial.
Remember, every case is unique, and the process can vary based on the specific circumstances. It's crucial to consult with a qualified attorney who can provide personalized legal advice for your situation.
Robert Mansour can help advise you regarding your case. He serves the entire Santa Clarita Valley including Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and surrounding communities. Call Santa Clarita personal injury attorney Robert Mansour at (661) 414-7100 for a free consultation and evaluation of your case. You can also fill out our Free Case Evaluation form.