Do I Need an Attorney for a Dog Bite Claim?
If you’ve been bitten by a dog, you might be wondering what you should do next in terms of your health, but also your finances. You may be experiencing significant healthcare costs and time away from work. And that doesn’t even take into account the fear and trauma you might be experiencing, also. In these cases, you may be able to file an insurance claim or a lawsuit against the responsible party to recover costs for some of these injuries and losses.
While a Roseville dog bite lawyer isn’t required, it’s usually a good idea to work with one or at least schedule a consultation, as they’re free of charge. It’s helpful to understand the dog bite laws in California as well as the benefits of seeking legal help.
Strict Liability for Dog Bite Laws in California
In California, dog bites are generally covered by strict liability laws. This means the owner is responsible for bites that occur, even if they weren’t negligent and have never bitten anyone before.
(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.
Even a small, well-behaved dog that never showed problems before could lead the owner to be liable if it bites.
Exceptions to Strict Liability
There are some exceptions where the owner might not be liable. If you were trespassing or were provoking the dog, you likely won’t be successful in a dog bite claim. Additionally, California’s strict liability laws apply to actual bites and usually not other dog-related injuries.
If you’re hurt because a dog knocks you down, for instance, you’d have to prove negligence on the part of the owner. For example, if the dog wasn’t leashed in a required area or the owner ignored clear signs their pet could be dangerous, they could be liable.
When Hiring a Dog Bite Attorney Is Strongly Recommended
While there’s no legal requirement that you hire an attorney to handle a dog bite claim, there are certain situations in which you’d really benefit from one. Below are some examples of times that you should strongly consider reaching out:
You’re Facing Serious Injuries
Some dog bites leave scars, cause deep wounds, nerve damage, or even broken bones. Treatment may involve surgery or extended rehabilitation. In these cases, it’s a good idea to speak with a legal professional so they can help you get the full compensation you are entitled to under the law.
You shouldn’t have to handle expensive medical treatments on your own, not to mention the lost wages you’ll experience if there are significant injuries. An injury attorney in Roseville can calculate your losses and fight for every penny.
Injuries to Children
Children are especially vulnerable, both in how they get hurt and how dog attacks can affect them emotionally and physically. An attorney can help you deal with difficult insurance companies and help you get your child what they need for their recovery.
Disputes About the Bite or Your Right to Compensation
Dog owners sometimes aren’t willing to accept what happened. They might claim there wasn’t actually a bite or that the victim was provoking the dog or trespassing. Anytime there is a significant dispute about what happened, it’s a good idea to talk to a legal professional.
If you’re unsure about the strength of your case or what to do going forward, your best move is to reach out to a lawyer for help. Call us today to schedule a free consultation.