Roseville Dog Bite Attorney
At Rosenthal Law, our team is standing by to help if you need a Roseville dog bite attorney. We understand the complexities involved in these claims, but we also understand dog bite laws in California. Let us get to work recovering the compensation you need today through a Roseville personal injury claim.
Why Should I Hire a Roseville Dog Bite Attorney from Rosenthal Law?
Founding attorney David Rosenthal has been trusted to help injury victims secure compensation for more than 30 years. We understand what it takes to stand up to aggressive insurance carriers after a dog bite incident occurs, and we have the resources needed to investigate what happened fully.
Dog bite claims can be incredibly challenging, particularly when facing aggressive homeowners’ insurance carriers or legal teams. Even though there are strict dog bite laws in this state, these other parties may try to shift some of the blame to try and get out of paying fair compensation.
When you work with an experienced Roseville dog bite lawyer, you will have an advocate ready to investigate the incident and work with trusted medical and economic experts to adequately calculate your losses. You may need a dog bite attorney in order to recover the true value of your claim.
What Damages Can I Recover for My Dog Bite Injury in Roseville?
There may be various types of damages available for injury victims of dog bites in Roseville. Some of the types of compensation available in these situations include coverage of:
Economic Damages
Economic damages cover the direct financial costs resulting from your dog bite injury. These include measurable losses you’ve already experienced or can expect because of the attack.
- Medical bills (emergency room, hospital stays, surgeries)
- Prescription medications and medical devices
- Physical therapy or rehabilitation expenses
- Lost wages due to inability to work
- Loss of future earning capacity
- Transportation costs to and from treatment
Recovering economic damages ensures you’re reimbursed for the out-of-pocket expenses caused by your injury, and receive compensation for any future costs linked to your recovery.
Non-Economic Damages
Non-economic damages represent the non-monetary, personal losses caused by a dog bite – impacts that may not show up on a bill but still seriously affect your life.
- Pain and suffering (physical discomfort, chronic pain)
- Emotional distress or mental anguish
- Anxiety, PTSD, or sleep disturbances
- Scarring or disfigurement
- Loss of enjoyment of life or daily activities
- Impact on personal relationships
These damages recognize your human losses, compensating you for the challenges, distress, and life changes brought about by the attack.
Punitive Damages
Punitive damages in California go beyond simply repaying the victim; they are meant to punish defendants for particularly wrong or reckless actions. To claim punitive damages for a dog bite injury, you must provide clear and convincing evidence that the dog’s owner acted with malice, oppression, or fraud.
(a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant.
Punitive damages are not available in every case, but when awarded, they send a strong message that irresponsible or malicious conduct around dangerous animals will not be tolerated.
How Long Do I Have to File a Dog Bite Claim in California?
Individuals in California have two years from the date an injury occurs to file a civil lawsuit against an alleged negligent dog owner. However, since most of these claims are handled through insurance carriers, it is important to file the claim as soon as possible. Any delay in filing a claim with an insurance carrier could lead to a denial of compensation.
Who Can Be Held Liable for a Dog Bite Injury in Roseville?
In almost all situations, the dog owner will be held responsible for paying compensation to a dog bite victim. Even if another person had control of the dog at the time the incident occurred, the actual owner of the dog will be the one financially liable for paying compensation to the injury victim.
Injured from a dog bite?
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Injuries Associated with Dog Bites
Unfortunately, the injuries associated with dog bite incidents often lead to significant setbacks and long-term scarring and disabilities. Dogs have powerful jaws, and their teeth can penetrate deeply into the skin. This could lead to injuries such as:
- Puncture wounds or lacerations
- Injured arteries, veins, ligaments, muscles, and nerves
- Partial or complete amputations of fingers or extremities
- Emotional trauma and PTSD
In addition to these common injuries, a dog bite injury is also prone to infection. In many cases, even a relatively minor dog bite incident can lead to serious long-term complications if infection sets in. Individuals must seek prompt medical care, even if a dog bite injury does not seem too severe. Ignoring any type of injury caused by an animal could lead to the injury becoming much worse than it would be otherwise.
According to information available from the UPMC Children’s Hospital of Pittsburgh, children make up more than 50% of all dog bite victims. Children have closer proximity to a dog’s mouth, and this often leads to more significant injuries to the head, face, and neck area.
What Are California’s Dog Bite Laws?
California is one of the states that uses a strict liability system concerning dog bite incidents. Per California Civil Code § 3342, a dog’s owner will be held strictly liable for any injuries caused by their dog biting someone else, even if the dog has never bitten anybody before or shown a propensity for aggression. So long as the bite victim was on public property or lawfully on private property when the attack occurred, the dog’s owner is responsible for paying compensation. It does not matter whether or not the dog has ever bitten anybody before or if the dog has a propensity for aggression. Even if this is the first time the dog has ever bitten anybody, the owner will be responsible for paying the victim’s medical expenses. It is not necessary to prove that the dog owner was negligent in allowing the incident to occur.
Strict liability dog bite laws only apply to the dog’s owner and not any other individual who may have had control of the dog at the time the incident occurred. For example, even if a dog walker had control over the pet at the time the bite occurred, the owner of the dog will be responsible for paying medical expenses, not the dog walker.
Individuals can typically not recover non-economic damages, such as pain and suffering damages, unless they can prove that the dog owner’s negligence directly led to the dog bite. A dog owner could be negligent by failing to properly restrain their pet, knowingly allowing a dangerous dog around other individuals or pets, etc. Recovering pain and suffering or any other non-economic damages after a dog bite is not impossible through the strict liability dog bite law. Individuals will have to file a civil personal injury lawsuit against the dog owner, and they will have to prove that the owner was negligent in some way.
How Long Do I Have to File a Dog Bite Claim in California?
In California, you generally have two years from the date of the do bite to file a personal injury claim against the responsible party. This is known as the statute of limitations.If you don’t file it within this deadline, you will lose your chance to do so in most cases.
However, there can be exceptions, such as cases involving children, where the time limit may start when the child turns 18, or if the responsible party cannot be found.
The discovery rule is another common exception, which states the time limit may be extended if you did not immediately discover you were injured or did not know the dog owner’s identity. In situations where your injuries were not immediately apparent, or you learned important facts about the attack later, the deadline to file can sometimes be postponed until you discovered, or reasonably should have discovered, the cause of your injury and the responsible parties.
Proving Your Dog Bite Case in California
Proving negligence in a dog bite injury case in Roseville, California, can be challenging, but the strict liability dog bite laws in this state make it easier. In general, all that has to be shown for a dog bite claim to be successful is that the dog bit an individual who was on public property or lawfully in a private area and that the individual did not provoke the dog.
Individuals who need to prove that the dog owner was negligent will have to go a step further in showing that the owner’s actions directly led to the dog bite incident. Regardless of whether or not a person is filing a strict liability claim or a civil personal injury lawsuit against the dog owner, evidence must be gathered. We strongly encourage working with a skilled dog bite injury attorney in Roseville who can handle every aspect of the claim. Dog bite injury victims should focus on recovering from their injuries and moving forward. A premises liability attorney in Roseville will be the one to handle all communication with other parties, as well as the process of proving the strict liability or negligence claim.
Why Do Dogs Bite?
Dogs usually bite for a few predictable reasons: fear or self-defense, pain or illness, protection of territory/owners, being startled, or guarding food or toys. Even well-trained dogs can react unexpectedly, especially around children or unfamiliar people, if they feel threatened or overstimulated.
What to Do After a Dog Attack in Roseville, CA?
Various steps that people can take to help ensure they receive the medical treatment they need and attention to their case. Some of these steps must be taken immediately after a dog bite incident occurs, but other steps will happen over the days and weeks following the incident. Even though each case is different, the general steps dog bite victims need to take include:
Seek Medical Care
Any dog bite victim must seek prompt medical care. For severe injuries, this should be a visit to the emergency room. For some dog bite incidents, a critical care facility or an emergency doctor clinic may be sufficient, but we strongly encourage you to follow all instructions recommended by the medical professional. Even relatively minor dog bite injuries must be treated by a medical professional so as to prevent more serious infections from occurring. Prompt medical care establishes a strong link between the dog bite incident and the injuries, which is what insurance carriers will look at.
Report the Incident
All dog bite incidents that occur in Roseville must be reported to the proper authorities. Dog bite victims should dial 911 and let law enforcement officials handle the situation. Victims can also call Roseville animal control authorities to help them determine the next best steps to take. The police control officers can handle the situation and fill out an accident report, which will be crucial when it comes to filing an insurance claim or a civil personal injury lawsuit against the dog owner.
Gather Evidence
It may be possible to gather some evidence from the scene of the incident. This can include using a phone to take photographs of any injuries or the area where the dog bite occurred. Additionally, if there were any eyewitnesses to the incident, their names and contact information should be written down as promptly as possible. Any clothing worn during the dog bite incident should be placed into plastic bags or a container and not destroyed or cleaned.
Contact a Roseville Dog Attack Attorney
Dog bite injury victims should contact a skilled Roseville wrongful death attorney as soon as possible. A lawyer can get involved quickly, begin an investigation, and handle all communication with other parties involved.
Continue Medical Treatment
All dog bite injury victims should continue medical treatment recommended by their medical professional. Discontinuing care before a doctor recommends doing so could lead to a delay or a person receiving less compensation than they otherwise would have received.
Avoid Social Media
We recommend that all dog bite injury victims avoid using social media, particularly when posting about the dog bite incident and the recovery process. Anything individuals say online while they have an ongoing injury claim against another party will inevitably be discovered and could be used against them. For example, claiming a severe injury but then making a post about being able to go to the grocery store could be used by the insurance carriers or legal team for the defendant to limit how much compensation they pay.
Who Can Be Held Liable for a Dog Bite Injury in California?
California law makes it possible to hold several different parties responsible if you’re injured by a dog bite. Understanding exactly who is liable depends on how the bite occurred, where it happened, and the relationship between the parties involved.
Dog Owners
A dog’s legal owner is most often the person held strictly liable for injuries their animal causes, even if the dog had never shown any signs of aggression or the owner did nothing “wrong.”
Property Owners or Landlords
In limited situations, a landlord or property owner might be responsible, such as if they knew there was a dangerous dog on the premises but failed to remove it or warn tenants and visitors.
Dog Keepers or Caretakers
Someone temporarily caring for, walking, or in control of the dog, for instance, a family member, dog walker, or neighbor, can also be held liable in some cases.
If you’ve been bitten by a dog and are trying to figure out who’s responsible, your best bet is to speak with a personal injury lawyer right away.
Contact an Experienced Roseville Dog Bite Lawyer Today
Dogs have very powerful jaws that can inflict major injuries. Unfortunately, recovering compensation after a dog bite injury can be challenging.
If you or a loved one has sustained a dog bite injury but is not sure how to recover compensation for your losses, we encourage you to reach out to Rosenthal Law as soon as possible. Our Roseville dog bite lawyers have the resources necessary to handle every aspect of the claim on your behalf. We know what it takes to stand up to aggressive insurance carriers in order to recover maximum compensation for your losses. When you need a Roseville dog bite attorney, you can contact us for a free consultation by clicking here or calling us at (916) 774-7200.