Dog Attack Victims May Be Able to Take Legal Action in Santa Clara

 Posted on January 31, 2022 in Personal Injury

Dogs can be loving pets, but they are also animals capable of inflicting severe injuries. Some dog attacks are even fatal. Many dog bite victims are left with physical and mental scars. They may need extensive medical care and psychological counseling to recover. If you or a loved one were bitten by a dog in California, you should know that you have rights. You may be able to hold the dog owner liable and recover monetary damages for the injuries.

California Law Says Dog Owners are Liable for Dog Attack Injuries

Some states are “one bite rule” states which means that a dog owner is not liable the first time his or her dog bites someone. However, California is a strict liability state when it comes to dog-related injuries. This means that the owner may be liable for damages even if he or she had no reason to fear that the dog would be aggressive. If you were bitten by a dog, you may be able to sue the owner and collect financial compensation.

Dog owners are liable for their dogs’ actions when:

• The dog attack victim was on public property or lawfully on private property at the time of the attack (He or she was not trespassing)
• The victim did not intentionally provoke the dog
• The dog attack was not in response to the owner’s reasonable attempts at self-defense
• The dog was not involved in a legitimate military or police action

Damages For Which You May Be Entitled After a Dog Bite

Money cannot erase the traumatic memory of being bitten by a dog, however, it may help address the financial consequences of the dog attack. Dog bite victims may be entitled to monetary compensation for:

• Medical costs incurred by the injuries including the initial emergency room visit, hospitalization, medical procedures, surgery, and mediation
• Ongoing medical needs, including reconstructive surgery, physical therapy, vocational therapy, and mental health care such as counseling for PTSD
• Lost wages caused by missed work while you were recovering
• Lost earning capacity caused by your injuries
• Pain and suffering
• Scarring and disfigurement resulting from the attack

In rare cases, a dog bite victim may be entitled to punitive damages. These damages are meant to punish the dog owner for malicious behavior.

Contact a Santa Clara Dog Bite Lawyer

If you or a loved one were injured during a dog attack, contact the Fuller Law Firm for help. San Jose personal injury attorney Cory Fuller can help you seek justice and compensation. Call 408-234-7563 for a free consultation.

Source:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3342.&lawCode=CIV#:~:text=(a)%20The%20owner%20of%20any,owner's%20knowledge%20of%20such%20viciousness.