Dealing with any injury can take a lot of time and energy. Aside from focusing on treatment and recovery, victims also have to consider the medical costs they must shoulder. If you seek compensation for a dog bite injury, it is good to take note of the appropriate dog laws to determine if your case can stand.
California dog bite law
Unlike most personal injury cases, dog bite victims do not have to prove negligence or carelessness to recover compensation. California strictly holds dog owners responsible if their dog bites a person in a public place or a private setting if that person is there lawfully.
The victim must file the dog bite lawsuit within two years of the incident. Otherwise, they will lose their right to seek and recover compensation.
When the law does not apply
Even though the law strictly holds liable dog owners, some technicalities may bar a bitten person from seeking compensation. This includes but is not limited to the following:
- The bitten individual was a trespasser
- The injury is not a bite
- Property damage
- If the dog is a police or military dog on duty
Moreover, the law does not apply to temporary keepers of the dog, such as dog walkers or groomers. It only applies to the dog’s owner. However, if one wants to bring a lawsuit against the dog’s keeper, who is not the owner, one can look into the “one-bite rule.”
The “one-bite rule
A victim can sue the dog’s owner or keeper for damages due to negligence if the latter knew the animal was dangerous and did not exercise reasonable care to prevent the dog from attacking the victim. However, the victim has the burden to prove negligence on the defendant’s part, which can be difficult.
Understanding dog bite laws in San Diego can remove many doubts from the victim’s mind. Whether under the dog bite law or the “one-bite rule,” dog bite victims can seek compensation for their bite injuries.
about
Scott M. Blumen
Scott M. Blumen, Attorney at Law, APC offers personalized, results-focused legal help for injury and workers’ compensation cases in San Diego.
Frequently Asked Questions
Getting started is easy. If you’ve been injured in a workplace accident, car accident, construction accident, slip and fall, or another incident caused by someone else’s negligence, contact Scott Blumen Law today. Call (619) 439-1837 to discuss your situation and receive an honest assessment of your legal options.
Since 1989, Scott Blumen has helped thousands of injured individuals throughout San Diego. He is known for providing honest legal advice, straightforward communication, and experienced representation in both workers’ compensation and personal injury law. As a Certified Legal Specialist in Workers’ Compensation Law, he offers knowledge that many firms cannot provide.
Many injury cases are resolved through settlement negotiations without going to trial. However, if a fair settlement cannot be reached, Scott Blumen is prepared to advocate for your interests throughout the legal process and pursue the best possible outcome.
Depending on the circumstances, compensation may include medical expenses, lost wages, future medical care, rehabilitation costs, pain and suffering, property damage, and other related losses. Every case is unique, and the available compensation depends on the facts of your claim.
California law places deadlines on filing both personal injury and workers’ compensation claims. Missing these deadlines could affect your ability to recover compensation. Contact Scott Blumen as soon as possible after an accident to discuss the time limits that apply to your case.
Yes, in certain situations. While workers’ compensation covers most work-related injuries, you may also have a separate personal injury claim if a negligent third party contributed to your accident, such as a contractor, equipment manufacturer, or another driver. Scott Blumen has experience handling cases involving both types of claims.
Although you are not legally required to hire an attorney, having experienced legal representation can be extremely beneficial if your claim is delayed, denied, your benefits are disputed, or your injury is serious. Scott Blumen is a Certified Legal Specialist in California Workers’ Compensation Law and has over 30 years of experience helping injured workers.
Your health should always come first. Seek medical attention as soon as possible, report the accident if appropriate, gather photos and witness information when possible, and avoid discussing fault with insurance companies before speaking with an attorney. Prompt legal guidance can help protect your rights.
Scott Blumen represents clients in a variety of injury-related matters, including:
- Workers’ compensation claims
- Personal injury cases
- Car accidents
- Construction accidents
- Slip and fall injuries
- Dog bites and animal attacks
- Motorcycle, bicycle, and pedestrian accidents
- Brain injuries
- Wrongful death cases
- Product liability claims
Most personal injury and workers’ compensation cases are handled on a contingency fee basis. This means you generally do not pay attorney fees unless compensation is recovered on your behalf. During your consultation, Scott Blumen can explain how fees apply to your specific case.
The value of a case depends on many factors, including the severity of your injuries, medical expenses, lost income, future treatment needs, and how the injury has affected your daily life. Scott Blumen provides straightforward, honest assessments rather than unrealistic promises so you know what to realistically expect.
If you were injured because of someone else’s negligence or suffered an injury while performing your job, you may have a valid legal claim. Every situation is different, so the best way to determine your options is through a consultation. Call Scott Blumen Law at (619) 439-1837 to discuss your case and receive an honest evaluation.
