For thousands of years, humans have raised dogs for companionship, security, and work. While the majority of dogs are lovable family members, the fact remains that they are still powerful animals capable of causing harm. Even less severe attacks can result in painful injuries, from lacerations to broken bones to infections. These injuries can lead to steep medical bills, emotional trauma, and physical pain and disfigurement.
In California, dog owners may owe you compensation for the harm their animal causes you. A trusted personal injury attorney can help you evaluate your situation to see which costs you could recuperate and what your legal options are. With the knowledge and experience of an Oakland dog bite lawyer, you could improve the outcome of your claim and ensure you have the best possible chance of recovering maximum compensation.
California Dog Bite Laws
Alameda County mandates that all dogs remain under their owner’s control, whether kept on a leash or confined on their own property, per ordinance 7 § 3.8. However, it is not necessary to prove negligence or ordinance violation to successfully sue for dog bite damages.
Unlike states that follow a “one bite rule,” a California dog owner may be held responsible for the injuries caused by their pet even if it is the first time the dog has ever bitten someone. Under California Civil Code § 3342, it does not matter if the owner knew, or should have known, that their dog had any aggressive behaviors; they can still be liable for dog bite injuries that occur in public spaces or on private land that the injured person is on lawfully. As such, trespassers to private land may be barred from recovering compensation if the attack happened during the trespass.
In Ca. Civ. Code § 3341, the law applies the same principles to injuries a dog inflicts on a person’s livestock, provided that the livestock was on their owner’s land at the time of the attack. Our Oakland attorneys have experience with dog bite cases and can help injured people better understand their rights and the remedies available to them.
Damages and Limitations in Dog Bite Lawsuits
California does not place a general cap on economic or noneconomic damages for dog bite cases. Economic damages include actual costs associated with the injury, such as medical bills, physical therapy treatments, and lost wages. Noneconomic damages compensate for the harm caused by conditions like mental anguish, disfigurement, or pain and suffering.
Under Ca. Code Civ. Proc. 3 § 335.1, a person injured by a dog bite has two years from the date of the injury to file a personal injury lawsuit. Failure to do so could lead to a case dismissal before the claim is presented in court. Dog bite lawyers can help injured persons adhere to the strict procedural requirements of the Oakland court system so the case is not delayed or blocked by logistical errors.
Get Help From an Oakland Dog Bite Attorney
Whether from improper training, trauma, or genetic physical or mental health issues, some dogs may lash out or play too aggressively with a person they incorrectly perceive as a threat. The result of such dog bites can be painful and expensive to treat and the burden should not be yours to bear alone. An Oakland dog bite lawyer from our firm will work with you to build your case and advocate for you in and out of court so that you can get the compensation you need for your recovery. Contact us today for a free consultation and to begin reviewing your legal options.
