Have you or someone you know been bitten by a dog?
Are the injuries severe enough to affect you long-term? Do you need a Huntington Beach Dog Bite Lawyer to help with your case? You may be entitled to compensation that covers any medical bills and other related damages.
Our lawyers at Smith Trial Group are experienced dog bite lawyers who can give you free legal advice on your dog bite case. We have over 40 years of experience dealing with dog bites. We can help you obtain the compensation you deserve. Contact us for a free case evaluation or call anytime at 855-202-2232.
Proving Liability on a Dog Bite Case
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Prove the negligent party owns the dog
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The incident occurred in a public setting or when the injured was on private property legally.
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The injury was sustained because of the dog bite
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The dog bite was the significant reason for that injury
Dog Bites: Strict Liability in California
Some states give most breeds of dogs a “one bite” free pass if the owner is not aware of the dog’s aggressive behavior, this is not the case in California.
California is a Strict Liability dog bite state which means the owner is responsible for all damages caused by the dog whether they knew the dog was dangerous or not.
Of the 4.5 million people injured each year across the country, California is #1 in the number of dog bites per state at about 14% of all dog bites in the US. Because it happens so often in California it is beneficial to know as much information as possible about the law so we know how best to respond if it happens to us.
The California dog bite statute listed here, California Civil Code section 3342 states that the owner of any dog is liable for all damages if:
- A dog bite caused the damages
- The person was in a public place, or legally on private property
This civil code 3342 would not apply if a person was injured from the actions of a dog that did not include a bite. For example, if a dog jumped onto you and scratched or pushed you causing an injury it would only fall under negligence of the owner and would not be included in statute 3342.
What Counts as a Dog Bite?
There are many methods to categorize a dog bite but a well-known scale that is often used to explain the different levels of dog bites is
Dr. Ian Dunbar’s Dog Bite Scale
Level 1. Obnoxious or aggressive behavior but no skin contact by teeth.
Level 2. Skin contact by teeth but no skin puncture. However, maybe skin nicks (less than one-tenth of an inch deep) and slight bleeding caused by forward or lateral movement of teeth against the skin, but no vertical punctures.
Level 3. One to four punctures from a single bite with no puncture deeper than half the length of the dog’s canine teeth. Maybe lacerations in a single direction, caused by the victim pulling the hand away, the owner pulling the dog away, or gravity (little dog jumps, bites, and drops to floor).
Level 4. One to four punctures from a single bite with at least one puncture deeper than half the length of the dog’s canine teeth. May also have deep bruising around the wound (dog held on for N seconds and bore down) or lacerations in both directions (dog held on and shook its head from side to side).
Level 5. A multiple-bite incident with at least two Level 4 bites or multiple-attack incident with at least one Level 4 bite in each.
Level 6. Victim Dies from wounds or infections from a dog bite.
Even if the dog bite is minor but still results in a trip to the emergency room, the victim should not be responsible for any fees resulting from the bite. Filing a lawsuit for a dog bite is a great way to recover any damages you have suffered because of the attack.
Cardon Smith
Founding Attorney
Cardon Smith graduated from Georgetown University Law Center where he was a member of the nationally-ranked mock trial team. After Georgetown, Mr. Smith clerked for a federal district court judge and then litigated high-stakes business disputes for Fortune 500 companies at a law firm in Newport Beach, California.
Jennifer Smith
Attorney
Jennifer Smith has been a lawyer for over thirty years. During her extensive legal career, and prior to her personal injury practice, she worked as a prosecutor and a criminal defense attorney. Mrs. Smith is an award-winning personal injury lawyer and has obtained numerous seven and eight-figure verdicts and settlements for her personal injury clients, including a record-setting verdict in California.
Dog Bite Testimonial
I’ve worked in the legal industry for over thirty years. I recommend Smith Trial Group to anyone seeking legal help. Mr. Smith obtained a result that was better than I ever imagined.
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