Dog Bites
California has a strict liability approach to dog bites.
If a dog bites or attacks someone, the owner of the dos is respnsible for the injuries that result. This is true even if the owner did not have reason to know the dog would attack. Other states have a “one bite rule.”
This rule provides that the owner is not at fault for the first bite or attack. The basis of the rule is the idea that until the dog attacks, the owner does not know it is likely to do so. Therefore, there is no liability. Thankfully, California has rejected this approach.
Getting Compensated For Personal Injury
If you are attacked by a dog, the owner is responsible for your injuries and damages. This includes all medical bill, loss of earnings, permanent disability, scarring, pain and suffering and all other incidental expenses you sustained.
Most dog bite cases are paid for by the dog owner’s homeowner insurance policy. If the dog owner does not own a home, it can be difficult to collect on a dog bite case. As the sayng goes, you cannot squeeze blood out of a turnip.
A more difficult hurdle is that the insurance industry has excluded form coverage bites and attacks from the most dangerous and most likely to attack breeds. This includes pit bulls, dobermans, rotweilers, German sheppards and many other breeds. If you are attacked by one of these dogs, the owner’s insurance will likely deny the claim for injury on the grounds that the insurance policy excludes coverage for the attack.
If you have been attacked by a dog and can identify the owner, please contact our office and we can assist you in determining whether there will be coverage for your injuries. If we agree to accept your case, we will meke every effort to obtain you all the compensation the law allows.
As always, our consultations are FREE.
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Product Liability, Industrial Accidents, Construction Site Accidents, Auto Accidents, Wrongful Death, Bicycle Injuries, Motorcycle Accidents, Dog Bites, Carlsbad, Leucadia, Encinitas, Solana Beach, Oceanside