This year, many people have been visiting the emergency room and being hospitalized due to dog bite injuries. Indeed, California is facing a very serious concern given the spike in dog bite and/or dog attack incidents.
Regardless of the reason for the recent increase in dog bite incidents, it is important to know what to do if you are attacked or bitten by a dog. Here are some important things to keep in mind. If you are bitten, you may very well be able to recover personal injury damages in a civil lawsuit under both strict liability and negligence.
As an initial matter, generally speaking, and with certain limited exceptions, a dog owner of a dog that bites someone is strictly liable for all injuries the dog causes. Simply put, this means that if you are a bitten by a dog, the dog owner will be liable regardless the breed of dog, what the owner did and/or did not know about the dog and its viciousness or its tendencies based on the dog’s prior behavior, and regardless of whether the dog bite occurs in a public place or when you are lawfully in a private place, including the property of the owner of the dog. (California Civil Code 3342(a)).
Often dog bites can result in gashes, wounds, disfigurement, and may require stitches, surgery, or multiple surgeries. Getting bitten or attacked by a dog can also be extremely scary and frightening and may cause trauma.
Depending on the bite and the severity of injuries, the recoverable damages may include various special damages, which are costs, expenses and economic damages incurred and that will be suffered for past and future medical treatment, and past and future loss of earnings due to time missed from work, as well as any other economic damages. Additionally, if you suffer from a dog bite or attack incident, recoverable damages also include general damages for past and future physical pain, mental suffering, disfigurement, physical impairment, inconvenience, anxiety, emotional distress and potentially other damages as applicable. This includes any temporary or permanent scarring from a dog bite incident.
There also may be a claim for Negligent Infliction of Emotional Distress (NIED). Depending on the situation, an NIED claim may exist if a dog attack occurs even when there is no physical injury and the only harm resulting is serious emotional distress. An NIED claim may also exist for someone if they are a direct victim or as a bystander. Importantly, serious emotional distress exists if an ordinary, reasonable person would be unable to cope with it. (See CACI 1620, 1621)
It is always important that if you are bit, you get medical treatment right away to avoid and/or limit infection, rabies, or other serious complications that may result. It is also important to do your very best to document anything you can as close in time to the incident as possible. This includes photographing injuries as soon as possible. This also includes keeping track of all medical providers you see (emergency room, urgent care, medical doctors of any kind, surgeon, plastic surgeon, etc.) so the records and bills can be obtained and provided to the dog owner’s insurance company. It is also important to get a copy of a photograph of the dog owner’s insurance policy, or at a minimum, be sure to get the name and address and all available contact information of the dog owner and the home insurance carrier so a claim can be made.
We strongly urge you to contact us at Dolan Law Firm in the unfortunate circumstance that you or a loved one is bitten by a dog to ensure you are fully compensated for your injuries and damages.
