Dog Bite Attorney
Dog Bite Lawyer Santa Rosa
According to the Centers for Disease Control and Prevention, there are approximately 4.5 million dog bites that occur every single year in the United States. Of these bites, it is estimated that one out of every five bites become infected. This can lead to serious health consequences for the bitten individual.
If you have been attacked by a dog and bitten or otherwise injured as a result of the attack, call dog bite attorney Johann Hall. Johann Hall can help you pursue compensation for your dog bite case in the Santa Rosa, CA area.
Who is the Most at Risk for Dog Bites?
Children, notably those aged five to nine, are the most at-risk for dog bites. Men are also at higher risk than women. Adults with two or more dogs in their house are five times more likely to be bitten by dogs than adults without any dogs in their home are.
Who is Liable for a Dog Bite?
If you have been attacked and bitten by a dog, you may be wondering if anyone else is liable for your injuries. You probably already know that you cannot actually sue the dog itself for harming you, but you may be able to bring a case against the owner of the dog.
California’s Dog Bite Statute
California Civil Code Section 3342 states that an owner of a dog is liable for damages if the individual’s damages were caused by a bite by the dog and the person was either bitten in a public place or was bitten while lawfully in a private place.
The state of California has “strict liability” for dog bites. Strict liability in this sense means that the owner is responsible for all damages as a result of the dog bite, even if that dog had never bitten anyone before and the dog owner had no idea the dog could act aggressively. Under California’s statute, there is an exception for people who are bitten by dogs while the dog is in the process of carrying out police or military work.
It is important to note that according to the statute, the person must suffer damages directly as a result of a bite by the dog. This means that a dog owner is not strictly liable in the event that you were knocked over by the dog and suffered injuries as a result of the fall. Since you were not actually bitten, the strict liability dog bite statute does not apply. However, in this situation, you could bring a claim for regular negligence against the dog owner. You would then have to prove the elements of negligence in order to prevail in that case.
California’s Dog Bite Statute of Limitations
Under California law, you have up to two years to file your dog bite case, which is considered a personal injury case. There are exceptions to this general rule for the statute of limitations in California, so it is important to talk with an attorney to go over the specific facts of your case to make sure that your case is filed in time. The court can bar your case from going forward if it was not filed in the proper time frame.
Dog Bite Liability Defenses
While California is a strict liability state for dog bites, the dog owner can defend against your claim if you had been trespassing at the time of the dog attack. Trespassing is a defense because the California dog bite statute requires that the injured party be either bitten in a public place or bitten while lawfully in a private place. If you were bitten by a dog while unlawfully present in a private place, then you would not meet the requirement of the statute.
If you have been bitten by a dog, contact dog bite attorney Johann Hall today for a consultation. As an attorney with experience handling dog bite cases, he can help you fight for compensation for your injuries.