California Law Imposes Strict Liability on Dog Owner
Unless the dog bite victim was trespassing, or certain other narrow exceptions, under California law, a dog owner is strictly liable for injuries caused by their biting dog. "Strict liability" means there is no requirement that the dog owner have prior knowledge of the dog's viciousness. Even if it is the first time that the dog has ever behaved aggressively, the dog owner is on the hook for all harm caused.
Top 10 Most Dangerous Dog Breeds
The Centers for Disease Control compiles data about dog attacks in the United States. Based on that data, the CDC has determined that the top 10 most dangerous dog breeds are:
- Pit Bull
- Doberman Pinscher
- Rottweiler
- Chow Chow
- German Shepherd
- Presa Canario
- Husky
- Boxer
- Alaskan Malamute
- Dalmatian
At McGee Lerer Ogrin, the majority of dog bite cases we see involve pit bull attacks. The injuries resulting from a pit bull attack can be horrendous. If the victim has no health insurance, the medical bills can be overwhelming. And if the victim of a dog attack must take time off work, the victim will get further and further in debt. That is why a victim of a dog attack should consult with an experienced personal injury lawyer. Why should you be financially responsible for the harm caused by someone else's animal?
Reluctant to sue if the Dog's Owner is a Relative, Neighbor, or Friend?
The dog owner is a relative, neighbor, or friend in approximately 75% of dog bite cases. The victim may be hesitant to make an injury claim, concerned that doing so will create hard feelings. You should know that in the vast majority of cases, it is the dog owner's homeowner's or renter's insurance company that will pay your claim. You need not worry that the money is coming out of the dog owner's own pocket.
Not sure if the dog owner has homeowner's or renter's insurance? We will find out. Our attorneys will aggressively work to track down insurance for the dog owner. We first ask the dog owner to voluntarily disclose to us if they have insurance, and their carrier's name and policy number. If that doesn't turn up insurance coverage, we use an insurance tracing company (which only lawyers have access to).
If that still doesn't turn up insurance coverage, we can "shake the tree" by filing a lawsuit against the dog owner. We have handled cases where the defendant denied he or she had insurance, probably hoping the injury victim would let it go at that, but once they were hit with a lawsuit, insurance coverage magically appeared.
Most Common Dog Bite Injuries
The most common dog bite wounds involve:
- Puncture wounds that break the skin and can introduce bacteria deep into the tissue
- Facial and lower leg scarring that may require revision procedures over time
- Infection that can lead to fever, swelling, and the need for antibiotics or hospitalization
- Nerve damage that causes numbness, tingling, or weakness in the affected area
- Post-traumatic stress – flashbacks, nightmares, and fear of dogs that interfere with daily life
Dog Bite Victims often need Plastic Surgery or Psychological Counseling
Dog attacks can leave lifelong physical and emotional scars. Plastic surgery for the physical scars may be required, particularly if the scars are on the face. We commonly refer our dog bite clients for a plastic surgery consultation. Even if the victim does not go forward with the proposed cosmetic surgery, a plastic surgeon's report usually significantly increases the claim's value.
Dog bite victims often suffer post-traumatic stress disorder. They experience flashbacks of the attack, suffer nightmares, and can harbor a fear of dogs. Both children and adults may no longer feel their world is safe; they may become more hypervigilant for other trauma. They can experience anxiety, depression, and feelings of helplessness. Psychological counseling can help heal these emotional wounds.
If our dog bite clients do not have health insurance or otherwise cannot afford to pay for a plastic surgery consultation or psychological counseling, we can refer our clients to a medical provider near them who will provide the treatment on a lien basis. A lien means that the provider agrees to wait to be paid until the case resolves. Our Long Beach dog bite lawyers know some of the best doctors in the local community, and can often schedule you for a same-day or next-day medical appointment.
If the Dog Bite Victim's Family Member Witnessed the Attack
If a family member of the dog bite victim witnesses the attack, the family member can also suffer traumatic and long-lasting emotional distress. Under California law, that family member has a right to make their own injury claim called a "bystander claim."
If you have been traumatized by witnessing a dog attack on a family member, you should speak with a personal injury attorney at our firm about making a bystander claim for emotional distress. Call (562) 270-0546 today!
Bystander claims have three requirements:
- the family member is closely related by blood or marriage to the injury victim
- the family member was present at the scene of the dog attack when it occurred and was aware that the victim was being injured
- the family member suffers serious emotional distress as a result of what they witnessed.
Steps To Take After a Long Beach Dog Bite Incident
After a sudden attack, it can be hard to think clearly, but the actions you take in the hours and days that follow can affect both your health and your legal options. If you are able, seek prompt medical attention at a nearby facility such as Long Beach Memorial Medical Center or another urgent care, even if the wounds seem minor at first. Reporting the incident to Long Beach Animal Care Services or local law enforcement helps create a record of what happened and may prevent future attacks involving the same dog or property.
It is also helpful to gather information at the scene, including the dog owner's contact details, the address where the attack occurred, and names and phone numbers of any witnesses. Taking photos of your injuries, the dog, and the surrounding area can provide useful documentation for a future insurance claim. When you are ready to talk about your options, contacting a dog bite attorney in Long Beach can help you understand how California's strict liability rules apply to your situation and what compensation may be available.
How You Can Help Us Help You after a Dog Attack
One of the things that sets our firm apart is how quickly and aggressively we move forward with a case from the moment we are hired. It helps us to do that if our client provides us with as much information as possible about the dog attack at the outset of the case. The sooner we have the information we need, the sooner we can ascertain insurance coverage, open a claim, get you the medical treatment you need, and sometimes even get you an advance on your settlement. Click here to see the information that will help us help you if you have been the victim of a dog bite.
Our Lawyers Demand Full Compensation for Dog Bite Victims in Long Beach, California
At McGee Lerer Ogrin, attorneys Daniel McGee and Catherine Lerer will personally handle your case. We will make sure that you get the medical treatment you need to heal from your wounds. We will demand top compensation for your losses, including compensation for past and future medical bills, past and future lost wages, and pain and suffering. You need the best Long Beach dog bite attorney if you or a family member has been the victim of a dog attack.
Contact a Long Beach dog bite attorney at McGee Lerer Ogrin by calling (562) 270-0546 for aggressive, yet compassionate representation. Let our family help yours. We provide free consultations. If you hire our firm, there is no fee unless we collect money for you.
