Orange County Dog Bite Attorney
Skilled Dog Bite Attorneys In Orange County, California
An individual who harbors or has control over an animal may be held responsible for personal injury or property damage caused by that animal, with assistance from an Orange County dog bite attorney. A “keeper” of an animal is someone who “harbors, protects, or shelters” the animal, and this responsibility isn’t limited to the actual “owner.” Even if the animal is partially under someone else’s care, an owner who maintains some degree of control can still be liable. Generally, an animal’s owner is liable for any injury or property damage caused by the animal due to negligence. Negligence involves failing to exercise reasonable care in managing or controlling the animal to prevent incidents such as dog bites. An experienced Orange County dog bite attorney can provide crucial legal guidance and representation to ensure that the injured party receives fair compensation for their injuries and damages.
When Can a Dog Owner Be Held Liable?
Under California law, a dog owner is liable for any damages suffered by someone who is bitten while in a public place or lawfully on private property, including the dog owner’s premises. The law does not require that the dog has a history of aggression or that the owner was aware of any potential danger. In California, dog owners are held to a strict liability standard to protect victims of dog bites or attacks.
The specific circumstances of an animal-related injury are crucial. If the animal was provoked or the injured person was trespassing, the liability rules may differ. Special considerations often apply if the injured person is a child. If you have been a victim of a dog bite or attack, it is important to contact an attorney immediately for legal assistance.
California Dog Bite Law
The California dog bite statute imposes “strict liability” on the owners of dangerous animals for bites and attacks. Under strict liability, an owner is responsible for damages even if they exercised ordinary care and were not negligent in managing or controlling the animal. The owner’s liability is considered absolute, focusing not on how the animal was kept, but on the fact that it was kept despite its dangerous tendencies. If a plaintiff can demonstrate the animal’s dangerous nature and that the owner was aware of it, they do not need to prove negligence in failing to restrain or confine the animal. The owner’s knowledge can be “constructive,” meaning they could be liable if they could have discovered the animal’s dangerous nature through reasonable inquiry. Furthermore, an owner may also be held liable if their employees, agents, partners, or family members were aware of the animal’s dangerous propensities.
What Are The Most Common Dog Bite Injuries?
Victims of dog bites usually experience common areas that stay the same from person to person. The most common injuries related to dog bites and dog attacks include:
- Puncture wounds
- Broken bones
- Eye injuries
- Scars
- Head and Neck injuries
- Nerve damage
- Emotional effects
- Rabies
- Face injuries
What About Other Injuries Caused By A Dog Attack?
The California strict liability dog bite statute specifically applies to injuries resulting from a dog biting a person. However, a person doesn’t need to be bitten to suffer an injury caused by a dog. Some dogs are large and powerful enough to knock someone over, leading to serious injuries. These can include broken or dislocated bones, traumatic brain injuries, spinal cord injuries, and other severe conditions.
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In cases where a person is injured by a dog without being bitten, the strict liability statute does not apply. To recover compensation for non-bite injuries, the victim usually must prove that the dog owner was negligent. This could involve demonstrating that the owner failed to properly secure the dog on their property, did not leash the dog appropriately, or was aware of the dog’s potential danger but did not take necessary precautions.
What Are The Dog Breeds That Are Most Likely To Bite Humans?
While it’s important to know that any dog can bite, it’s also important to know which breeds are considered aggressive, hostile, and reactive. Unfortunately, certain breeds are more often trained to be aggressive or protective. Based on data for dog attacks in Canada and the U.S. between 1982 and 2014, here are the dogs that are most likely to bite humans:
- Pit bulls
- Pitbull mixes
- Rottweilers
- German shepherds
- German shepherd mixes
- Bullmastiffs
- Wolf hybrids
- Akitas
- Huskies
- Chows
- Boxers
- Dobermans
Scarring And Disfigurement Caused By An Orange County Dog Bite
In addition to the traumatic injuries already mentioned, dog bites can result in significant scarring or disfigurement for victims. These injuries often affect the hands, arms, and face, potentially leading to permanent deformities.
Scarring and disfigurement from a dog bite can cause substantial emotional and psychological trauma. The victim not only endures the immediate distress of the attack but also faces ongoing reminders of the incident. This type of injury can severely impact the victim’s quality of life.
Who Is Not Eligible to Sue for Dog Bite Injury Compensation in Orange County?
Generally, the following individuals may be unable to recover compensation for dog bite injuries in Orange County:
- People who were trespassing on private property
- Individuals who provoked the dog
- Those bitten by a dog acting in self-defense to protect its owner or another person under California’s self-defense laws
- Individuals bitten by a military or police dog while the dog was performing duties according to the agency’s written policies
What Kind Of Compensation Is Available For An Orange County Dog Bite?
If you or somebody you care about has been bitten and injured by a dog, there may be various types of compensation available for your losses. It is not uncommon for dog bite victims to recover the following compensatory damages:
- Coverage of all medical bills related to the dog bite
- Recovery of lost wages and benefits if a victim cannot work
- Lost earning capacity if the injury prevents the victim from returning to the same type of employment
- Scarring and disfigurement damages
- Compensation for physical or vocational therapy
- Coverage of psychological counseling
- Pain And Suffering Damages
- Loss of personal enjoyment damages
- Possible punitive damages and instances of gross negligence or intentional actions
The total amount of compensation available in an Orange County dog bite case will vary depending on the circumstances related to each particular situation.
What Is The Time Limit To File A Dog Bite Claim?
In California, the statute of limitations for filing a lawsuit after a dog bite injury is two years. This means that victims have a two-year period from the date of the injury to initiate legal action against the responsible party to seek compensation for their losses.
Contact An Orange County Dog Bite Attorney
Aitken * Aitken * Cohn has successfully represented numerous victims of dog bites and dog attacks in Orange County, California, and Nationwide. The law firm has the compassion, resources, and experience to consult the unfortunate victims of dog bites. For a free consultation from a nationally recognized Orange County dog bite attorney, please contact us or fill out the contact form and a specialist will be in touch shortly.