Dog bites happen a lot and they happen often. In Mission Valley we have seen a spike in these types of cases recently. With all of the parks and dog parks opening in Mission Valley, this means that some people are not being a responsible pet owner and have been walking around with their dog off a leash. Sometimes this results in a dog bite to another person. The most important thing to know in a dog bite case in California is that there is “strict liability” for dog bite offenses. Most people, including lawyers, do not know this fact. What that means is that owners will be held responsible and it does not matter if the dog has been violent in the past.
How to Recover in a Dog Bite case in Mission Valley
California Civil Code 3342 defines strict liability in dog bite cases and it basically says, whether you are in a public or private place, if your dog bites someone, you are responsible. Now we have all heard the saying “one bite free”, however that is not the case in the State of California. In some other states it needs to be proven that your dog is violent or has a propensity for violence, that you knew about it, and that it bit someone. In California that is not the case. All that needs to be shown is that the dog bit someone and that they had injuries from the event.
Even with the strict liability, their can also be liability proved by negligence. If for some reason the dog owner knew that their dog was violent or had been violent in the past then the victim has a much stronger claim against the dog owner and can file a lawsuit against them with multiple avenues of liability.
Who pays for your Recovery in a Dog Bite Case?
To be completely honest, the best and strongest type of dog bite case is one that happens in the home of another person. The reason for this is because a home is insured with home owner’s insurance, and if an injury happens in that home, then the home owner’s insurance company is likely to be the responsible party.
If the dog bite happens at a dog park or it happens just in the general public, it may be very hard to collect on your case. This is because with no insurance company involved, it will be quite difficult to collect from the individual dog owner.
What to do if bitten by a Dog in Mission Valley?
If you are in a situation where you are bitten by a dog, the first thing to do is simple. Go to the doctor or go to the hospital. Do not ever refuse treatment because you don’t think the wound looks that bad or you do not think that it is a big deal. You never knew what happens internally with a wound and what your medical bills could be in the future unless you go to the doctor.
Make sure you get and keep whatever paperwork you receive from your initial visit. The next thing to do is to call a personal injury lawyer and discuss your options. There is a lot they can do for you in regards to your case. At Mission Valley Personal Injury Lawyers, these types of cases have become an every day experience. We talk to clients about these all the time, advise them, and get them the result they deserve in their case.
If you have a dog bite case or have been injured by an animal, feel free to give us a call for a free consultation.