DOG BITES ATTORNEY
SAN DIEGO, CALIFORNIA

Dog owners are obliged to defend others from bites and assaults. The state of California has a leash law in which dog owners are required to have a potentially dangerous dog on a leash when outside their home at all times. Leash laws in the city of San Diego dictate that a dog must be on a leash whenever outside its owner’s yard, even if it does not pose an actual risk.

If your dog bites someone because you were careless in keeping it away from others, failed to have it on a leash, or failed to properly secure it within your property boundaries, you may be held liable if the situation involves negligence.

At Gingery Hammer & Schneiderman LLP, our team of seasoned San Diego dog bites attorneys defends both victims and family members of people who have been attacked by dogs. Our first aim is to ensure that our clients receive the medical treatment they require and deserve. Our second objective is to make sure that we follow all applicable laws in an attempt to secure maximum compensation for someone else’s carelessness, recklessness, or negligence.

When to Hire a San Diego Dog Bite Attorney

In San Diego, where outdoor activities and dog ownership are popular, dog bite incidents are not uncommon. According to the Department of Animal Services in San Diego, there are about 6,000 reports of dog attacks each year in the county.

It’s imperative to understand your legal rights and when to seek the help of a qualified dog bite attorney in San Diego, CA. California has strict liability laws that hold dog owners responsible for bites, but getting through the complex legal system and dealing with insurance companies can be difficult without proper legal representation.

In this guide, we’ll discuss how a skilled dog bite attorney in San Diego can help you secure fair compensation for your injuries and losses and what to look for when choosing the right attorney for your case.

Dog Bite Laws in San Diego, CA

California’s legal framework for dealing with dog bites is stringent and designed to protect victims. San Diego, falling under this state legislation, adheres to what is known as a “strict liability” statute. 

Here’s what this means for dog bite cases:

Strict Liability Rules

Under California law, dog owners are almost always liable for any harm their pet causes, regardless of the animal’s past behavior. If a dog bites someone, the owner cannot escape liability by claiming that they were unaware of the dog’s aggressive tendencies.

Exceptions and Considerations

• The strict liability rule applies only if the victim was bitten in a public place or lawfully in a private setting, which includes the dog owner’s property if the victim was there legally.
• Exceptions to this rule include military or police dogs performing their duties and situations where the victim was provoking the dog.

Comparative Negligence

In some dog bite cases in San Diego, the amount of compensation may be reduced if it is determined that the dog bite victim had a role in provoking the dog or was otherwise negligent, contributing to the bite incident.

Statute of Limitations in San Diego

Dog bite victims have a limited window in which to file a lawsuit for a dog bite incident. The statute of limitations for dog bite cases in California is generally two years from the date of the bite. Failing to act within this period typically results in losing the right to sue.

Dog Bite Injury Types That Can Be Prevented

Here are the most common serious injuries inflicted by dog bites, many of which could be mitigated with the right precautions:

Bacterial Infections

Dog bites can introduce bacteria such as Staphylococcus, Streptococcus, and Pasteurella into a wound. Immediate medical treatment, including cleaning and possibly antibiotics, is crucial to prevent infections which, if left untreated, can lead to more severe complications.

Broken Bones and Concussions

Larger or particularly aggressive dogs can knock down victims, leading to broken bones or even concussions. Ensuring dogs are properly trained and restrained can help minimize these incidents.

Death

In extreme cases, dog attacks can be fatal. While rare, these tragic events typically involve larger or more aggressive dogs and vulnerable victims like small children or the elderly. Strict adherence to leash laws and proper fencing can prevent dogs from roaming free and reduce these deadly encounters.

Disfigurement

Attacks to the face and neck can cause lasting disfigurement. Preventive measures include supervising interactions between dogs and people, especially children, and educating on the importance of not startling or invading the space of any dog.

Lacerations and Puncture Wounds

Lacerations and puncture wounds are among the most common injuries from dog bites. They occur when a dog’s teeth penetrate the skin, potentially damaging underlying tissues. Immediate medical attention is necessary to clean these wounds thoroughly and assess for deeper tissue damage.

Loss of Limbs

In severe cases, particularly with powerful dog breeds, bites can lead to catastrophic injuries, such as the loss of limbs. Proper socialization and training of dogs can significantly decrease the likelihood of such severe aggression.

Significant Injuries That Might Include:

• Amputation: Severe bites may damage limbs to an extent where surgical amputation becomes necessary.
• Brain Injuries: If a victim’s head is targeted or if they fall during an attack, traumatic brain injuries can occur.
• Fractures and Massive Head Trauma: These injuries can result from the force exerted by a dog during an attack or a fall caused by one.
• Severe Bruising: Can indicate the force of the bite or attack, potentially leading to deeper internal injuries.

Education on proper behavior around dogs, such as not approaching unknown animals and recognizing signs of distress or aggression, can prevent many of these injuries. Dog owners must ensure their pets are well-trained, socialized, and secure within their environment to reduce the chances of attacks. 

Signs You Need to Hire a San Diego Dog Bite Attorney

Here are some indications that you should consider hiring a San Diego dog bite attorney:

Severe or Multiple Injuries

If the dog bite resulted in serious injuries such as deep lacerations, broken bones or required surgical intervention, legal help can ensure you receive compensation for medical expenses and other losses.

Disputed Liability

If the dog owner or their insurance company denies responsibility or blames you for the incident, an attorney can help prove liability and protect your rights.

Complex Legal Issues

Cases involving minors, multiple parties, or bites occurring on public property can involve complex legal questions. An attorney can navigate these complexities and advocate on your behalf.

Inadequate Insurance Offer

Often, insurance companies may attempt to settle quickly for less than the full value of your claim. An attorney can negotiate with insurers to ensure you get a fair settlement that covers all your expenses and losses.

Long-Term Consequences

If the injuries have long-term effects, such as scarring, disfigurement, or emotional trauma, an attorney can help you secure compensation for future medical treatment and pain and suffering.

How a San Diego Dog Bite Lawyer Can Help

A San Diego dog bite attorney can provide invaluable assistance in various ways:

Expert Legal Guidance: They can explain your rights under California law, help document your injuries, gather evidence, and provide an honest assessment of the potential outcomes of your case.

Negotiation Skills: Experienced attorneys are adept at dealing with insurance companies and can negotiate settlements that fairly compensate for your injuries, lost wages, and pain and suffering.

Court Representation: If your case goes to trial, the dog bite attorney San Diego relies on can represent you in court, presenting your case effectively to ensure the best possible outcome.

Handling Paperwork and Deadlines: Legal processes involve complex paperwork and strict deadlines. An attorney ensures all necessary documents are filed correctly and on time, protecting your interests.

Access to Resources: Attorneys often work with medical professionals, investigators, and expert witnesses who can support your case and help maximize your compensation.

What to Look for in a San Diego Dog Bite Lawyer

Consider these factors when choosing a San Diego dog bite attorney:

Experience with Dog Bite Cases: Look for an attorney who specializes in dog bite cases or has a substantial track record of handling similar personal injury claims.

Local Legal Expertise: An attorney familiar with the local courts and legal environment in San Diego will have a better understanding of how to navigate your case effectively.

Client Testimonials and Success Rates: Reviews from previous clients can provide insight into an attorney’s capability and professionalism. A strong track record of favorable settlements and verdicts also indicates a competent attorney.

Communication and Comfort: Choose an attorney who communicates clearly and makes you feel comfortable discussing sensitive details of your case. You should feel supported and confident in your legal representation.

The Right Time to Contact a Dog Bite Attorney in San Diego

Timing can significantly affect the outcome of your legal case following a dog bite incident. Here are key moments when it’s essential to reach out to a San Diego dog bite attorney:

Immediately After the Dog Bite Incident

As soon as the bite occurs, after seeking the necessary medical attention, consult an attorney. Early legal advice can prevent common pitfalls, such as providing statements that might be used against you by insurance companies.

Before Communicating with Insurance Companies

It’s advisable to contact an attorney before discussing the incident with the dog owner’s insurance company. An attorney can handle communications to ensure that your rights are protected and that you do not settle for less than you deserve.

If Medical Treatment is Ongoing

If you or the victim is undergoing significant medical treatment for injuries related to the bite, it’s wise to contact an attorney. They can help document the injuries and associated costs accurately for future claims.

Before the Statute of Limitations Expires

California law requires that a lawsuit for personal injuries, including dog bites, be filed within two years from the date of the injury. Consulting an attorney well before this deadline ensures that your legal rights are upheld.

EXCEPTIONAL SAN DIEGO DOG BITE LAWYERS

If we believe you have a genuine case, we can submit a premises liability claim on your behalf for personal injury or death damages. Victims or family members of victims may be reimbursed for expenses such as income loss, medical costs, future medical care, mental anguish, pain and suffering, loss of companionship, loss of benefits, inheritance replacement, and funeral costs when a claim is filed.

The personal injury law firm of Gingery Hammer & Schneiderman LLP is located in San Diego, California. For expert legal assistance, advice, tools, and support, please call our office as soon as possible. We are very acquainted with the laws of California, San Diego, and San Diego leash requirements. As skilled dog bite attorneys in San Diego, we represent people who have been injured by a dog bite or any other type of animal attack.

Get Your Free Case Evaluation Now

Understanding when and why to hire a San Diego dog bite attorney can empower you to navigate the process confidently and ensure you receive the justice and compensation you deserve. With the right legal support, you can focus on recovery and rehabilitation, knowing that your case is in capable hands.

If you or a loved one has been affected by a dog bite in San Diego, don’t wait to seek the help you need. Contact a San Diego dog bite attorney from Gingery Hammer & Schneiderman LLP today to discuss your case and explore your legal options.