Newport Beach Dog Bite Lawyers
Do you need help finding the best Newport Beach dog attack attorney? Do you have questions related to dog attacks in California?
Smith Trial Group is a personal injury law firm that fights to protect the rights of people—the families, neighbors, friends, and co-workers in our communities—who have been injured in accidents due to someone else’s negligence, including dog bite attacks in Newport Beach, California.
In this post, we will be answering questions related to dog bite attacks in California including:
Is California a Strict Liability or a 1 Bite Free Pass State?
When would a dog owner not be liable in a dog bite case?
What Counts as a Dog Bite in California?
Should a lawsuit be filed for a minor dog injury?
How do you prove Liability in a Dog Attack Case?
How Long Do I have to File an Animal Lawsuit Lawsuit?
After a Dog Attack, what happens to the Dog?
Questions & Answers about Dog Law in California
Orange County dog attack attorney Cardon Smith has been helping canine bite victims for the past 10 years in the Newport Beach area.
He has the experience to help you with your canine attack case and the answers to any questions you might have related to dog or canine attacks.
Is California a “One Bite” free pass State?
Some states give most breeds of dogs a “one bite” free pass if the owner is not aware of the dog’s aggressive behavior.
This is not the case in California.
California is a Strict Liability dog bite state which means the owner is responsible for all damages caused by the dog whether they knew the dog was dangerous or not.
Of the 4.5 million people injured each year across the country, California is #1 in the number of dog bites per state at about 14% of all dog bites in the US. Because it happens so often in California it is beneficial to know as much information as possible about the law so we know how best to respond if it happens to us.
When Are Dog Owners Not Liable?
In California, dog owners are protected from being sued in a couple of circumstances.
- If the dog is military or police and was being used according to the agency’s written policy
- The dog was provoked
- It was protecting the owner or another individual according to California’s self-defense laws
- The victim was trespassing on private property
What Counts as a Dog Bite in California?
There are many methods to categorize a dog bite but a well known scale that is often used to explain the different levels of dog bites is Dr. Ian Dunbar’s Dog Bite Injury Scale.
Level 1. Obnoxious or aggressive behavior but no skin contact by teeth.
Level 2. Skin contact by teeth but no skin puncture. However, skin nicks (less than one tenth of an inch deep) and slight bleeding caused by forward or lateral movement of teeth against the skin, but no vertical punctures.
Level 3. One to four punctures from a single bite with no puncture deeper than half the length of the dog’s canine teeth. Maybe lacerations in a single direction, caused by the victim pulling a hand away, the owner pulling the dog away, or gravity (the little dog jumps, bites, and drops to the floor).
Level 4. One to four punctures from a single bite with at least one puncture deeper than half the length of the dog’s canine teeth. May also have deep bruising around the wound (dog held on for N seconds and bore down) or lacerations in both directions (dog held on and shook its head from side to side).
Level 5. A multiple-bite incident with at least two Level 4 bites or multiple-attack incident with at least one Level 4 bite in each.
Level 6. Victim Dies from wounds or infections from a dog bite.
If the Dog Bite is Minor, Should a Lawsuit still be filed?
If you have been attacked by a dog, you want to make sure you are ok and without injuries. Even if the dog bite is minor but still results in a trip to the emergency room, the victim should not be responsible for any fees resulting from the bite.
Filing a lawsuit for a dog bite injury is a great way to recover any damages you have suffered because of the dog attack. Contact the firm’s canine attack lawyers today if you have any questions.
How Do You Prove Liability on a Dog Bite Case?
Have you been bitten by a dog? If you are the victim of a dog or animal attack, you would still need to be able to prove liability. A good animal attack lawyer can help you figure out exactly what needs to be done.
- Prove the negligent party owns the dog
- The incident occurred in a public setting or when the injured was on private property legally.
- The injury was sustained because of the canine bite
- The dog was the significant reason for that injury
How long do I have to Sue after a Dog Bite?
According to the California Dog Bite Statute of Limitations, you have only 2 YEARS.
The statute of limitations in California for most personal injury claims is two years. The deadline for filing a lawsuit in a dog bite claim would be two years from the day the bite occurred.
If you have suffered dog injuries you should contact an animal attack law firm with any questions and see if you have a canine bite case.
After a California Dog Attack, What Happens to the Dog?
California Law requires that an animal be quarantined for 10 days. This is to ensure the dog does not have rabies.
Usually, the animal is allowed to be quarantined within the owner’s home. Otherwise, they can be quarantined at the county animal care center.
If the dog remains healthy and shows no signs of rabies after the quarantine then it can be released back into the owner’s care.
The owners may be fined from $100 to $1000 or up to one year in jail if they do not follow the quarantine guidelines.
What Are the Type of Dog Bite Injuries?
Animal bite victims can suffer many different injuries after being attacked by a dog.
A dog bite injury can be more serious than you think sometimes and why its a good idea to contact a dog bite attorney to discuss your options.
Sometimes after a dog attack, doggy bite victims will experience more long-term effects such as anxiety attacks and PTSD.
Our law firms dog bite injury lawyers provide personal injury legal services to clients in California, including in Newport Beach, Manhattan Beach, and other Orange Country locations.
Help Filing Dog Bite injury claims
The California personal injury law firm of Smith Trial Group has dog bite attorneys who will help file dog biter cases against a dog owner or their insurance companies.
Dog bite claims in California are pretty common since its the #1 state in the United States when it comes to dog attacks.
Our dog bite attorneys at the law firm are familiar with the dog bite laws in California and can help you with any questions you might have related to filing a dog bite claim against the owner of the dog who bit you.
Contact California Dog Bite Lawsuit Attorneys
The Smith Trial Group is a local Orange County Personal injury law firm that focuses on dog bite law in California.
If your dog bites you or attacks you, we will discuss your case in detail. If you are a dog bite victim, you need a Newport Beach dog bite attorney.
If you are the dog owner, you may have questions and we would be happy to answer them for you. Our dog bite injury lawyers offer a free consultation.
Contact the firms personal injury lawyers today for a free consultation and we can answer any questions you might have.
If you have suffered from a dog bite attack, you need the services of a top personal injury lawyer who also handles dog lawsuits. Call us today or fill out the free consultation form.