Anyone can end up with severe wounds and long-lasting psychological trauma after being bitten by a dog. This is why Claremont has strict laws in place to hold negligent dog owners liable for injuries and other damages their pets may cause. Nonetheless, dog bite injuries are high in Claremont and other cities across California. According to a 2019 report by the Insurance Information Institute (III), California has seen more claims involving dog bites than any other state.
If you or your loved one had injuries after a dog bit you, consider exploring your legal options with the assistance of a Claremont dog bite lawyer. You may be entitled to financial compensation from the negligent dog owner. Reach out to Pintas & Mullin Law Firm today at (800) 816-0755 to learn more about your free case evaluation.
Liability of Claremont Dog Owners
In almost all situations, dog owners in Claremont are strictly liable when their dogs bite someone. However, this only applies when the injured person was lawfully on private or public property. Unless uninvited individuals had legal cause to be on someone else’s premises, they generally cannot make a legitimate claim since they did not have permission to be there in the first place.
California’s Dog Bite Statute
Based on the California Civil Code (CIV) §3342, the owner of a dog who attacks or bites an individual is strictly liable for injuries and damages that may arise. Liability is not limited to the owner. Anyone caring for the dog during the attack can also be responsible for damages. It does not matter whether the dog is considered a dangerous breed, the owner knew about the dog’s dangerous tendencies, or the dog has bitten someone in the past. For this reason, victims do not need to establish negligence nor show that the owner should have taken steps to prevent the attack or should have known about the dog was about to attack.
If you are filing a dog bite claim, the only things you need to prove are that the defendant is the owner of the dog that bit and injured you, and you were not a trespasser on the property where the bite occurred. However, you likely will not be able to recover damages in the given situations:
- You provoked the dog
- The animal was a police or military canine acting under the policies of the concerned agency
- The dog attacked to protect its owner or another person following the state’s laws on self-defense
Even if you think you have a straightforward claim, complications may arise. It is best to consult with a Claremont dog bite lawyer to understand the law and how it could impact your case.
For a free legal consultation with a Dog Bite Lawyer serving Claremont, call (800) 794-0444
Dog Attacks Are Not Treated the Same as Dog Bites Under the Law
It is crucial to note that strict liability law is relevant only when a dog bite takes place. For instance, this law would not apply if your injuries resulted from a dog jumping on you and making you fall. Nevertheless, it may still be possible to seek compensation under a different kind of claim if you can demonstrate that the owner has been negligent.
Claremont Dog Bite Lawyer Near Me (800) 794-0444
What to Expect from a Dog Bite Litigation Process
Before taking any other action, report the canine bite to your local county health officer because you are legally required to do so. For the most part, the county wants to make certain that the dog is not a rabies carrier.
It is also prudent to file a police report since it could be used as critical evidence when suing the dog owner or filing an insurance claim over the incident. Despite the state’s dog bite statute, insurance companies may still try to deny your claim. As such, it would be wise to contact the police even if the owner assures you that they will cover your medical bills. You might have a harder time bringing a case if the owner does not keep their word, and there is no official record of the animal attack.
If you retain a Claremont dog bite lawyer, you can discuss the details of your case during the initial consultation and find out if you have a viable claim. If so, your lawyer might use medical records and other related documents to show the extent of your injury and justify your request for compensation.
Insurance companies are always looking to limit their payouts and might offer you a lower settlement than what you are entitled to receive. Your legal representative will negotiate on your behalf and see to it that you obtain the compensation you are due. If the insurance company refuses to reimburse you fairly, you can choose to move forward with a lawsuit, and your lawyer will not hesitate to advocate for you.
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We Are Committed to Protecting Your Legal Rights
Soon after a dog bite, the medical costs and other expenses that follow may prove to be overwhelming. Pintas & Mullin Law Firm will take the stress and worry of building a case away from you to focus on getting better. A Claremont dog bite lawyer will begin to gather important evidence without delay so you can focus on your recovery. Get in touch with us today at (800) 816-0755 to set up your free consultation.