Dog Bite Lawyers, San Diego, Encinitas, Oceanside, Carlsbad, Escondido, Del Mar
Despite the fact that dogs may be man's best friend, they cause countless serious and even fatal injuries every year. There are some 83 million dogs in the United States, and over 50 percent of all American households have at least one dog. Still, approximately 885,000 people require medical treatment for dog bite injuries each year. Many of these people have to go to the emergency room for their injuries, and around 27,000 require plastic and reconstructive surgery. It is also important to note that a staggering number of dog-bite victims are children – dog bites are also the 5th most common type of injury sustained by children.
Dog bite injuries include rabies, fractures, head injuries, deep lacerations, post-traumatic stress disorder, and death in some cases. Bite-related injuries are often more severe in children because they are typically at eye-level with dogs' mounts. It is for that reason that prevention measures should always be taken by dog owners and families with children.
How does California Law Address Dog Bite Liability?
California uses the "leash law" as a means to impose liability in dog bite cases. In the majority of cases is not necessary to illustrate that the dog in question has a history of aggressive behavior. That being said, there are defenses against dog bite liability in cases involving trespassing, provocation of the dog, or assuming the risk of a dog bite.
The owner of the dog in question is liable in the event that the dog is off the leash. If the dog owner is a tenant, the owner of the rental unit may not be found negligent unless he or she knew the tenant had a vicious dog. Given the fact that homeowners usually carry homeowners insurance and tenants often have rental insurance, these cases are typically covered under such insurance policies.
Frequently, the dog bite victim is a delivery person or a mail carrier. These victims may have the right to pursue both a Worker's Compensation claim and a third-party negligence claim against the owner of the dog.
As is the case with any other negligence claim, the victim may claim damagrs for medical bills, wage loss, disfigurement, and pain and suffering.
Please Call the Law Offices of William C. Bibb Immediately
A dog bite should always be reported to the County Medical Department in the event that it is necessary to quarantine for rabies. It is also important to be seen by a doctor immediately following a dog bite in order to be checked for tetanus and any other possible infections. Another step that should be taken immediately following any dog bite incident is an investigation of neighbors, in order to identify the owner of the dog and establish liability.