Dog bite injuries are becoming more common. Statistics show that they result in about 125 emergency room visits per 100,000 residents in California. In Orange County, particularly Anaheim, bite injuries are a serious concern. It is no surprise, given the many dog-friendly locations here. Examples include the La Palma Dog Park, Olive Hills Dog Park, and Maxwell Dog Park, as well as an increasing number of businesses such as restaurants and pubs that allow dogs on their premises.
When human–canine interactions go well, they are enjoyable, but when a bite occurs the resulting injuries and trauma can be devastating. If you are the victim of a dog bite injury in Anaheim, you are suddenly confronted with the complexity of California’s dog bite laws. The friendly team at the MKP Law Group understands the pain and confusion. You do not have to go it alone. Our commitment is simple: we protect your rights, and you pay nothing unless we win your case.
What Should You Do if You or a Loved One Gets Bitten by a Dog?
Put distance between yourself and the dog. Call for medical assistance immediately. Even if the bite or scratch looks minor, let a doctor assess your risk of infection. You may need a tetanus shot; in more serious situations, rabies treatment may be advisable.
Once you are safe and treated, call Orange County Animal Care at (714) 796-6421 to report the bite or scratch. The County will determine whether to quarantine the dog.
- If possible, get the name and contact information of the dog’s owner.
- Take photos of the injury, the dog, and the location.
- While the facts are fresh, document the time, location, and circumstances that led to the attack.
- If witnesses were present, get their contact information.
- Keep all medical records for treatment related to the bite.
It may be possible that the dog bite will have an emotional impact on you or your loved one. Part of your medical treatment may require attention to deal with the emotional trauma you suffered.
Should You File a Claim Through the Pet Owner’s Insurance or File a Personal Injury Claim?
The dog’s owner may have homeowners or renters insurance. There may also be landlord liability insurance or an umbrella policy. An insurance adjuster will likely contact you to negotiate a settlement. This approach only works if the injury is moderate, the policy exists, the insurer accepts fault, and the settlement offer is fair. Unfortunately, insurers often dispute claims or make low offers.
Another option is filing a personal injury claim. If the insurer does not treat you fairly or there is no clear insurance coverage, a claim may be the best way to protect your rights. If the injury is severe or likely to have long-term consequences, filing a personal injury claim is even more important. Regardless of the route you choose, consult an attorney before accepting any settlement offer.
What California Law Says About Dog Bites
California Civil Code §3342 makes dog owners strictly liable for bite injuries. Some owners mistakenly believe they are not responsible for a first bite, but California’s strict liability rule applies even to first-time incidents.
Of course, there are some possible exceptions. For example, if the dog’s owner can prove that you or your loved one was trespassing or provoked the animal at the time of the bite, the court might find that the strict liability does not apply. The same goes for police canines on duty and those professionals (vet techs, groomers) who assume a risk of being bitten. In this case, comparative fault may have to be determined.
Your Legal Rights as a California Dog Bite Victim
Because of the state’s strict liability law, you typically do not have to prove that the dog’s owner was negligent. Moreover, the law recognizes that a bite may not always result in broken skin. If the dog closed its jaws around your clothed leg and caused you to stumble and suffer a fall injury, it may fall under the strict liability rule.
You have two years from the date of the bite to file a claim or lawsuit; however, this time may be longer for child victims.
Who Is Liable in Anaheim Dog Bite Cases?
As we mentioned earlier, the primary liability lies with the dog’s owner. If the dog has been declared potentially dangerous due to a prior incident, liability may be increased. The person responsible for the dog is liable if the animal injures someone who is lawfully present at the location. When the dog’s owner is not present or has given responsibility to someone else, that person may be found negligent. For example, a dog walker loses control of a dog, and it knocks you down.
Common Dog Bite Injuries & Their Impact
Our Anaheim dog bite lawyers have worked with many victims who reported physical and psychological injuries. Bodily injuries are puncture wounds and lacerations, nerve and tissue damage, facial injuries and disfigurement, broken bones from falls, and infections, including a risk of rabies. In contrast, psychological injuries may include PTSD and anxiety disorders, a newly developed fear of dogs (cynophobia), emotional trauma in children, and an impact on your overall quality of life.
Compensation Available for Dog Bite Victims
Now that we have discussed what constitutes a bite injury in California and who is typically liable, it is time to explore the compensation available when someone becomes a dog bite victim. Under the law, there are economic damages, which you can prove with receipts or bills currently due.
Examples include the bill you received for emergency medical treatment, the future cost of necessary reconstructive surgery, and the ongoing charges for physical therapy and rehabilitation. The law also recognizes likely future medical expenses. Other economic damages relate to your employment. They include lost wages, a diminished earning capacity, and possibly missed opportunities for promotions.
Non-economic damages do not have a price tag per se; however, they are just as real as their economic counterparts. Examples include pain and suffering, emotional distress, scarring, and disfigurement, a loss of enjoyment of life, and a loss of consortium. There are special considerations if the dog bite victim is a minor. Child victims often receive higher compensation due to facial scarring, long-term psychological needs, and impacts on education or development.
What to Expect During the Legal Process
After seeking medical care and reporting the bite, the legal process generally follows these steps:
- Consultation: An initial legal consultation and case evaluation. If you decide to enlist the assistance of an Anaheim dog bite attorney, they will meet with you, discuss the details of the case, and determine what types of compensation may be possible. There will be no cost because this type of case is taken on a contingency basis. Unless the attorney wins your case, you do not have to pay.
- Filing the claim: Your attorney will file a claim against the appropriate insurance companies. The companies will then assign an adjuster who will ask for your records, statements, and any evidence supporting your claim. Your attorney can handle the communication with the insurance company, so you do not have to worry about phone calls.
- Settlement negotiations: Outlining your economic and non-economic damages, your lawyer will send a formal demand letter. The insurance may accept the demand, counter with a lower offer, or deny the claim completely. The attorney will negotiate on your behalf. When they reach a settlement that you agree is fair, the case ends.
- Filing a lawsuit: But what happens when the insurer refuses to offer you a fair settlement? In this case, your attorney will file a lawsuit and serve the defendants. The case enters a discovery phase, during which both sides exchange evidence, such as documents, medical reports, and expert opinions.
- Pre-trial activity: Motions, hearings, and ongoing settlement negotiations. It is important to remember that just because your attorney filed a lawsuit does not mean the case will actually go to trial. Instead, by demonstrating that you are serious about getting a fair settlement after the dog bite injury, new settlement conferences take place to settle the case and save money by not going to trial. It is fair to say that most cases settle at this point.
- Trial: If no acceptable settlement is reached, your case goes to trial. Your attorney and the defendant’s representatives present the case and its evidence. It is now up to a judge or jury to decide on liability and the amount of compensation. Trials are rare but can happen, particularly if the insurance company disputes the facts of the case. If you win, you may receive compensation for economic and non-economic damages. Additionally, the court may add punitive damages if the dog’s owner was reckless.
A simple insurance settlement may take 2 to 6 months. If more intense negotiations are needed, it may take six to 12 months to resolve the case. If you go to trial, the case may take up to 2 years.
Why Choose the MKP Law Group for Your Anaheim Dog Bite Case?
When you hire MKP Law Group, you get the personalized attention of working with attorneys who understand Anaheim, its courts, and the unique issues involved in local dog bite cases. The team has a proven track record handling dog bite claims, access to medical experts, and resources to handle complex cases. With a contingency-fee structure, you pay nothing upfront.
Local Anaheim Resources for Dog Bites
Medical Facilities include the Anaheim Global Medical Center at 1025 South Anaheim Boulevard, the West Anaheim Medical Center at 3033 West Orange Avenue, and your local urgent care centers.
You can report a loose dog to Animal Control & Reporting by dialing (714) 935-6848. If you have been the victim of a dog bite, call OC Animal Care at (714) 796-6421.
Additionally, there are legal resources to assist you with protecting your legal rights after a dog bite injury. Examples include the Orange County Bar Association; dial (949) 440-6747 or (877) 257-4762 to reach their lawyer referral and information service.
Contact MKP Law Group Today
Protect your rights. Do not allow someone else to take advantage of you. The MKP Law Group welcomes the opportunity to sit down with you and discuss your dog bite injury. We represent dog bite victims in Anaheim and anywhere else in Orange County. It is a free consultation. If you decide to have our team represent you, there will be no fee unless we can secure a fair settlement for you.
Visit us online and fill out a consultation request form. In the alternative, set up a free consultation by dialing 323-524-9619 today!
Fuentes
https://californiahealthline.org/multimedia/dog-bite-increase-data-california-emergency-room-er/
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/AnimalBites.aspx
https://www.ocpetinfo.com/field-operations/report-animal-bite
Do I need a lawyer for a dog bite?
Working with a dog bite lawyer who understands the law, knows how insurance companies work, and will offer you personalized service gives you an advantage. It is easy to miss filing deadlines or have an insurer take advantage of you without help at your side. Also, your attorney will focus on the case and working on securing a fair settlement while you can focus on getting well.
How do I choose the right dog bite lawyer in Anaheim?
The right dog bite attorney in Anaheim will know the city, its surroundings, and its courts. Typically, this involves a lawyer who specializes in serving dog bite victims in the area. Because there is specific case law that pertains to dog bites, it makes sense to work with someone who knows these details from day one.
What kind of lawyer do I need for a dog bite?
A dog bite results in a personal injury. It makes sense to work with a personal injury lawyer who specializes in dog bites. Doing so ensures you get the best possible advice.
When do I contact a lawyer for a dog bite?
Consider discussing your case with a dog bite attorney after you receive needed medical care, but before you contact the insurance company. Know what your legal rights and the other party’s obligations are before you file documents or sign anything.
How much money can I get for a dog bite attack?
It is difficult to estimate the amount of a fair settlement without having all the facts. To answer your question accurately, we would need documented financial losses, projected treatment expenses, and a clearer understanding of any non-economic damages you may have suffered. Additionally, the victim’s age plays a significant role in insurers’ compensation calculations.
How long do I have to file a dog bite claim?
There is a two-year statute of limitations within which you have to file a claim. If you miss this filing deadline, you will not receive the compensation you deserve.
Which Anaheim attorneys specialize in dog bite attacks?
The Orange County Bar Association can give you recommendations for attorneys practicing locally. MKP Law specializes in dog bite attacks in Anaheim.
What should I do if a dog bites my child?
The first and most important thing to do is get the minor the needed medical attention. Once your child is safe and the bite or scratch has received treatment, consider working with an experienced dog bite lawyer. Children will need additional help, which means that you need to be forward-looking with potential physical and psychological treatment needs. Additionally, filing deadlines are different when the injury involves a minor. An attorney can assist you with meeting all the deadlines.