Have you suffered an injury in a dog bite accident? Do you have questions about how these cases work? You can always contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation to get answers to your questions. In the meantime, you can also keep reading to get answers to some of the questions we are most commonly asked.
When Can I Sue for Damages When Bitten by a Dog?
As long as you were not provoking the dog and you were bitten while either in public or lawfully on private property, you can sue for damages. Other states have what are known as “one-bite rules,” which essentially mean that in order to sue, you must be able to prove that the owner of the dog knew their dog was aggressive – usually by showing that it had bitten someone before. In California, this is not the case, and the owner is responsible for damages their dogs cause.
Who Cannot Sue if Bitten by a Dog in California?
There are some people who cannot recover damages if they are bitten by a dog in California. For example, if a person was trespassing on private property and was bitten by the owner’s dog, if they provoked the dog, or if the dog was defending its owner or someone else based on the laws of self-defense in California.
Likewise, a person cannot sue the policy or military if they are bitten by a police or military dog that is used in accordance with the written policy of the agency for which the dog works.
What Types of Damages Can I Sue for?
You can sue for damages related to your injury. This might include medical bills, pain, and suffering, physical therapy, vocational therapy, psychological counseling, lost wages, lost earning capacity, scarring, disfigurement, or loss of a limb.
If your loved one was killed in a dog attack, you might be able to sue for wrongful death damages or loss of consortium. Your attorney can help you determine the best way to proceed.
Do Punitive Damages Apply to My Dog Bite Case in California?
Punitive damages are designed to punish the at-fault party who has taken part in particularly bad behavior. In order to recover punitive damages, the plaintiff would need to be able to prove that the defendant acted with willful and conscious disregard for the safety of others.
It is rare that punitive damages are awarded in dog bite cases, but yours could qualify. To find out what your legal options are, contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.