December 21, 2024

Thousand Oaks dog bite lawyer

Experienced Dog Bite Attorney To Fight For Your Rights

Most people when hearing about a dog bite think about a slight nip on the hand or a torn cuff. However, dog bites can result in devastating injuries. You should consider speaking with a Thousand Oaks dog bite lawyer if you or a loved one incurred medical expense because of a dog bite.

It is common for dog bite victims to suffer from painful injuries resulting in nerve damage, muscle damage, lacerations, and permanent scarring. In most cases, emotional injuries because of the trauma arising from the dog attack are more serious. This is particularly true when the victim is a child.

Dog owners in California are held strictly liable for the injuries caused by their pet. This is unless the victim provoked the animal or was trespassing on private property.

Homeowner’s Insurance Covers Dog Bites

Dog bite injuries are usually covered by renter’s and homeowner’s insurance policy. Canine bites, according to the Insurance Information Institute, are a common liability claim on renter’s insurance and homeowner’s insurance policies. However, you should know that certain dog breeds are automatically excluded from liability coverage.

This makes it necessary that you ask the dog owner about specifics regarding their insurance coverage. Breed restrictions can prevent you from getting the compensation you deserve for your injuries. With that said, you should still consult with a knowledgeable Thousand Oaks dog bite lawyer to understand all possible legal options.

These are a few dog breeds that are subject to restrictions:

Doberman
Pit bull
Staffordshire terrier
German Shepherd
Akita
Chow
Rottweiler
Alaskan Malamute
Wolf Hybrid
Siberian Husky

Statute of Limitations

The time deadline or statute of limitations for filing a dog bite claim in California is two years. The period starts from the date the attack or the bite occurred. You may not be able to recover damages if you missed the two-year period for filing the lawsuit. This is true even if you were unable to identify the owner of the animal during the time period.

Legal Options in Dog Attacks

There is a possibility that you may be attacked by a dog but not bitten. In this case, the injuries you sustain may be because of the dog knocking you over or by scratches and scrapes. You can recover damages in this situation as well. Based on this, your attorney will have to prove that the owner of the dog was negligent.

This can be shown by proving the owner should have known or knew that the dog had a propensity towards aggression. The attorney will also need to show the dog owner did not necessary or reasonable steps for preventing harm from coming to others.

However, you should know that the dog handler or owner will automatically be deemed negligent under the ‘negligence per se’ law of California if they violate a local or state statute meant for protecting public safety and health.

Defense to California Dog Bite Lawsuits

There are several different defense strategies that the defendant’s attorney may take in animal bite lawsuits. The strategy chosen will depend on the facts and circumstances of the case. These are a few common forms of defense:

The defendant is not the dog handler or owner. Hence, the owner is not responsible for the animal attack.
No injuries are sustained by the plaintiff
Injuries caused are not because of the animal
Reasonable care was exercised by the defendant with respect to restraining the canine
The plaintiff or a third party provoked the animal
The risk of bite was assumed by the plaintiff under California’s “assumption of risk” law. For instance, the plaintiff is a veterinary technician or a groomer. However, the rule doesn’t apply if the dog owner or handler knew that the dog was dangerous and failed to notify the plaintiff.