Dog Bites

Personal Injury – Dog Bite Lawyers San Diego, CA

While dogs are commonly referred to as a “man’s best friend,” dogs can also be the cause of serious injury and disruption of lives. Often times it is the dogs owners who are the responsible party, acting negligently and properly training or handling their pet. Dog attacks in San Diego are very serious and can and often do result in severe medical injuries and associated emotional strain. While many dog bites are reported and addressed, there are untold many that are written off. It is common for the victims to suffer serious and prolonged fear of dogs.

Personal Injury – Dog Bite – Who is at fault in San Diego?

If the owner of the dog owns a home in San Diego (the official “owner or owners” are not always the one who cares for or handles the dog) liability for the dog bite almost always falls on the insurance company of the homeowner, through homeowners insurance. A dog bite victim in San Diego may be entitled to compensation for medical and hospital bills, loss of earnings and earning power, rehabilitation, physical and mental pain and suffering, and a loss of well being due to a personal injury. In certain cases spouses and relatives may also be entitled to damages based on “loss of consortium.” Dog attacks can result in permanent physical scarring as well as mental scarring.

The average cost of a dog bite related personal injury and hospital stay is over $18,000 in San Diego – nearly 50 percent higher than the cost of the average injury-related hospital stay. And that doesn’t even take into account the cost of continuing treatment and rehabilitation, lost wages, additional corrective surgeries, or pain and emotional suffering.

Personal Injury – Dog Bite – Strict Liability in San Diego

Under California law and San Diego, dog owners are generally “strictly” liable when their dog bites someone while in public, or when a person is lawfully in a private place. That is unlike many other injury cases where you have to establish liability to be compensated. In “strict liability” cases, when one suffers a dog bite, liability is also established and it is not necessary to prove the owner is liable. Many California counties, including San Diego, have leash laws that require dogs to be restrained by a leash or a certain length (generally six feet or less). Violation of these laws can also create liability on the part of the dog owner. Dog owners in San Diego have also been held liable when the dog was not actually successful in biting its victim, but the victim was injured while trying to escape the dog’s attack.

Personal Injury – Dog Bite – Negligence in San Diego

Negligence is the claim frequently brought in a personal injury lawsuit resulting from a dog bite. Negligence is a claim based on recklessness or carelessness as opposed to an intentional tort. In civil litigation, if a plaintiff (injured party) proves that he or she was harmed through the negligent actions of another, they can recover damages.

In our society, people and entities owe a general duty of care towards you to not harm you (such as by leashing and disciplining their dog so it does not bite others). To prove Negligence it must be established that a duty of due care was owed and the defendant(s) breached their duty of due care – and as a result someone (the plaintiff) was harmed. The test to establish a breach of the duty of due care is whether a reasonable person in the same situation would have acted differently. This is both a subjective and objective test and is generally fact specific. Often times it involves expert testimony to help establish this. Establishing a Negligence cause of action will entitle someone to obtain economic and non-economic damages, including pain and suffering, emotional distress, lost wages, medical bills, and property damage.

Personal Injury – Dog Bite – What can be done in San Diego?

The Personal Injury and Dog Bite lawyers at The Justice Law Group of San Diego will investigate the history of the dog and whether it had attacked before, whether its owner has properly protected others, whether its owner is obeying the laws (such as the leash law), and whether the dog has a history of fighting. Dog bite attacks can raise a variety of complex legal issues depending on who the owner is, how the dog bite attack occurred, and what insurance liability coverage(s) may be available. We will immediately retrieve all relevant documents to assist your case, including all available owner records, prior incident/dog bites reports, litigation history, police reports, disciplinary action reports, and other relevant documentation. We will also arrange for all experts and medical doctors necessary to litigate your personal injury and dog bite case.

Personal Injury – Dog Bite – How Justice Law of San Diego can help with your Dog Bite

Choosing the right representation is important. Call Personal Injury and Dog Bite Attorneys Cameron J. Gharabiklou and Nicholas J. Lewis at the Justice Law Group of San Diego today for a free consultation. The Justice Law Group does not require payment by our clients for attorneys’ fees during the course of our representation. If we take your case, we agree to be paid attorneys’ fees only if we win a recovery for you through settlement or court proceedings. We understand the strains that an unexpected incident like a dog bite can bring, and we want our clients to know we are as invested in their case as they are. We believe in our ability to achieve results for you.

How much do we believe in our ability to successfully fight for you? If we take your case, you pay NO ATTORNEYS FEES, unless and until we recover payment for you.  At the Justice Law Group of San Diego, you will not be passed to a secretary or paralegal, instead you will speak to the Personal Injury and Dog Bite lawyers who will be handling your case all the way through trial when necessary. Call us today. 858.412.0019 or contact@justice-lawgroup.com