Millions of Americans own dogs and consider them to be a part of their families. According to the American Veterinary Medical Association, there are an estimated 89.7 million dogs in the U.S., and 4.5 million bites happen each year. State Farm reports that Californians experience more dog bites than any other state. In 2017, the state accounted for 14% of all of the dog bite claims that State Farm received, resulting in $18.7 million in payments.
If you are bitten by a dog, you need to talk to a dog bite lawyer Sunnyvale at the San Jose Personal Injury Attorneys. Our lawyers are experienced with helping people who have been injured in dog attacks and will advocate for you to recover maximum compensation for your losses.
Liability in dog bite claims
The states follow two different methods for determining liability in dog bite cases. While some states follow the one-bite rule, which imposes liability only when the owner knows or should have known that their dogs have violent propensities, California does not.
Instead, California has a strict liability statute for dog bites found at Cal. Civ. Code § 3342. Under this statute, a dog’s owner is liable for injuries when his or her dog bites others in public or when the victims are lawfully present on the private property regardless of whether the dog has previously bitten people before. This means that you will not be required to prove that the dog’s owner was negligent when you were bitten.
Liability in an Dog Accident
The statute does include an exception for dog bites that occur in some situations involving police and military dogs. If you were bitten by a police dog while an officer was trying to arrest you or when the dog was trying to protect the officer from you, you will not be able to recover compensation for your injuries.
The strict liability statute also requires lawful presence when people are bitten while they are visiting the private property. This means that if you trespassed on the property of someone else, you will not be allowed to recover damages in a claim against the owner if a dog attacks you to protect the yard or home.
When Insurance Companies Get Involved After a Dog Bite
Homeowners insurance often covers dog bite injuries, but not always. And even if coverage exists, the insurance company may try to minimize your payout.
Common Insurance Company Tactics:
- Early Settlement Offers: Insurers may quickly offer a settlement that seems helpful, but it's often much less than your claim is worth. Accepting a lowball offer could prevent you from getting fair compensation later.
- Requests for Medical Authorizations: Don't be fooled by an insurer's claim that they need your medical history to process your claim. This is a tactic to find unrelated conditions to blame for your injuries, reducing their payout.
Protecting Yourself:
- Consult an Attorney: Before speaking with the insurance company or signing anything, talk to a personal injury lawyer. They will protect your rights and negotiate for the full compensation you deserve.
Remember: Insurance companies are not on your side. Don't let them take advantage of you. Get legal help to level the playing field.
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Contact a dog bite lawyer Sunnyvale
Working with an experienced dog bite lawyer at the San Jose Personal Injury Attorneys might help you to recover compensation in an amount that fairly compensates you for your losses. Our attorneys represent people in Sunnyvale who have been injured in dog attacks, and we understand how to build strong cases for our clients. Call us today at 408.217.1778 to schedule a free consultation.
Under California law, it is possible to recover financial compensation for past and future pain and suffering, past and future medical expenses, past and future loss of income, and punitive damages.
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