What Happens Legally When Your Dog Bites Someone?

Usually, after your dog bites someone, the seriously injured victim receives a large settlement. The average dog bite settlement amount has doubled since 2014. Medical bill inflation has increased the cost to treat gruesome dog bite injuries. Furthermore, many animals are more aggressive today. Pandemic puppies are a good example. These small dogs grew up in isolation in 2020 and 2021. They aren’t used to people and often react violently.

These two things increase the economic and noneconomic consequences of a dog bite injury. A dog attack attorney in Los Angeles can obtain compensation for these losses in court. As mentioned, most of these claims settle out of court. These settlements benefit victims in several ways, mostly because settlements give victims more control over the outcome of these cases. At trial, a judge or jury dictates the outcome. During settlement negotiations, the parties largely set the terms.

Dog Bite Injuries

To fully understand what happens legally when your dog bites someone, we must first discuss the serious injuries these attacks cause.

Direct injuries usually include broken bones, head injuries, severe surface lacerations, and deep puncture wounds.

Usually, the initial knockdown causes broken bones and head injuries. Broken bones normally heal, at least to an extent. But head injuries are permanent. Dead brain cells don’t regenerate.

Next, when dogs attack, their teeth tear into the victim’s skin. These wounds usually require extensive treatment as well as reconstructive surgery. Furthermore, these injuries have very high infection rates. More on that below.

Finally, the dog’s teeth usually penetrate deep into blood veins and internal organs, causing massive bleeding. By the time they receive medical treatment, most victims have lost at least a quarter of their blood, putting them on the edge of hypovolemic shock.

Indirect dog bite injuries often include Pasteurella and Bacteroides infections. These infections are particularly harmful if the victim has a pre-existing condition. Usually, a Los Angeles dog attack attorney files a separate claim against a doctor for such injuries. Owners normally aren’t legally responsible for them.

What Happens Legally

These claims are very complex. Fortunately, dog owners usually don’t have to deal directly with these complexities. In most cases, a homeowners insurance company has a legal duty to defend the claim. This duty includes a responsibility to hire a lawyer.

Nevertheless, some basic legal knowledge is good for owners, so they have some idea what to expect in these claims. California dog bite liability laws include:

• Strict Liability: California animal owners are liable for damages if their animals attack people. A few limited defenses, such as provocation, are available in a few cases. The strict liability law is much like a no-fault insurance law.
• Scienter (Knowledge): Compensation is usually higher in scienter claims. This doctrine applies if the owner knew the animal was potentially dangerous and didn’t properly control it. Evidence of knowledge includes aggressive barking and other pre-bite behavior, as well as previous attacks against people.
• Negligence: This theory often applies to non-owner custodians, such as dog walkers. Other parties could negligently allow dog bites as well. Teachers are negligent if they allow small children to play near strange dogs.

The aforementioned provocation defense is not a get-out-of-jail-free card. According to California law, provoking an animal is tantamount to torturing an animal. Aggressive teasing and sudden loud noises are not provocative actions.

How a Dog Bite Case Affects You

Dog owners should be aware of some pitfalls to avoid when the case is getting started. They should also understand the fallout of a financial settlement.

TV commercials imply that the insurance company is “on your side” and willingly takes care of everything. That’s usually not true. Most insurance companies look for ways to avoid liability.

The initial contact is a good example. Telephone insurance adjusters come across as affable people, like Flo from State Farm and the Liberty Mutual guy with the ostrich. But these adjusters know how to subtly extract damaging information from policyholders. So, watch what you say.

Dog owners aren’t legally or financially responsible for settlements. The insurance company handles negotiations and writes the settlement check. But settlement funds are not free money.

The insurance company usually raises rates to pay for the settlement and other litigation costs, such as the cost of hiring a lawyer. Typically, homeowners are stuck with higher rates for at least two or three years, depending on the size of the settlement. Then, they can shop around for another policy.

Contact an Experienced Dog Bite Lawyer

Dog bite cases affect owners. For a free consultation with an experienced dog bite attorney in California, contact the Law Offices of Eslamboly Hakim. Virtual, home, and hospital visits are available.

Credit: Photo by Midjourney