Proving Negligence in Dog Bite Injury Cases

A dog bite can cause physical, emotional and psychological trauma. Following a dog attack, regardless of whether it leads to minor or catastrophic damages, lots of ask you what can be done to make sure the proprietor is accountable? California is a state where the law does technically allow for financial recovery if their dog cause you harm via attack, but you would actually collect significantly greater compensation in almost any all cases of negligence that should be available.

In the event that secure you or a buddy or family member have been nibbled by a doggie and supported hurt, our empathetic Beverly Hills Personal Injury Attorneys at Beverly Hills Injury Firm can help. Negligence is a relatively straightforward example and for the simplicity of this article, we will deal with on only negligence before discussing how you can effectively boost your case.

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How Do You Prove Negligence IN a Dog Bite Case?

Negligence is not, doing what you were supposed to and someone else was hurt in the process. In a dog bite case, this would mean transitively that the dog owner or keeper was not properly defending the animal as a reasonable person would have and should have kept the situation from turning into an attack.

Negligence may involve:

Dogs At Large (Potentially Dangerous Dog)

Failure to leash or displaying "Beware of Dog" sign

Failure to Have Dog Fenced In Yard or House

Known aggression and nonintervention

Allowing a Child or Stranger To Approach A Dangerous Dog

Additionally, if the strict liability statute applies (for instance a law that holds dog owners liable no matter the history), demonstrating negligence can help support your claim and increase your settlement among other factors.

The Four Elements of Negligence

To prove negligence in a dog bite injury case, you must establish these elements:

Duty of Care: In addition to that, the person who had a dog was legally obligated to have dominion and control over his or her property, including their pet, in such a way as not to cause harm others. This means that we should leash and control our dog

Breach of Duty: Liability arises from the failure of the owner to perform that duty. That can be as simple as setting a dog free in a park without a leash to ignoring signs of aggression.

Causation: You Need to Prove The Owner Was At Fault and Your Bitten by Dog Injuries This is the step that connects the dot between a harmful behavior (or non-behavior) and makes sure it results in real harm.

Damages: Ultimately, you also have to show this attack caused some measure of quantifiable damage. These can include: Medical bills and emergency treatment, Plastic surgery later on or medical bills, Enhance lost earnings or reduce recoverable, future loss of earning potential, Pain and suffering, Emotional trauma or PTSD,
Scarring, or permanent disfigurement.

An essential element for any personal injury claim is to show that there was damages, if you can not show a loss /damages then you don't have a claim.

Crucial Evidence in a Dog Bite Incident

You and your lawyer must be able to prove that the at-fault driver failed to act reasonably, which is the only way for you to be eligible for maximum compensation. And of course, the following are examples for which no type of documentation could be a substitute:

Pictures of the wounds, where he was bitten and the dog.

This focus or trauma has been diagnosed and is being treated.

Eyewitness reports of the attack

Case reports submitted by police or animal control following seizure

Veterinary records indicating a history of aggressive behavior or no vaccinations

Neighbor's home or business surveillance

Texts or emails in which the owner admits to being at fault and apologizes

You may not keep meticulous records, but your legal team can gather and preserve this evidence for the purpose of adding additional strength to your claim.

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WHO SHARES THE BLAME FOR DOG BITES?

In nearly every case, a dog owner can be found liable, however other responsible parties may also exist.
Landlords who knew their tenant had a dangerous dog but did nothing, private property owners, Dog owners, Dog walkers, If the attack occurred on business property due to failed safety regulations, industrial complex owners
With a legal team, you can make sure that an accurate investigation is conducted and all responsible parties are held accountable.

California's Strict Liability Dog Bite Statute

It states that If a dog bites someone in public or if the person is bitten while lawfully on private property, then under California Civil Code §3342 the owner of the dog is strictly liable. Basically, there most likely is no requirement for you to prove this unless someone else has already been bitten by the dog or the owner of the animal failed to take care.

However, it is still required to prove negligent conduct if: You are demanding for personal conduct of a hideous quality punitive damages. More injuries than just the bite (she fell when she was being attacked)
A party other than the owner may be to blame

Comparative Negligence and Dog Bites

In most dog bite cases, the dog owner is going to have an argument ready about how it wasn't the owner's fault and maybe it was partly the victim's fault, like trespassing or provoking the animal. According to California comparative negligence, any settlement you obtain would correspondingly be reduced by the percentage of liability resting with you.

Therefore, if 20% of the fault is yours and your damages are $100,000 then those damages will be reduced to $80,000. That is why a strong case with experienced help and evidence is necessary to minimize your liability and increase recovery.

When You Should Seek Legal Representation For A Dog Bite Injury Case

When You Should Seek Legal Representation For A Dog Bite Injury Case

Insurance companies rarely take dog bite injuries seriously and sometimes go as far as to blame the victim for causing the attack. They can seem very appealing, quick settlements that ignore medical needs, emotional pain and long-term effects.
At Beverly Hills Injury Firm we specialize in:

Assembling the Evidence You Need and Fact-Finding

Identify all liable parties

Accurately calculate your damages

Negotiating with insurance companies on your behalf

Demand you the largest settlement available.

Go to trial if we must.

We want to advocate for you and ensure that justice is done in your favor. But remember, you have to be fast as there are very stringent time limits.
A personal injury claim from a dog bite must be filed within two years of the date of the incident. This is something you only have a small window of time to do, and if too much time goes by, then in some cases, the ability to sue for compensation could be lost entirely.

If the attack is caused by a government agency like the police dog bite you are allowed only six months to file an administrative claim.

Schedule a Free Consultation with Beverly Hills Injury Firm
If you have been injured in a dog bite attack, do not delay. Paying You for Your Pain, Suffering and Hardship You have to hire Beverly Hills Injury Firm and we will take care of every aspect of your claim .

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Note: This guide is for informational purposes only and does not constitute legal advice.

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Meet Shawn Mangoli

“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”

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