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Have You Been Injured in a Dog Attack?

October 30, 2020 in Dog Bites

Dog attacks can be traumatizing and result in serious injuries, especially for young children and the elderly. However, you have rights under California law, and you may be entitled to compensation. If you’ve been injured in a dog attack, you should contact a San Luis Obispo injury attorney as soon as possible.

California’s Strict Liability Dog Bite Law

In many other states, dog bite victims have to demonstrate that the dog had a propensity for violence. Typically, this involves showing that the dog had previously bitten someone. As a result, it’s difficult to pursue compensation if you are the first person the dog has bitten or there are no previous records of an attack. These states also often require that the victim prove that the owner was negligent in failing to control their dog. 

California, however, has a strict liability rule when it comes to dog bite cases – if you can prove that you were bitten and injured by a dog, you can pursue a claim against the dog’s owner. You do not need to prove that the dog had previously attacked someone or that the owner was somehow negligent. However, this strict liability rule applies, with a couple of important caveats: 

  • You were bitten while on public property, such as on the street or in a public park; or 
  • You were lawfully on private property, i.e. you had express or implied permission to be on the property. 

The second scenario is more complicated than the first, it even protects delivery people who are bitten while making a delivery to someone’s private home. An experienced San Luis Obispo injury attorney can review your case and determine whether you have a claim 

Injured, But Not Bitten

It’s important to point out that California’s strict liability law applies only in cases where you were injured as a result of being bitten. However, it is possible to be injured in a dog attack but not bitten. For example: 

  • A dog jumps on an elderly person who suffers a concussion and broken bones in the attack. 
  • A cyclist is attacked by a dog and is seriously injured when they are pushed into a moving vehicle. 
  • A pregnant woman is attacked by a dog and knocked down. As a result of the attack, she suffers a miscarriage. 

In these cases, the strict liability rule does not apply. You must prove that your injury was caused by the dog attack and that the dog’s owner was negligent. An experienced San Luis Obispo injury attorney will know how to prove your case so that you can get the compensation you need. 

You May Be Entitled to Compensation

You may suffer serious injuries as a result of a dog attack, including nerve damage and paralysis. In addition, many victims suffer severe PTSD or anxiety. If you’ve been injured in a dog attack, you may be entitled to compensation for the following: 

  • Your medical expenses
  • Your lost income
  • Your pain and suffering

A San Luis Obispo injury attorney will be able to review your case and explain what compensation you may be entitled to. 

Call San Luis Obispo Injury Attorney Earl E. Conaway, III Today

Dog bite injuries can be very serious, leaving you with severe injuries. Earl E. Conaway can help you get the compensation you need to put your life back together. To schedule a free consultation, simply call us at 805-546-8797 or send us an email today.

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"Earl definitely knows what he is doing. Hopefully I'll never have to use him again but he definitely will be my go to if I am ever in need. Can't recommend him enough as he is easy to talk to, understanding, and very helpful. His partner Dee is awesome too!"
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