Unless you regularly work with aggressive dogs or dogs with known bite histories, you wouldn’t typically expect to be bitten or attacked. The best course of action that you should take following a dog bite may be unclear.
A California dog bite lawyer can help you take the next best steps to protect your rights.
Take These Critical Actions to Protect Your Dog Bite Claim
In the first 24 hours of a dog bite, it is critical that you seek medical treatment. Even minor lacerations or puncture wounds can lead to serious complications. Your medical treatment will also create an accurate and detailed record of the physical and psychological damage suffered after the attack.
Medical Treatment Is a Priority
Even if you do not think you have major injuries requiring urgent medical care, it is really important to ensure the wounds are well taken care of and clean. Around half of all reported dog bites introduce some degree of bacteria. This bacteria transfer makes infection the number one concern when there aren’t other severe injuries.
Medical professionals frequently advise getting a tetanus booster if you have not received it within the last five years, particularly if the wound has debris in it. Depending on the dog’s vaccination status, they may also advise getting a prophylactic rabies vaccine.
Seeking medical care immediately provides a good record of your initial injuries. In addition, if you delay medical treatment, your injuries may not appear severe, even if they are. Depending on how the attack happened, injuries could also be sustained that are not obvious unless you have a medical exam.
Exchange Information
A vital part of a dog bite claim process is to make sure you have gotten the contact information for the dog’s owner or handler. This is important so that police or animal control can locate them if necessary. In addition, your attorney will need to know who was involved and how to contact them.
Identifying the handler or owner helps your lawyer determine who to hold responsible. In California, dog bites fall under strict liability. A dog bite victim does not have to establish negligence in order to recover compensation for their injuries.
Witness Statements
If you are able, exchange contact information with witnesses. If there are neighbors with doorbell cameras or businesses with security cameras, reach out and request their contact information. Ask your attorney if they can request a copy of the footage.
Because the law is strict liability, defense attorneys will do what they can to reduce their client’s fault. For example, they may say that the victim was trespassing when the dog bite occurred. By providing eyewitnesses, you can challenge these claims and ensure the correct facts are provided.
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(916) 500-0000Make Sure to Report Your Dog Bite Injury to the Proper Parties
In accordance with California law, your medical team must report any dog bite case to the Emergency Department. You may also contact the California Veterinary Public Health Section (VPHS), local animal control, and local law enforcement to file a report
Your report to VPHS will assist in efforts to reduce public health concerns like rabies, they also work to track the spread if that is a concern. Animal Control also keeps records of dog bites and dogs with bite histories. Filing a police report is a way for you to document with the local police department and gives you a report that you can also keep for your records.
Some people find it difficult to make these reports because they can lead to some really hard decisions for the pets and their families. You need to remember that the first days after an injury pose a lot of unknowns, and treatment for a dog bite can be painful and expensive. Gathering documentation and reporting incidents to the appropriate parties can be the best way to protect yourself.
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California Dog Bite Statutes
The California Civil Code §3342 dictates that a dog owner is liable for the injuries of their pet.
However, the victim must be legally on the property. A defense attorney may try to twist your narrative and say that you were not legally allowed on the property. Talking with an experienced attorney can ensure that your story is being told accurately.
If you are concerned regarding the life of the animal that bit you, just because a claim is filed does not mean the dog will get euthanized. California code states that dogs will be euthanized if they bite in two separate instances or if the bite causes severe injury. Depending on the situation, dog owners may be able to confine their dogs.
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Speak with a Dog Bite Lawyer
Leaning on an attorney can help you establish your claim and get access to information the dog owner may not be willing to give, such as a dog’s medical or behavioral records. Even though dogs are not humans and are not subject to HIPPA, there are state laws that protect veterinarians from giving out animal records without client consent.
An attorney can help you subpoena records and files related to the incident. Don’t rely on the fact that the California dog bite statute is strict liability. Just because you do not have to prove fault does not mean you automatically get the compensation you deserve. An attorney will advocate for your needs, medically and emotionally.
How Triumph Law Can Help You with Your California Dog Bite Claim
The first few hours and days after a dog bite can make or break your personal injury claim. Many may be reluctant to seek medical attention for a perceived minor injury or to file reports against the animal. These steps protect you against expensive medical bills and responsibilities, as well as the public, from a dog that might be likely to bite again.
While you want to protect yourself from unnecessary costs for an injury that was not your fault, you also deserve to have your rights protected. Many bites happen with the dog owners present, and they should be held accountable for being negligent in the training and handling of an animal that can hurt or kill others. Take steps to protect yourself and contact a dog bite attorney to handle your case and give you time to heal.