El Dorado Hills Dog Bites Lawyer

If you or a loved one were attacked or bitten by someone else’s dog, it is only fitting that you explore your legal options. You may be owed significant compensation for your medical costs, lost wages, diminished quality of life, and pain and suffering. Triumph Law can help you get through these difficult times. 

Our El Dorado Hills dog bites lawyer brings over 20 years of legal experience to every case we work on. You can feel confident trusting us to make the most of your case. Please contact our El Dorado Hills personal injury lawyer today if you were bitten by a dog and are interested in seeking fair compensation for your damages and suffering.

California Dog Bite Laws

California has a strict liability law for dog bites and animal attacks, including accidental injuries caused by pets, as described by California Law §3342. Under this law, a dog owner can be held strictly liable for the harm suffered by others due to their pet’s misbehavior or aggression. Even if there was no reason to think that the dog would bite because it had never been aggressive before, the dog owner could still be liable to pay for the damages. There are exceptions to strict liability, though, such as:

• Plaintiff tried to hurt or did hurt the dog, so it was acting in self-defense.
• Plaintiff was trespassing in a closed space or yard that confined the dog, especially if that space had signs to warn others about the dog’s presence or aggression.
• Plaintiff was committing a crime against the dog’s owner, so it was acting in defense of its owner.

You may not always be sure who is responsible for causing the dog bite or animal attack. Someone other than the dog owner may share liability for your damages, such as a dog sitter, government agency, or other third party. Your El Dorado Hills dog bites attorney will conduct a comprehensive investigation into the incident so we can accurately identify those responsible.

El Dorado Hills Dog Bite FAQ

Who Do You File Against?

When demanding compensation to cover your losses after being the victim of a serious dog bite, you will not technically begin by filing a claim against the dog’s owner. Instead, El Dorado Hills dog bites lawyer will file against an insurance policy they hold. In most cases, homeowner’s insurance policies can be used to cover the damages caused by a dog attack, even if the attack happened away from the owner’s home.

If the dog’s owner has told you that they cannot afford to pay for your damages, do not take their word for it. They might not even know that their homeowner’s or renter’s insurance could be used to pay for your damages. The better option is to come to our firm and let us investigate the situation to see what policies are applicable, so you do not need to worry about how to gather evidence for your dog bite case.

Will the Dog Be Okay?

As an animal lover or dog owner yourself, you probably do not want the dog that bit you to get hurt, even though you are now suffering due to its aggression. Many of our dog bite clients tell us as much. They want to put the situation behind them, but they worry about what could happen to the dog if they file a claim against its owner. 

California law does not always require a dog to be destroyed after it bites someone. The decision is often up to a judge’s discretion. If the dog has not bitten anyone before, then the judge will be more likely to decide that it does not need to be destroyed, but the owner will need to take additional measures to ensure the dog is always restrained instead.

It is kind to worry about the dog that bit you and what could happen if you file a claim. However, at the end of the day when your damages are stacking up, you need to worry about yourself and what could happen if you do not take legal action.

How Long Do I Have to File My Dog Bite Lawsuit?

Figuring out the steps you should take immediately after a dog bite can be taxing, especially since you have a limited amount of time to file your dog bite lawsuit in California civil courts. Per California Code of Civil Procedure §335.1, the statute of limitations for personal injury lawsuits, including dog bite claims in El Dorado Hills, generally expires two years from the accident date. However, some situations may allow the statute of limitations to toll.

This occurs most often when victims have delayed diagnoses or are underage at the time of the accident. You may also be able to temporarily pause the statute of limitations if the dog owner or other liable party flees the state. Additionally, if the liable party happens to be a government agency or municipality, as described under California Government Code §911.2, the statute of limitations would expire just six months from the incident date.

What Happens if the Dog’s Owner Says I Provoked the Dog?

If the dog owner says you provoked the animal, it could have an adverse impact on your ability to maximize your compensation if the court agrees. If you are found liable for a portion of your injuries because you taunted, kicked, or otherwise provoked the dog to start behaving aggressively, your settlement could be reduced since California follows pure comparative negligence laws as described under California Civil Code 1714. While you may still be able to receive settlement funds, they will be reduced by your proportionate responsibility, which means you will miss out on compensation you might have otherwise been entitled to.

Does El Dorado Hills Have Dangerous Dog Laws?

Yes, El Dorado Hills has multiple dangerous dog laws as described under El Dorado County Ordinance 6.12.050. First, dog owners are required to report any instances of attacks, bites, or aggressive behavior to the El Dorado Hills Animal Services. Dog owners are also required to keep their animals confined to their property or on a leash at all times.

If a dog has been declared potentially dangerous, the court has the authority to order the dog to be neutered or spayed. The judge may also require the dog owner to secure general liability insurance coverage and for the dog to wear a brightly colored collar at all times. If the dog is declared dangerous, aggressive, or unruly, they are prohibited from visiting public dog parks.