San Francisco Dog Bite Lawyer

San Francisco has an estimated population of 232,000 dogs. The city’s demographic of young and rich residents who have shown little to no interest in wanting children has likely contributed to the popularity of owning a dog. With such a large number of dogs living in the area, it comes to no surprise that San Francisco has been declared as one of the worst cities for dog attacks. In 2020, there were reports of more than 14 dog attacks that took place, mostly towards mailmen who were trying to deliver mail or packages to the front door of a house. Since dogs have the role of acting as a security guard to protect their territory, they will act aggressively to intimidate strangers who appear in front of them.

As it is understandable for a person to want their dog to protect their property, it should be done to a certain extent. Dog owners are expected to train their dogs to act appropriately in situations where there is no danger or threat, such as in a setting where a person is casually walking nearby or when a mailman is delivering mail. If a dog fails to act calmly around these types of situations, then clearly, the dog owner must enforce obedience training to prevent the dog from harming innocent strangers.

If you or a loved one has suffered a dog bite in San Francisco, you may be eligible to recover compensation for your injuries. At West Coast Trial Lawyers, our experienced San Francisco dog bite attorneys will help you acquire recoverable compensation for your injuries. We are a law firm that specializes in personal injury law and our experienced legal team have successfully handled thousands of cases, delivering satisfactory results to our deserving clients. As a result of our dedication and compassion, we have recovered over $1.6 billion secured in settlements and our San Francisco personal injury lawyers vow to relentlessly champion your rights, making sure you get the legal help you need.

To schedule a FREE consultation, you can connect with us by calling (213) 927-3700 or filling out our convenient online contact form.

San Francisco Dog Laws

As dog bites can lead to serious injuries and  leave victims with a range of injuries, California has implemented several laws to combat any dog bite accidents and to deter any negligent behavior.  Should any dog owner be caught violating any of the following laws, they will be subjected to a series of tickets and penalties. 

• California Civil Code Section 3342: This regulation highlights the state’s strict liability rule for dog bite cases. The owner will be held liable for damages if their pet bites someone who is in a public space or lawfully on private property and victims are not required to prove whether the dog owner was negligent or a prior history of aggression.
• California Civil Code Section 3342.5: A dog owner must take reasonable steps to remove possible dangers their pet poses to others after it has bitten someone. If two separate cases have occurred, anyone, including the district or city attorney, can file a legal action against the owner in the specific county in which the bite occurred. Courts may impose measures, like confinement or relocation of the dog, to eliminate the danger.
• California Penal Code Section 399: Anyone who owns a mischievous animal, knowing its aggressive tendencies, and willfully allows it to interact freely with others can face criminal charges if it harms someone. If an individual sustains a serious injury, a misdemeanor or felony will be charged depending on the circumstances involved. And, if a death occurs, the dog owner will be guilty of a felony.

What Should I Do After I Have Been Injured in a Dog Bite Attack?

Being a victim of a dog bite can be a traumatic experience, and knowing the right steps to take in the aftermath can greatly aid in your recovery and any potential legal pursuits. If you or someone you know have been injured in a dog bite attack, it is imperative that you stay calm and do the following steps:

1. Seek Medical Attention:  Regardless of the severity of the bite, it is highly recommended to seek medical attention because medical professionals can properly address the wound and help prevent infections or other complications.
2. Obtain Information from the Dog Owner: Ask the dog owner for their contact information and inquire about the dog’s vaccination history, especially concerning rabies.
3. Document the Incident: Capture photographs of your injuries, the location of the occurrence, and, if possible, the dog itself. Also, jot down a detailed account of the incident, noting the circumstances surrounding the bite.
4. Reporting the Incident: Report the incident to the local animal control agency or police in San Francisco or the wider Bay Area, providing all the pertinent details to help in any future investigations or legal proceedings and keep the police report.
5. Gather Evidence: Save the clothes you were wearing at the time of the incident without washing them as they may serve as vital evidence in a legal pursuit. Also, hold onto any medical bills and related expenses as proof of the financial burden incurred due to the incident.
6. Seek Legal Advice: In the face of a dog bite injury, consulting with an experienced dog bite lawyer specialized in such cases can help you understand your rights and explore the potential for fair compensation in San Francisco and the Bay Area legal landscape.

Who Can I Sue After Being a Victim of a Dog Bite?

Determining who to hold accountable in the aftermath of a dog bite attack can be essential in seeking justice. After sustaining a dog bite injury, you have several potential avenues to pursue a legal claim. Here are the parties you might consider in a dog bite lawsuit:

Dog Owner

In many jurisdictions, including several states in the US, the primary person held legally responsible for a dog bite is the dog’s owner. Laws such as the “strict liability” doctrine in states like California hold the owner accountable, regardless of whether they were aware of the dog’s aggressive tendencies or not. This makes it comparatively straightforward to file a claim against a dog owner in such states.

Keeper or Handler

In some cases, a person who is temporarily looking after the dog (a keeper or handler) can be held responsible. This applies if the person had control over the dog at the time of the incident, and they were negligent in controlling the dog, thereby leading to the bite.

Landlords

Landlords can sometimes be held liable, especially if they allowed a tenant to keep a known dangerous dog on the property. In such scenarios, if the dog ends up biting someone, the landlord could be implicated in the legal proceedings, particularly if they were aware of the danger but did not take appropriate measures to prevent the incident.

Parents of Minors

If the dog owner is a minor, the parents or legal guardians of the minor can be held responsible for the injuries caused by the dog bite. They are expected to control and supervise the minor’s actions, including taking care of the pet.

City or Municipality

In rare instances, the city or municipality might share in the legal responsibility, particularly in cases where a stray dog that was not properly controlled or sheltered by the city bites someone. However, these cases tend to be quite complex and involve detailed legal intricacies.

Compensation a Dog Bite Victim Can Receive

Understanding the potential compensation that may come is vital for dog bite victims as they seek to recover both physically and financially. Here, we delve into the details regarding the types of compensations a dog bite victim might be eligible to receive:

Economic Damages

Economic damages are referred to as tangible losses that can be calculated for a specific monetary value. For example, medical expenses, lost wages, and property damage are all common financial losses in personal injury cases. The goal of economic damages is to make the accident financially whole for any financial costs that has accumulated due to the incident in question.

Non-Economic Damages

Non-economic damages are referred to as the intangible losses victims has suffered because of the accident. Due to the nature of non-economic damages, these damages are all subjective by nature and their impact and overall value will vary on a case-by-case basis. For instance, pain and suffering, emotional distress, and loss of enjoyment of life are all subjective losses that will affect everyone differently.

Strict Liability Law & San Francisco Dog Bite Victims

In California, and more specifically in San Francisco, the law operates under a strict liability doctrine when it comes to dog bites. This means that the dog owner is automatically held liable if their dog bites someone, regardless of whether the dog has shown aggressive tendencies in the past or if the owner was negligent in any way. Whether on public or private property, Here are the key benefits of the strict liability rule for victims:

1. Easier to Prove Liability
   • Victims are not required to prove that the dog owner was negligent or that the dog had a history of violence; it is enough to demonstrate that the bite occurred and that the defendant owns the dog.
2. No “One Bite” Rule
   • Unlike in some jurisdictions, California does not follow the “one bite” rule. The owner is liable even if it is the dog’s first instance of biting someone.
3. Faster Resolution of Cases
   • This often allows for quicker resolution of dog bite cases as it eliminates the need to investigate and prove owner negligence, thus expediting the legal process.
4. Potential for Higher Compensation
   • San Francisco dog bite victims might secure higher compensation given the ease of proving owner liability, facilitating claims for medical expenses, pain and suffering, lost wages, and other damages.
5. Peace of Mind
   • Knowing that the law is on their side can provide dog bite victims with a sense of justice and peace of mind during the recovery process.

It is important to note that California law 3342(a) applies when the victim is in a public place or lawfully in a private place, including the property of the dog owner. Speaking with an experienced San Francisco Dog Bite Lawyer will help you better understand California dog bite laws.

What Kind of Injuries Can Arise in Dog Bite Accidents?

Dog bites and dog attacks can indeed lead to very serious injuries, not just physically but emotionally and psychologically as well. It is a traumatic event that has repercussions on multiple facets of the victim’s life.

Physical Injuries

• Bruises: Caused by blunt force trauma from the dog’s teeth or body.
• Abrasions: Scrapes and scratches that might occur during the attack.
• Punctures: Deep puncture wounds inflicted by a dog’s sharp teeth, which might reach muscles or bones.
• Lacerations: These are deep cuts that can affect muscles, tendons, and even bones, requiring immediate medical attention.
• Fractures: The force exerted by a dog can sometimes be enough to break bones, especially in children or the elderly.

Infections

Dog mouths harbor a host of bacteria, and a bite can introduce these into the victim’s system, potentially leading to infections such as:

• Cellulitis: A common bacterial skin infection.
• Rabies: Although rare, it is a serious concern, particularly if the dog’s vaccination status is unknown.

Scarring and Disfigurement

• Scars: Permanent scars can form from bite wounds, requiring future medical interventions such as plastic surgery.
• Disfigurement: Severe attacks can lead to lasting disfigurement, impacting the victim’s appearance and self-esteem.

Emotional and Psychological Trauma

Dog attacks can leave lasting emotional scars, leading to conditions like:

• Post-Traumatic Stress Disorder (PTSD): Victims might experience flashbacks, nightmares, and severe anxiety.
• Phobias: Developing a fear of dogs (cynophobia) is common post a traumatic dog attack.

What Is California’s Statute of Limitations in a Dog Bite or Dog Attack Injury Case?

In California, the statute of limitations for filing a personal injury lawsuit, including those pertaining to dog bites or dog mauling injuries, is generally two years from the date of the incident. This means that as a victim, you have a two-year window to initiate legal proceedings against the dog owner or the party responsible. If they do not file a claim within that time frame then the statute of limitations will take into effect and the victim will no longer be able to recover compensation for their injuries.

West Coast Trial Lawyers is Here to Help

If you or a family member are a victim of a dog bite attack, you may be entitled to secure damages. At West Coast Trial Lawyers, our San Francisco personal injury lawyers are readily available to assist you all throughout the duration of your lawsuit. We are a personal injury law firm with over 20 years of experience and as a result of our hard work and dedication, we have recovered over $1.6 billion of financial compensation to our deserving clients. No matter what kind of injury you have sustained, our 24/7 legal team is available to help you with your claim and will be there every step of the way.  

To schedule a FREE consultation with our 24/7 legal team, you can get in touch with us by calling (213) 927-3700 or completing our easy online contact form.