Roseville Dog Bite Lawyer
Dog bite injuries vary widely, from a minor scratch on the arm to vicious, life-threatening wounds. Unfortunately, dog bites are not rare. In fact, hundreds of thousands of people head to the emergency room each year to receive treatment for a bite.
If you or someone you care about has been attacked, contact the Law Office of Brian P. Azemika today. Dog bites often cost tens of thousands of dollars to treat, and the emotional after-shocks can be powerful. Our clients deserve compensation for their losses, and dog owners must be held accountable.
Is the Dog Owner Liable for the Attack?
California is a strict liability state when it comes to dog bites. In fact, the Golden State has one of the most demanding dog bite statutes in the country. Unlike other states, California dog owners can be legally responsible even if the dog has no history of being aggressive.
California Law Section 3342 is the starting place for analyzing liability. This law states that the owner is liable for damages suffered by a person bitten in public or while lawfully on private property, including the dog’s residence. A person is lawfully on the owner’s property when they are performing a government job, such as hooking up utilities, or when invited onto the property by the owner.
The law has some limitations, however. It doesn’t apply if you were injured by a dog jumping on you or pushing you over. Instead, you would need to look at the general law of negligence to see if the owner used reasonable care to restrain the dog. The statute also will not cover someone who provokes a dog, such as by throwing rocks at it.
Who Else Might Be Liable for a Dog Bite?
Sometimes the dog is in the possession and control of another person. For example, the dog might be stored at a kennel when it escapes. If the kennel failed to use reasonable care, then anyone injured by the dog could sue them.
The same is true of landlords. A landlord might agree to watch a tenant’s dog, or the landlord’s property could be in disrepair, allowing the dog to escape. For example, a backyard fence could be falling apart, which allows the dog to wander the neighborhood and bite people. In these situations, the landlord might be sued.
What is Fair Compensation for a Dog Bite?
A settlement should provide money to cover the cost of your medical care and replace any income lost if you couldn’t work while recovering. Dog bites also cause considerable pain and suffering, so damages for those losses should be included. Most settlement claims are brought against the owner’s home or rental insurance policy.
According to the Insurance Information Institute, the average dog bite settlement in 2020 was $50,425. However, this amount is only an average, so it is a good starting point for thinking about your own settlement. An experienced Roseville dog bite lawyer will analyze the unique facts of your case to determine a good settlement.
If a loved one was mauled to death, then we must consider bringing a wrongful death action. This is similar to a regular dog bite claim, but it compensates surviving family members who lost a loved one in an attack.
Dog Bite Injuries Require Immediate Treatment
Dog bites are very dangerous. Even if you think the dog only nicked or scratched you, we encourage you to take the bite seriously. Some of the more common injuries include:
- Lacerations, cuts, or puncture wounds. A dog that sinks its teeth into you can leave dozens of punctures and can tear the skin.
- Soft-tissue injuries. A dog’s powerful jaws can shred, tear, and stretch muscles, ligaments, and tendons.
- Nerve damage. The dog’s teeth can injure any part of a nerve, sometimes permanently.
- Fractures. Some breeds are powerful enough to crack or crush bones in its jaws. You will need the bone set so it can heal properly.
- Infection. A dog has countless germs in its mouth, which can be transferred into your bloodstream when bitten. Watch your wounds carefully—any wound that is red or oozing pus could be infected.
- Rabies. This is a deadly condition, but a doctor can give you a shot to prevent serious complications.
Stop any bleeding by applying pressure and, most importantly, get to the hospital, where a medical professional can assess the injury. Even minor dog bites often require stitches, antibiotics, and painkillers.
Contact a Roseville Dog Bite Lawyer to Learn More
Insurance claims require extensive documentation and paperwork, but a lawyer can ease the process considerably. Speak to the Law Office of Brian P. Azemika today to schedule a free consultation.
Brian Azemika fought for me when others thought my case was a lost cause. Brian Azemika took over my case with only a few weeks to prepare prior to trial. His knowledge and expertise showed in how he prepared me for my testimony at trial. He also had a great presence in the courtroom and really connected with the jury during the entire trial. He did such a great job in the eyes of the jury that many of them approached him after the trial and asked him for his business card. Thanks to Mr. Azemika, the jury returned a verdict for $400,000.00, which was amazing since the settlement offer from the insurance company was for only $45,000.00 on the first day of trial. I am so glad that Brian Azemika was my trial attorney.