We understand that a dog bite/dog attack can instantly turn a pleasant day into a traumatic experience, leaving victims with severe injuries and emotional scars. In California, where dog bite incidents are alarmingly common, victims are entitled to seek justice under strict liability laws. Dog bites can result in significant injuries, such as nerve damage, disfigurement, and even death, often requiring extensive medical care and long-term psychological support.

Whether you or a loved one has been injured by a dog, The Schenk Law Firm is here to help you navigate this challenging time. Our compassionate and experienced legal team is dedicated to ensuring that you receive the full compensation you deserve for your pain, suffering, and financial losses. With our commitment to protecting your rights and holding negligent dog owners accountable, we stand by your side every step of the way, so you can focus on your recovery and reclaim your peace of mind.

In 2023, Frederick Schenk obtained the largest dog attack verdict in San Diego County.

Why Choose The Schenk Law Firm?

• Extensive Experience: Our attorneys have successfully represented countless dog bite victims, securing favorable outcomes both in trial and through settlements, ensuring that justice is served. We have the experience needed to handle even the most complex dog bite cases, ensuring that those responsible are held accountable.
• Personalized Attention: Each of our clients has a unique story to tell. Our job is to understand and tell it. You are not just another case. We take the time to understand your story and craft a legal strategy that’s tailored to your specific needs. We stand with you every step of the way, providing the advocacy and support you need during this difficult time.
• Comprehensive Investigations: When we take on your case, we begin by conducting thorough investigations to aggressively gather critical, relevant evidence including accident reports, witness statements, and analyses. This allows us to build a strong case and identify all liable parties, which can be used in negotiating a just settlement or while representing you in trial.
• Relentless Advocacy: We relentlessly pursue justice for our clients. We will not rest until we have explored every reasonable avenue to maximize your compensation. Your recovery is our top priority, and we fight tirelessly to ensure your rights are protected, holding those at fault responsible for their actions and securing the resources you need to recover for your losses.
• No Upfront Fees: We believe that financial concerns should never prevent you from getting the legal help you need. That is why we work on a contingency fee basis. We take on all the upfront financial risks of litigation. You do not pay, and we are not compensated, until we recover for your losses, through either settlement or trial. This ensures that you can focus on your recovery without the burden of paying legal fees before your case is resolved.

Common Causes of Dog Bites/Dog Attacks

Dog bites/dog attacks can happen for various reasons, often due to negligence or a lack of control by the dog owner. Common causes include:

• Negligent Supervision: Owners failing to monitor their dogs, especially around strangers or children, can lead to unprovoked attacks.
• Improper Restraint: Dogs that are not leashed or confined properly may become aggressive when encountering unfamiliar people or animals.
• Territorial Behavior: Dogs may bite to protect their territory, resources, or their owners, especially if they feel threatened by the presence of others.
• Lack of Socialization: Dogs that are not properly socialized may react aggressively to unfamiliar people or situations.
• Health Issues: Pain or illness in a dog can lead to unpredictable and aggressive behavior.

Steps to Take After a Dog Bite/Dog Attack

Taking the right steps after a dog bite can significantly impact the outcome of your case:

1. Ensure Safety: Move to a safe location away from the dog to prevent further injury. Prioritize your safety and remain calm.
2. Seek Medical Attention: Even if the bite seems minor, seek immediate medical attention. Dog bites can lead to infections or other complications, so it’s crucial to document your injuries.
3. Document the Incident: Take photos of your injuries, the location where the bite occurred, and the dog if possible. If there are witnesses, obtain their contact information.
4. Report the Incident: Report the dog bite/dog attack to local animal control or the relevant authorities. Ensure that an official report is filed, which can serve as important evidence in your case.
5. Avoid Speaking with the Dog Owner’s Insurance: Refrain from discussing the incident with the dog owner’s insurance representatives without consulting a lawyer first. Anything you say could be misrepresented by the insurance carrier.
6. Contact The Schenk Law Firm: Promptly reach out to our experienced dog bite attorneys to discuss your case and explore your legal options. Depending on your individual circumstances, California law may limit the amount of time you have to file a claim or lawsuit.

Proving Your Dog Bite/Dog Attack Claim

A dog bite/dog attack victim cannot recover any compensation if they cannot establish the dog’s ownership. Animal control records often include registration cards, which provide the name and address of the dog owners. Additionally, to secure compensation for a dog-related injury, it’s crucial to prove that the other party’s negligence caused the incident. This involves establishing four key elements:

• Duty of Care: The dog owner had a legal obligation to prevent their pet from causing harm. All pet owners are required to exercise reasonable care to prevent harm to others.
• Breach of Duty: The dog owner failed to uphold this duty of care. This breach can be demonstrated through evidence such as witness statements, photographs, and medical reports.
• Injury: You must show that you sustained injuries as a direct result of the dog bite/dog attack. This can be substantiated with animal control records, medical records, bills, and testimony.
• Causation: It must be shown that the dog owner’s breach of duty was a substantial factor in causing your injuries. In other words, the attack and your resulting injuries would not have occurred if not for the owner’s negligence.

Can I Sue the Owner of a Dog That Bit Me?

In California, dog bite laws are particularly strict, holding dog owners liable for bites, even if the dog has never shown aggressive behavior before. This means that if you were bitten by a dog, you likely have the right to sue the owner for damages. However, there are a few exceptions to this rule:

• If you were trespassing on the property where the bite occurred.
• If you provoked or harassed the dog in any way.
• If your occupation puts you at higher risk for dog bites, such as being a dog trainer or veterinarian.
• If the dog was carrying out its duties as a police or military dog at the time of the incident.
  

Unlike some neighboring states where dogs might get a “free pass” for a first-time bite, California law does not offer this leniency. If none of the exceptions apply to your situation, you are likely entitled to pursue legal action and seek compensation for your injuries.

How Long After a Dog Bite/Dog Attack Can You Sue?

If you’ve been bitten or attacked by a dog, it’s important to know that you generally have two years from the date of the incident to file a lawsuit for your injuries. After this two-year period, you lose the legal right to seek compensation, regardless of the severity of your injuries.

To protect your rights and strengthen your case, it’s advisable to file a claim as soon as possible. Delaying action can weaken your case, as crucial details may fade over time, potentially diminishing the value of your claim. By acting quickly, you can ensure that the specifics of the incident are well-documented, giving you the best chance of achieving the compensation to which you are entitled.

California’s Strict Liability Law

California’s strict liability law makes dog owners responsible for injuries their pets cause, regardless of the dog’s past behavior or the owner’s knowledge of any aggressive tendencies. This law is designed to protect victims and simplify the process of securing compensation by eliminating the need to prove the owner’s prior knowledge of the dog’s aggression.

Types of Dog Bite/Dog Attack Cases We Handle

Children are particularly at risk, with 51% of dog bite victims being children, especially those between the ages of 5-9. In some cases, dog attacks can be fatal, particularly for children and the elderly.

The Schenk Law Firm has years of experience handling a wide range of dog-related cases, including:

• Severe and Disfiguring Injuries: Representing clients who have suffered deep lacerations, nerve damage, and permanent scarring.
• Psychological Trauma: Advocating for those dealing with PTSD, anxiety, or depression as a result of a dog attack.
• Child Victims: Fighting for children who are particularly vulnerable to severe injuries from dog bites, ensuring they receive the compensation necessary for their recovery.

Injuries Associated with Dog Bites/Dog Attacks

Dog bites can lead to a wide range of injuries, some of which may have long-lasting or permanent effects. Understanding the nature of these injuries is essential for building a strong case and ensuring you receive the compensation to which you are entitled. Common injuries include:

• Soft Tissue Injuries: Dog bites commonly cause deep lacerations and puncture wounds that can result in significant pain, stiffness, and reduced mobility. These injuries may require extensive medical treatment, including stitches, surgeries, and physical therapy.
• Severe Bone Fractures: Dog attacks can result in broken bones, ranging from minor fractures to severe breaks that require surgery. Recovery can be lengthy, involving immobilization, physical therapy, and sometimes permanent disability.
• Infections: The bacteria from a dog’s mouth can cause severe infections such as cellulitis, which may require antibiotics or even hospitalization. These infections can lead to further complications if not treated promptly.
• Nerve Damage: A dog bite can sever nerves, causing permanent loss of sensation or motor function in the affected area. This type of injury often requires specialized medical care and may lead to long-term disabilities.
• Psychological Impact: Beyond physical injuries, dog bite victims often suffer from significant emotional and psychological distress. Conditions such as anxiety, post-traumatic stress disorder (PTSD), and depression are common and may require professional mental health treatment.

Who is Liable in a Dog Bite/Dog Attack?

Determining liability in a dog bite case can be complex, as it may involve multiple parties. Schenk Law conducts thorough investigations to identify all responsible parties and ensure they are held accountable. Potentially liable parties include:

• Dog Owner: The primary party responsible for controlling the dog and preventing the bite.
• Property Owner: If the attack occurred on the property of someone other than the dog’s owner, the property owner may share liability.
• Landlord: In cases where the landlord knew of a dangerous dog on their property and failed to take action, they may be held liable.
• Third Parties: In some instances, other parties may contribute to the circumstances leading to the bite, such as a pet sitter or caretaker who failed to properly manage the dog.

Dog bites can turn a pleasant outing into a nightmare. California led the nation in insurance claims due to dog bites in 2021, with many victims suffering serious injuries that required hospitalization. If a person is bitten by a dog while lawfully on someone’s property or in a public place, California Civil Code 3342 gives them the right to sue for their injuries and subsequent medical bills.

California’s Comparative Negligence Law

California’s comparative negligence law allows you to recover compensation even if you are partially at fault for a dog bite incident. Under our legal framework, your compensation will be reduced by the percentage of fault attributed to you. For example, if you are found to be 20% at fault and your total damages amount to $100,000, you would receive $80,000. This law ensures that you can still pursue compensation for your injuries, even when fault is shared.

Insurance Company Negotiations

Dealing with insurance companies can be one of the most challenging aspects of a dog bite claim. Insurance adjusters often aim to minimize payouts, offering settlements that are far below what you deserve. The Schenk Law Firm takes on the burden of negotiating with insurance companies on your behalf. Our decades of experience allow our attorneys to skillfully calculate the full value of your claim and ensure that you only accept a settlement that fairly compensates you for your injuries and losses.

Seeking Justice and Compensation

No amount of money can ever truly compensate for the trauma and injuries caused by a dog bite or attack. However, pursuing legal action can offer financial relief and a sense of justice for you and your loved ones. The Schenk Law Firm is committed to guiding you through this challenging process with compassion and experience, ensuring that you receive the compensation to which you are entitled.

(FAQs)