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Exceptions to Strict Liability

1. Trespassing

   • If the victim was trespassing on private property, the owner may not be held liable.

2. Provocation

   • Liability may be reduced or eliminated if the victim provoked the dog, such as by teasing or harming it.

3. Working Dogs

   • Police or military dogs acting in the line of duty are often exempt from liability.

Common Injuries from Dog Bites in California

Dog bites can cause various injuries, some of which may have long-term consequences. Common injuries include:

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• Puncture Wounds: Deep wounds that may require stitches or surgery.

• Infections: Including rabies, tetanus, or cellulitis.

• Nerve Damage: Permanent loss of sensation or movement in affected areas.

• Scarring: Disfigurement that may require plastic surgery.

• Emotional Trauma: Anxiety, PTSD, or fear of dogs following the attack.

Steps to Take After a Dog Bite

If you are bitten by a dog, taking the following steps can protect your health and strengthen your legal case:

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1. Seek Medical Attention

   • Clean the wound immediately and seek professional medical care. Even minor bites can become infected.

2. Identify the Dog and Owner

   • Obtain the dog owner's contact information and confirm whether the dog’s vaccinations, particularly rabies, are up to date.

3. Document the Incident

   • Take photos of the injuries, the dog, and the location of the attack. Write down details about how the bite occurred.

4. Report the Bite

   • File a report with your local animal control agency. This creates an official record of the incident.

5. Preserve Evidence

   • Save medical records, receipts, and other documentation related to your treatment and recovery.

6. Consult an Attorney

   • An experienced personal injury attorney can guide you through the legal process and help you secure fair compensation.

Filing a Dog Bite Injury Claim in California

1. Proving Your Case

• Evidence is crucial to proving liability and damages. Key evidence includes:

  • Medical records and bills.

  • Witness statements.

  • Photos or videos of the injury and location.

2. Statute of Limitations

• In California, you have two years from the date of the dog bite to file a personal injury lawsuit. Missing this deadline can result in losing your right to compensation.

3. Damages You Can Recover

Victims of dog bites may be entitled to:

• Economic Damages: Medical expenses, lost wages, and future treatment costs.

• Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.

• Punitive Damages: In rare cases where the owner’s behavior was egregious, punitive damages may be awarded to punish them.

Defenses Used by Dog Owners

Dog owners may attempt to avoid liability by using these common defenses:

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• Provocation: Claiming the victim provoked the dog.

• Trespassing: Arguing the victim was unlawfully on the property.

• Assumption of Risk: Asserting that the victim knowingly took the risk of interacting with the dog.

An experienced attorney can help counter these defenses and build a strong case.

Why Work with a Personal Injury Attorney?

Dog bite cases can be complex, involving strict liability laws, evidence gathering, and negotiations with insurance companies. A skilled personal injury attorney can:

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• Evaluate the strength of your case.

• Collect and organize evidence.

• Negotiate with insurance companies to maximize your settlement.

• Represent you in court if necessary.

Working with a vetted attorney ensures you receive fair compensation for your injuries and losses.

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Conclusion

Dog bite injuries can have lasting physical and emotional impacts. California’s strict liability laws provide victims with a pathway to seek justice and compensation.

By understanding your rights, documenting the incident, and working with an experienced attorney, you can maximize your chances of a favorable outcome.

If you or a loved one has been injured in a dog bite incident, contact a vetted attorney to guide you through the process and help you recover the compensation you deserve.