Modesto Dog Bite Lawyer
In Modesto, dog bites may seem like an uncommon occurrence, but they happen more often than you think. Each day, nearly 1,000 people require emergency medical treatment for dog bite injuries, and roughly 12,480 dog bite victims are hospitalized from a preventable dog bite injury, according to DogsBite.org.
Fortunately, in Modesto, dog owners can be held liable under strict liability laws, and the attorneys at Maison Law Accident & Injury Lawyers of Modesto can use these laws to protect your right to compensation. We specialize in helping Modesto dog bite victims reach a successful conclusion to their dog bite incident. Our firm will negotiate a firm settlement on your behalf, as well as build a strong case if your dog bite incident goes to trial.
Don’t spend another second wondering what you could have done. Contact the Maison Law Accident & Injury Lawyers of Modesto today for a no-cost, no-obligation consultation and see what legal options are available.
When Do You Need a Dog Bite Lawyer?
Every dog bite situation is unfortunate, but whether or not you need a lawyer depends on your circumstances. Some dog bites aren’t that serious, in which case you probably don’t have to worry about legal action. However, other situations are quite traumatic and require further legal steps to recover. It’s here that our team can help. Usually, we approach dog bite cases by doing the following for our clients:
- Investigating the incident and explaining your legal options
- Assisting you in gathering crucial evidence and reviewing insurance policies to determine liability
- Connecting you with medical experts
- Guiding you through the claims process
Our top priority is making the process easier for you and your family. Certainly, you don’t want to go through a dog bite incident. but the truth is any dog can potentially react aggressively in certain situations. Thus, you need to be prepared and it helps to understand the process.
Typical Dog Bite Damages
Regardless of the circumstances, it’s important to act quickly after a dog bite. Injuries and complications are something that can happen with these incidents. Legally speaking, though, you can potentially recover the following damages in a dog bite claim:
- Medical expenses and ongoing treatment, such as physical therapy.
- Costs relating to any permanent injury or scarring.
- Financial considerations for pain and suffering.
- Support for emotional distress.
- Lost earnings or income.
- Coverage for any property damage from the incident.
- Punitive damages if the dog owner’s behavior was extremely careless.
Like any claim, what you’re able to recover depends on how well you present your case. But a dog bite, at least in legal terms, is unique in how it applies to liability.
Support for Parents After a Child Is Bitten
Finding Support After Suffering a Dog Bite at a Family Member’s Home
How Much Is a Dog Bite Lawsuit Worth?
There is no exact settlement amount for a dog bite claim since each incident varies significantly on various factors such as:
- Extent of damages
- Medical treatment needed
- Insurance coverage limit
- Determination of fault
However, settlements will generally fall into the following three categories based on the severity of the incident:
- Low Settlements: Minor accidents with little to no injuries can result in a low settlement in the low thousands to cover damage done to your property and medical bills to treat minor injuries like cuts, bruises, and scrapes.
- Moderate Settlements: Moderate settlements can range anywhere from $10,000 to $100,000. These dog bite cases usually involve medical treatment for significant injuries, some missed work, and longer recovery periods. Injuries for moderate settlements may include broken bones, torn ligaments, or soft tissue damage. These injuries may require some form of surgery.
- High Settlements: High settlements typically involve dog bite incidents with severe injuries, long-term medical treatment, permanent disabilities, or fatalities. Settlements can be substantial, potentially reaching hundreds of thousands of dollars and up to millions of dollars.
Common Dog Bite Injuries
Dog bites remain a significant public health issue as they become more frequent each year. According to the American Veterinary Medical Association, an estimated 4.7 million people are bitten by dogs every year in the United States, with an estimated 800,000 requiring medical attention.
If you’re bitten by a dog, the most important thing you can do is remove yourself from the dog’s presence. Next, you should check yourself for injuries. The most common injuries that result from a dog bite include:
- Lacerations
- Abrasions
- Puncture Wounds
- Organ Damage
- Nerve Damages
Even if you’ve only discovered that your injuries are minor, it is always important to seek immediate medical attention and contact animal control or the police. Even minor dog bites can contain bacteria that could lead to serious health problems if left untreated. If you have questions about your legal standing after a dog bite, or need help accessing medical care, contact us today for a free case review. Our door is always open to those in need in the Modesto community.
Dog Bite Severity in Modesto Dog Bite Cases
A major factor in determining the value of a dog bite case is the level of dog bite severity. Usually, the more severe a dog bite is, the higher the settlement. Dog bite severity is graded on the Dunbar Bite Scale, which includes the following levels:
- Level 1: Aggressive behavior, but no skin contact. This could mean the dog was growling, showing its teeth, or snapping at someone.
- Level 2: Teeth make contact with a victim but does not break their skin. A dog will typically do this when it is stressed or uncomfortable. The result is usually teeth marks on the victims without breaking the skin.
- Level 3: A single bite with shallow wounds. Level 3 dog bites are defined by the number of punctures from a shallow bite, with no bite going deeper than half the length of the dog’s canine teeth. For a level 3 dog bite to occur, a dog must move beyond warning behavior and inflict minor to moderate injury.
- Level 4: A single bite with deep wounds. A level 4 bite consists of one to four deep punctures of a person’s skin, with at least one puncture deeper than half the length of the dog’s canine teeth. These are dangerous bites, as the dog may shake its head while biting, refusing to let go.
- Level 5: Level five bites are similar to level four, only they have multiple bites that occur during the attack. Dogs responsible for level 5 bites are considered dangerous and may need rehabilitation.
- Level 6: This level results in the death of a victim, or flesh consumed. Dogs who commit level 6 bites are not safe to be around humans or other animals. In these rare cases, authorities will determine if euthanasia is necessary.
Who Pays For Damages After a Dog Bite?
In terms of who pays for your damages after a dog bite in Modesto, the city follows the same laws and regulations as the rest of California. Namely, the law follows “strict liability” for dog bites. This means that:
- Owners are held responsible for injuries caused by their dogs, regardless of intent.
As a victim, this means that the dog’s owner is the one who’s primarily responsible for paying for your injuries and other damages resulting from the incident.
However, there are exceptions to strict liability. This may happen if you:
- Were trespassing on the owner’s property.
- Provoked the dog.
Legally speaking, this amounts to “comparative negligence,” which potentially reduces your damages by the percentage of fault you contributed to the incident.
How Maison Law Accident & Injury Lawyers of Modesto Can Help
We understand how overwhelming the legal process can seem after a dog bite. Many injured dog bite victims we help in Modesto are typically hesitant to take legal action because they don’t want to sue a dog owner.
But with us, it’s important that you know we never sue individual people, only the insurance company. So, even though the owner of the dog who bit you will be held responsible, we will be seeking compensation through their insurance policy, not their personal assets. With our legal representation, we will file a lawsuit on your behalf against the liable party to recover the full extent of the following damages:
- Special Damages: medical bills, ongoing treatment, costs that accumulate when you’re unable to work, like rent or mortgage payments
- General Damages: these are non-economic hardships like pain and suffering, anxiety, depression, mental trauma
- Wrongful Death Damages: these damages may be sought by a spouse or close relative for funeral arrangements, burial expenses, and medical treatment before a loved one’s death
- Punitive Damages: these damages are rare, but if the dog owner engaged in reckless behavior with the intention of hurting you, such as training the dog to harm you or knowingly putting you in harm’s way, then you could sue for punitive damages
In most cases, the more severe your injuries and the longer they impact your life, the greater your compensation will be. Give us a call at your earliest convenience, and we’ll help you understand the value of your case.
Modesto Dog Bite Liability Law
California Civil Code Section 3342(a) states that the owner of any dog is liable for damages caused by a dog bite. Even if the dog has not shown any aggressive behavior in the past, the owner is still liable.
California is a strict liability state, so it does not matter whether the dog owner was careless or not; they are still liable if their dog bites another person. The law also states the owner is liable if the victim is bitten on public or lawfully private property.
Basically, if someone else’s dog bites you, the dog owner is most likely going to be financially responsible for your dog bite injuries. This is true regardless of whether the dog owner was acting carelessly or not. However, there are exceptions to this rule. If you were provoking or harassing the dog in any way, then your financial recovery will be reduced by your percentage of fault. Fault does not keep you from receiving compensation if you are injured in a dog bite incident, as stated in Comparative Negligence Law.
Premise Liability in Modesto Dog Bite Cases
When a dog bite occurs on someone’s property, the property owner could be sued for premises liability, depending on the circumstances. In this section, we’ll cover scenarios where a property owner could be found liable for a premises liability if their dog bites someone.
California law states that property owners have a duty of care to maintain a safe environment for visitors. This includes taking the necessary steps to prevent foreseeable harm. This can extend to dog bites, where a property owner might be held liable for the following scenarios:
- Knowledge of a dangerous dog: if the property owner knew their dog was dangerous and failed to warn visitors, they could be held responsible.
- Failure to enforce lease agreement: If a landlord allows a tenant to keep a dog, even though it violates the lease agreement, and the dog injures someone, the landlord could be held responsible.
- Careless security: If a property owner does not secure a dog or post warning signs, and the dog attacks someone, they can be held liable.
- Failure to remove a known threat: If a landlord received complaints about a dangerous dog and failed to act, they could be held responsible.
When is a Dog Owner NOT Liable for Their Dog Biting Someone?
If someone is bitten while lawfully on another person’s property or in a public space, they can take legal action against the dog owner. However, there are exceptions when dog bite victims are not entitled to compensation. These exceptions apply if:
- The victim was trespassing or was not legally permitted to enter the property: trespassers may not be entitled to compensation for a dog bite, but the owner may still be at fault if they failed to restrain the dog or provide proper warning, even for trespassers.
- The victim provoked the attack: victims who are bitten due to harassing, striking, or annoying the animal may not be entitled to full compensation.
- The victims knew there was a risk of being bitten: veterinarians, kennel workers, and other dog-care professionals may not be entitled to compensation after a dog bite because they assume the risk by working in that specific field.
- The dog was a law enforcement dog: dogs operating at a crime scene or helping law enforcement are considered government entities and are protected from personal injury lawsuits. Unless the victim was an innocent bystander, it will be difficult to receive compensation for a dog bite from a government dog.
Comparative Negligence in Modesto Dog Bite Incidents
If you’re bitten by a dog in California, the state’s Comparative Negligence Law allows for your compensation to be reduced by a certain percentage at which you are found at fault. For example, your compensation can be reduced if you are found liable for any of the following:
- Provocation: if the dog bite victim provoked the dog or engaged in aggressive behavior
- Trespassing: if the victim was bitten due to unlawful trespassing on the property
- Assumption of risk: if you’re aware of the risk of interacting with a dangerous dog
- Contributory negligence: you acted in a careless manner, which resulted in the dog bite
- Lack of causation: the owner’s actions did not cause the bite to occur
If you are partially at fault for any of the above reasons, then a jury or judge will assign you a percentage of fault to both you and the dog owner, reducing your compensation accordingly. For example, if you’re found 30% at fault, and you’re awarded $100k, then you’re reward will be reduced by 30%. This will leave you with $70k in compensation. So, even if you are partially to blame for your dog bite injury, you should not be dissuaded from seeking legal representation through Maison Law Accident & Injury Lawyers of Modesto.
Proving Modesto Dog Bite Liability
In order to recover damages from a dog bite, the victim must prove:
- The dog was owned by the defendant
- The bite took place on public property, or the victim had a lawful right to be on private property when they were bitten
- The victim suffered an injury as a direct result of the dog bite
When a claim is filed for a dog bite incident, evidence is typically how these cases are determined. At Maison Law Accident & Injury Lawyers of Modesto, we understand that evidence is the foundation on which your dog bite case stands. It provides a factual baseline to establish liability against the dog owner, demonstrate the extent of your injuries, and justify the compensation you are owed.
The evidence we gather for the majority of our injured dog bite victims includes:
- Documentation from animal control
- Police reports
- Eyewitness statements
- Video surveillance of the attack
- Medical records (pre and post-dog bite)
- Copy of the dog owner’s insurance policy
- Prescription drug costs, bank statements, and other out-of-pocket expenses
- Pictures of the wound and where the incident occurred
Where Do Dog Bites Occur in Modesto?
Dog bite incidents in Modesto are most common in off-leash dog parks. These parks often feature no-leash areas surrounded by fencing, but are large enough to allow even the most energetic dogs to run around to their heart’s content. Leash-free dog parks in Modesto include:
- Modesto Dog Park
- BARK Dog Park
- Elk Dog Park
- Lathrop Dog Park
Unfortunately, some dogs can get overstimulated around different people or areas where they have more freedom, and end up biting someone. In these situations, the dog owner is liable for damages caused by their dog, not the dog park.
The following are places where dog bites in Modesto most commonly occur:
- City Parks and Recreation areas: Parks are high foot traffic areas, increasing bite risk, especially for small children.
- Neighborhood Sidewalks and Streets: Dogs can get loose or escape their yards, making strangers seem like trespassers to a dog’s perceived “territory,” resulting in a dog bite.
- Private Residences: Guests who have been invited to another person’s house could set off a dog that is not used to “strangers.”
How Modesto Law Defines a Vicious Dog
The majority of dogs you’ll see in Modesto are incredibly friendly. Many residents in Modesto bring their dog to Modesto Dog Park or Elk Park without incident. However, when a dog bite does occur, the city may label the dog as vicious, depending on how the bite occurred.
As defined by the City of Modesto, vicious dogs can be considered a nuisance, and action by the city will have to be taken, depending on the situation.
The city defines a vicious dog as any dog, except one assisting a peace officer engaged in law enforcement duties, that behaves in the following way:
- An attack that requires a defensive action by any person to prevent bodily injury or property damage when such person is conducting themselves in a peaceful and lawful way.
- An attack that results in property damage or injury to a person.
- An attack on another animal, livestock, or poultry that occurs on property other than that of the owner of the dog.
- Any behavior that constitutes a threat of bodily harm to a person.
How California Classifies Vicious Dogs
While Modesto’s definition of a vicious dog is similar to California’s definition of a vicious dog, the state law sorts dogs into two categories after they’ve harmed a person. These classifications help prove liability and allow for higher settlement amounts if excessive carelessness caused the dog bite injury.
California dog classifications are as follows:
- Potentially dangerous: A potentially dangerous dog is one that has engaged in harmful behavior before and has elicited a defensive action from a person at least twice in the last 36 months. Or if a dog has bitten someone and caused semi-severe injuries. In addition, dogs that have bitten, killed, or injured another domestic animal on two separate occasions are considered potentially dangerous.
- Vicious: Dogs that have inflicted severe injuries or killed a person in an aggressive manner when unprovoked are considered vicious. If a dog continuously exhibits potentially dangerous behavior, then they can be labeled vicious after a number of offenses.
Modesto Pet Limitation Law
Citizens of Modesto are, unfortunately, at a high risk of dog bite injury due to the City of Modesto having one of the lowest pet limitation laws in the United States. Under Article 2 of the Modesto Municipal Code, households in Modesto are only allowed two dogs, while even neighboring cities like Turlock and Ceres are allowed three. So, with such strict dog limitation laws, many dogs are left in overcrowded shelters, according to The Modest Bee, or to fend for themselves in the streets.
This can have a negative impact on many dogs’ behavior if they are sent to shelters, or even worse, left to survive in the wild. These environments can result in more aggressive dogs, resulting in a stronger likelihood of dog bites occurring in Modesto.
Contact a Modesto Dog Bite Lawyer
Dog bites can be extremely traumatic and costly. By law, injured dog bite victims have the right to hold dog owners responsible for damages done to their lives through a lawsuit. The word “lawsuit” tends to have a negative connotation, implying years of legal battles and financially going after other individuals. But at Maison Law Accident & Injury Lawyers of Modesto, we make the process of reaching a successful outcome easy.
We have the legal resources to get your case resolved and get the financial results you need quickly and efficiently. Get your life back on track after suffering a dog bite injury by contacting us today for a free consultation and case evaluation.