26+ Years of Experience as a Dog Bite Attorney Serving Bakersfield, California

What is your recourse if an aggressive dog bites and injures you in the Bakersfield area? After a medical professional has treated you, schedule a consultation with a Bakersfield dog bite attorney at The Paris Firm to discuss your options and your right to pursue compensation.

The Centers for Disease Control and Prevention says that dogs bite more than 4 million people each year in the U.S. and that more than 800,000 victims annually seek medical attention. Children are half of all dog bite victims. Seniors are the second largest victim group.

California allows dog bite victims to sue dog owners for injuries caused by their dogs. If a dog bites and injures you in Kern County, a Bakersfield dog bite lawyer at The Paris Firm can fight for the compensation you require for your medical expenses and related damages.

What Constitutes a Dog Bite in California?

Dogs use their formidable jaws and teeth to rip into food and flesh, but California law stipulates a broader definition of what constitutes a dog bite. A dog bite legally occurs in this state when:

1. A dog’s teeth make contact with a person’s clothes or skin.
2. The dog’s jaw closes around the person, even if it doesn’t break the skin.
3. The bite directly or indirectly causes an injury, such as a fall resulting from the attack.
4. The victim suffers trauma from the attack, even with only minimal physical injury.

Even a minor dog bite may qualify the victim for compensation under California law. If you’re not sure, a Bakersfield personal injury attorney at The Paris Firm can help you determine if you legally qualify as a dog bite victim.

What Can Happen if a Dog Bites You?

Dog bites often cause a considerable loss of blood and may cause nerve damage, muscle and tissue injuries, and disfigurement. If a dog shows symptoms of rabies or can’t be found after biting someone, a doctor may order a rabies vaccination.

Dogs can also pass harmful bacteria through their saliva, which can lead to staph or strep infections and serious diseases such as rabies, cellulitis, and meningitis. Without prompt medical attention, these conditions can be catastrophic and, in some cases, fatal.

Dog bites sometimes require skin grafting. Many victims face a long road to recovery. For some, recovery may require multiple surgeries and extensive therapy. Most victims of serious dog bites will need to pursue compensation for the exorbitant costs of long-term care and treatment.

What Breeds Are the Most Aggressive?

Some dog owners insist that no breed is more or less likely to bite than others, but those who are both dog owners and homeowners know insurance companies don’t favor breeds that are likely to generate injury claims.

Every study of dog bites affirms that the most aggressive breeds are pit bulls, Rottweilers, Doberman pinschers, and German shepherds, but any dog may be provoked. If you don’t know a dog, even a beagle or a chihuahua, you should presume it is dangerous until you are sure it isn’t.

How Does Strict Liability Work in California?

In many states, the “one bite rule” makes a dog owner liable for bite-related injuries when the owner knew or should have known the dog was aggressive. To recover compensation in these states, a bite victim must prove the dog’s owner knew the dog had previously bitten someone.

But if an aggressive dog bites you in the Bakersfield area, unless an exception applies, the legal doctrine of strict liability puts California law on your side. In most cases, strict liability makes a dog’s owner responsible for any damages caused by a dog that bites.

Dog owners should understand California’s strict liability law and their homeowners’ insurance policy. Even if a dog has no history of biting or aggression and the owner did not know the dog’s aggressive tendencies, under strict liability in California, the owner is still liable for a dog bite.

What Are the Exceptions to Strict Liability?

A dog bite is almost always the result of an owner’s carelessness, but if a dog bites you in Kern County, strict liability means you do not have to prove the dog’s owner was negligent.

To prevail with a personal injury lawsuit, a victim only has to prove the dog bite happened while they were on public property or legally on private property. But there are several exceptions to California’s strict liability law. A dog bite injury lawsuit may not prevail if the victim:

1. was bitten by a police dog in the line of duty
2. was trespassing on property belonging to the dog owner
3. provoked the animal or willingly assumed the risk of a dog bite

In other words, to prevail with a personal injury claim based on a dog bite in California, victims must prove only that they were not trespassing, did not provoke the dog, and the dog was not a police dog.

In cases that involve animals, strict liability in California applies only to dog bites. If a dog or another animal attacks you or injures you in some other way, your claim will be like any other personal injury claim in California, and to prevail, you’ll have to prove that the animal’s owner was negligent.

Can You Know When a Dog Will Bite?

Although dog bite victims have legal recourse, it’s better to avoid a dog bite if you can. When a dog is about to bite, it usually displays specific warning signs. Every parent needs to teach their children these warning signs. Not every dog displays these signs, but most dogs that are about to bite:

1. bare their teeth
2. growl and/or bark menacingly
3. go rigid
4. lift their lips
5. raise the hackles on their necks and backs

There is no guaranteed way to prevent or stop a dog from biting. If you do not know a dog, don’t make eye contact, come near it, or try to touch or pet it without the owner’s consent. Remain calm and still. Screaming or running could be a provocation. If a dog bites you or your child, go to a hospital’s emergency room or call for paramedics at once.

Why Do Dogs Bite?

Dogs bite people for several reasons, but a dog bite is usually a reaction to one of these situations:

1. The dog feels scared or senses a threat.
2. The dog is defending itself or its territory.
3. The dog is guarding something valuable to it, like food, puppies, or a toy.
4. The dog is injured, sick, or in pain.

Everyone has seen dogs nip and bite while being playful, but this can be dangerous if the dog is not properly managed.

What Should You Do When a Dog Bites?

A dog bite requires immediate care to prevent infection. One in five dog bites becomes infected. Wash the victim’s wounds immediately with soap and water for 5 to 10 minutes, apply antibiotic ointment, and seek medical attention.

Watch for signs of infection: redness, swelling, increasing pain, or fever. Ask the owner about the dog’s vaccination status. Rabies and tetanus pose serious risks and may require vaccination.

Make and store copies of all legal, medical, and insurance documents related to a dog bite. If others saw what happened, try to get their names and personal contact details. If you pursue a personal injury claim, your dog bite attorney may need their statements or testimony.

When Should You Call The Paris Firm?

California enforces a strict two-year statute of limitations for personal injury cases arising from dog bites. The deadline is two years from the date of the dog bite incident. But do not wait two years to schedule a legal consultation with a Bakersfield dog bite attorney at The Paris Firm.

Don’t even wait two weeks. Your dog bite attorney should be allowed to examine evidence that’s still fresh and speak to the witnesses before their recollections fade. Call The Paris Firm at 909-325-6185 to schedule a consultation as soon as a medical provider has treated you for a dog bite.

If a dog bites you in the Bakersfield area, a Kern County dog bite attorney at The Paris Firm can investigate the details of the incident, examine your medical records, question any witnesses, and negotiate for the compensation you are entitled to under California personal injury law.

What Will You and Your Lawyer Have to Prove?

In many states, to prevail with a dog bite claim, a victim must prove that the dog has been aggressive in the past and that the owner knew of the dog’s aggressive tendencies. Under California’s strict liability law, the state doesn’t impose this requirement on dog bite victims seeking compensation.

But strict liability does not mean you will automatically receive compensation after a dog bite. You’ll need to obtain the medical records that prove how severely you were injured, and you may also have to prove you were legally at the location (and not trespassing) where the bite happened. Your attorney may have to defend you against a dog owner’s counterclaims.

Even with this state’s strict liability law, a California dog owner may be able to offer a successful defense against a dog bite lawsuit. If you’re trespassing or committing another crime when a dog bites you, you will have no standing to file a dog bite claim.

What is an Assumption of Risk?

In many states, the “assumption of risk” is a defense available to dog owners who have posted a Beware of Dog sign. In these states, if a dog bite victim intentionally ignored a Beware of Dog sign and approached a dog known to be aggressive, the bite victim “assumed” the injury risk.

Strict liability makes California law different. Every case is unique, and there are exceptions to virtually every law, but generally speaking, a Beware of Dog sign, by itself, is insufficient to establish an assumption of risk defense in a California dog bite case.

What Should You Know About the Personal Injury Process?

A homeowner’s insurance policy usually includes coverage for dog bites. After a dog bites you, do not even speak to the dog owner’s insurance company before you’ve consulted a Bakersfield dog bite lawyer at The Paris Firm, and don’t accept an insurance company’s first settlement offer.

An insurance company may try to reduce your compensation amount (or pay you nothing), and anything you say or any document you sign could be used against you. If you take a settlement without sound legal advice, you may waive your right to additional legal action or compensation.

First settlement offers are notoriously low. A dog bite attorney at The Paris Firm can negotiate on your behalf for a more generous settlement. Dog bite claims in this state are usually settled when the lawyers for both sides meet privately to negotiate outside of the courtroom.

If no acceptable settlement offer is forthcoming in the private negotiations, your lawyer can take your Bakersfield dog bite claim to court, explain to a jury how (and how extensively) you were injured, and ask the jurors to award your compensation. If you and your lawyer can prove your injury claim, you’ll be compensated, and the law will be on your side.

What Can Dog Bite Victims Recover?

California dog bite victims may recover both economic and non-economic damages with a successful injury claim. Economic damages are the quantifiable out-of-pocket expenses you can document with receipts, bills, and pay stubs, including:

1. pending and projected future medical expenses
2. lost wages and projected future lost earnings
3. property damages if clothing was torn or if glasses or a watch were broken

Non-economic damages compensate dog bite victims for their emotional and physical injuries. These damages are not quantifiable, but lawyers and juries use widely accepted standard formulas to determine compensation amounts for pain, suffering, and emotional distress.

In California dog bite cases, punitive damages are rare. They are awarded only if a dog’s owner was extraordinarily malicious or reckless. A court may award punitive damages if an owner intentionally set a dog on a victim or allowed a known dangerous dog to roam free.

Most settlements in personal injury cases arising from dog bites are paid by homeowner’s or renters’ insurance. If a California dog owner has no homeowner’s or renters’ insurance, the bite victim’s recovery may be limited to the dog owner’s personal assets.

Can Other Parties Be Held Accountable?

A dog bite attorney can seek to identify other parties potentially liable for a dog bite. California landlords have a legal duty to ensure their properties are reasonably safe. This means a landlord must remove, repair, or properly warn visitors about hazards on the premises.

California courts have held landlords and property managers liable for dog bite attacks when they did not repair conditions, such as holes in fences on their properties, that allowed a tenant’s dog to bite and injure someone.

Even a friend or neighbor who is walking someone else’s dog, or the parents of a minor who owns a dog, could be held liable for damages if the dog bites and injures someone. At The Paris Firm, your dog bite attorney can determine if a party other than the dog’s owner can be held accountable for your dog bite injury.

Can Dog Owners Face Criminal Charges?

Dog owners in the Bakersfield area should know that California enforces a criminal dog-bite law that punishes the owners of dangerous dogs or those who fail to exercise “ordinary care.”

Under the California Penal Code, owning a trained attack dog that bites someone, or a dog with a known history of aggression that causes substantial injury, can be charged as either a felony offense or a misdemeanor. A conviction may result in a prison sentence of up to 4 years.

Also, under California law, if a dog has bitten human beings on two separate occasions, anyone may take legal action against the owner and, after a hearing, the dog may be euthanized. When dog bites are fatal, owners likely face felony charges if they knew their dog was dangerous.

If a dog bite is fatal, the survivors have the right to pursue a wrongful death action. If you lose a loved one because of a dog bite attack in the Bakersfield area, call The Paris Firm immediately to discuss your family’s rights and legal options, which include filing a wrongful death lawsuit.

Let The Paris Firm Fight for the Compensation You Need

At The Paris Firm, personal injury attorney Eric Paris has more than 26 years of experience representing the injured victims of negligence in Bakersfield and across Southern California. He brings his extensive legal background, training, and experience to every case and client.

The Paris Firm represents our clients on a contingency fee basis. If you’re a dog bite victim, your first consultation is provided with no cost or obligation. If you become a client of The Paris Firm and proceed with legal action, you’ll owe no lawyer’s fee until we recover your compensation.

Every client at The Paris Firm is treated with professionalism, courtesy, and respect. We can take care of everything from filing the legal paperwork to negotiating with a dog owner’s insurance company and, if necessary, taking your dog bite case to trial.

If a dog bites you in the Bakersfield area, after you receive treatment from a medical provider, call The Paris Firm at 909-325-6185 to schedule your free case evaluation. Our legal team can put the law to work for you and fight aggressively for the compensation you need and deserve.