City of Indio Dog Bite Attorneys
In California, dog owners are held strictly responsible for bite injuries caused by their dog. If you were attacked, contact an experienced attorney today.
There is a common misconception that only large dogs can cause serious injuries when they bite. According to the Centers for Disease Control and Prevention, however, despite the breed of the dog, any bite can lead to serious infections. If you were recently bit by a dog while in another’s property, the State of California protects your right to seek compensation from the dog owner. Consider discussing your legal options with an experienced personal injury attorney.
Bringing Proficient Legal Support, Since 1999
Attorney Domingo Castillo has been in the insurance claims industry for more than 30 years and has successfully handled thousands of cases for insurance carriers such as Cigna, Allstate and more. Having brought justice to more than 10,000 clients in Indio, CA including Rancho Mirage, Palm Springs, Palm Desert, La Quinta, Indian Wells, Cathedral City and all neighboring communities, the attorneys at Castillo & Associates excel in their respective field. Consider obtaining a free case evaluation by contacting the firm today.
California’s Strict Dog Bite Law
In accordance to California’s Civil Code §3342, a person in ownership of a dog can be held accountable for the injuries caused when the dog bites an unsuspecting person. The dog bite attack can take place in a private or public setting, including the owner’s residence. Under this law, a dog owner will be held accountable even if he or she had no prior knowledge of the dog’s history of aggressive behavior and vicious tendencies.
It is important to note that there are certain exceptions to this law. Based on California’s strict dog bite law, a bitten person cannot bring a claim against a government agency that has used the dog for any form of military or police work when the attack occurred.
Additionally, a dog owner will not be held accountable for the injuries sustained when the dog attack was instigated by the victim. If the dog bite victim was harassing or annoying the dog before the attack, the dog owner will be able to avoid liability.
What to Do When Facing Allegations of a Provoked Attack
When a dog owner is making the argument that the dog bite was caused by the victim’s provocation, he or she will need evidence to prove this. Simply because the owner makes these allegations, it does not mean the accusations have merit. It is possible to protect against this with the support of evidence such as video surveillance of the incident. Still, based on California’s strict dog bite law, a victim does not have to demonstrate the owner’s negligence. If the dog owner cannot prove the attack was provoked, he or she is likely to face accountability.
When the victim did in fact provoke the attack, his or her ability to recover compensation can still be possible as a result of California’s pure comparative negligence statute. While the victim will not be able to recover the full amount of compensation, he or she can still recover a significant portion of the damages owed.
Finally, it is important to understand that as a result of the state’s strict liability laws, using provocation as a valid defense can be an uphill challenge for the dog owner. In order for this defense to work, it is necessary to establish that the victim’s actions constitute provocation. Contingent on the facts surrounding the case, it may be possible to obtain a dog behavioral specialist, who might be able to provide a deposition about the behavior that supposedly provoked the attack. With such deposition, it may be possible to overcome the provocation defense.
Schedule a No-Cost Consultation with an Experienced Attorney Today
If you seek to file a dog bite claim, you will need to seek the legal support of a skilled attorney. Dog bite claims usually involve serious injuries that can worsen with time if not treated straight away. Unfortunately, the need for immediate medical attention can result in costly out-of-pocket expenses that many victims are not able to afford. Contact the support of a skilled attorney who can provide you with the legal support you need to obtain a maximum compensation.
The personal injury attorneys at Castillo & Associates are available immediately after the incident occurred. With more than three decades of legal experience, the attorneys at Castillo & Associates have triumphed on behalf of over 10,000 victims. Following a dog bite attack, consider scheduling a free initial consultation with the attorneys at Castillo & Associates.
