The Best Dog Bite Attorneys in Sacramento, California (2024)

Being attacked by an animal can be traumatic and terrifying. If a dog has bitten you, you might be overwhelmed and unsure of your rights and responsibilities. You may fear the animal will be put down or that its owner will retaliate against you. Consulting with a dog bite law firm in Sacramento, California, can help you understand your rights and how to pursue compensation for your injuries.

ConsumerShield specializes in helping you understand your rights and the law that applies to your situation. This article will summarize California dog bite laws and discuss when you might need to contact an attorney. We can connect you with one of the best lawyers in your area.

Understanding California’s Dog Bite Laws

California dog bite laws impose strict liability on the animal's owner. A dog owner is liable in most circumstances if their dog bites someone, regardless of whether the dog has shown aggressive behavior in the past or whether the owner was negligent. California Civil Code 3342 holds a dog’s owner liable if it bites another person, provided that both of the following are true:

• The victim is in a public place (like a sidewalk or park) or lawfully on private property and

• The victim did not provoke, harass or annoy the dog.

"Lawfully on private property" includes anyone invited or allowed to enter privately owned land, including the dog owner's premises. It also includes anyone legally permitted to be on private land, such as delivery persons, mail carriers, police officers and utility workers.

Can a Trespasser Sue for Dog Bite Injuries?

Individuals who do not have permission to be on private property are "trespassers." Under Sacramento County Code 9.80.010, trespassing occurs when someone:

• Remains on private or commercial premises after the owner or their authorized agent asks them to leave.

• Enters private or commercial premises without permission after being told not to enter.

Trespassing is a misdemeanor criminal violation. Individuals can be fined up to $500 or sentenced to up to six months in jail if found guilty.

California's strict liability dog bite law makes it easier for victims to recover damages since they do not have to prove the owner did anything wrong. However, a trespasser cannot hold a dog owner strictly liable for their injuries, which makes it harder to prove their case and recover damages. Trespassers can sue a dog owner under an ordinary negligence standard and prove the owner's negligence caused their injuries.

Steps to Take Immediately After a Dog Bite

If you’ve been bitten by a dog, take these steps immediately to protect your health and legal rights:

• Seek medical attention. Dog bites can cause severe injuries. Even minor bites can lead to life-threatening infections if they are not treated promptly. Avoid a lengthy, expensive hospital stay by visiting a healthcare professional immediately to get proper care and document your injuries.

• Prevent rabies and tetanus. Ask the owner for documentation of the dog's current rabies vaccination if possible. If you can't confirm the dog is current, you will likely have to undergo a series of painful shots to prevent the deadly disease. You may also need a tetanus booster if you haven't had one in the last ten years.

• Report the incident. File a report with Sacramento Animal Care Services by calling 368-7387 (PETS). This creates an official record of the incident and initiates a mandatory investigation of the animal. It can also be valuable evidence if you pursue a lawsuit or insurance claim.

• Gather information. Collect as much evidence as possible from the scene of the incident. Take photographs of your injuries, the dog and the location. If there were witnesses, obtain their contact information as they might provide supportive testimony later.

• Contact an attorney. A Sacramento dog bite attorney can help you understand your legal rights and options for recovering compensation.

Under California law, animal control officers must investigate every reported dog bite. The outcome for a dog that has bitten someone often depends on the severity of the bite. Sacramento County and the City of Sacramento have specific guidelines for dog bite investigations.

• Officers will visit the owner and verify the dog's vaccination status. If it isn't current, the dog may be placed under quarantine for up to ten days.

• If the bite is minor and did not cause serious injury, animal control may issue a simple warning to the owner.

• If the officers determine the animal is in immediate danger or a hazard to others, they have the discretion to impound it immediately without notice.

• If the dog has rabies, it will be euthanized; there is no cure for rabies in dogs or humans.

If animal control officers believe the dog is a threat to public safety, the court will hold a hearing to allow the owner to present evidence to defend the dog. If the court decides that the dog is a threat to public safety, it can order the dog to be euthanized.

Potential Dangerous or Vicious Dogs

California law allows for dogs to be designated as "potentially dangerous" or "vicious" based on their behavior:

A dog may be labeled potentially dangerous if it has engaged in behavior that required a person to defend themselves to avoid injury or inflicted a non-severe bite on a person on two separate occasions within 36 months,

An owner of a potentially dangerous dog must take precautions to ensure the safety of others, such as maintaining specific types of confinement and ensuring the dog is leashed and muzzled in public.

A dog may be labeled vicious in any of the following situations:

• It inflicts severe injury to or causes the death of a person.

• It was previously deemed potentially dangerous and subsequently acts in a way that poses a serious threat to public safety.

• Its owner was convicted of dogfighting, resulting in its seizure.

A vicious dog designation can lead to more severe restrictions. In some cases, a court may order the dog to be euthanized.

Breed restrictions are not allowed under California law. Cities or counties in California may adopt programs to control dangerous or vicious dogs, but these cannot be based on breed (e.g., a ban on pit bulls). Breed-specific ordinances are allowed for required spay or neuter programs and breeding requirements (e.g., to certify a dog’s lineage).

Pursuing a Sacramento Dog Bite Claim

Your attorney will evaluate the details of your case during an initial consultation. This involves reviewing medical records, police or animal control reports, and any other relevant documentation to determine the strength of your claim. If the attorney believes you have a valid case, they will likely start by preparing a demand letter to the dog owner or their homeowner's insurance company.

Most dog bite cases settle out of court. Your attorney will communicate with the dog owner's attorney or insurance company and attempt to negotiate a fair settlement. They may also recommend alternative dispute resolution (ADR) services like mediation or arbitration.

In ADR, you and your opponent present your case to one or more neutral third parties. After reviewing the evidence, they propose some settlement terms and help the parties negotiate. ADR can be cheaper, faster and less intimidating than a trial. However, if you have extensive injuries, your damages may exceed the upper limit you can recover using ADR. In that case, you may need to file a lawsuit.

Filing a Sacramento Dog Bite Lawsuit

Your attorney will prepare a formal complaint that outlines your allegations against the dog owner, including the nature of your injuries and the compensation you request. They will file it with the appropriate court (usually where the dog owner lives or where the incident happened), beginning the litigation process.

Over the next few months, your attorney will exchange information and evidence with the dog owner's attorney. Both parties will likely have to sit for a deposition (an interview under oath). Other witnesses and expert depositions may also occur. Your attorney will attend numerous procedural hearings with the court, which you will not need to attend. They may also prepare and argue motions related to the law or evidence.

Eventually, if the parties can't work out an acceptable settlement, the case will go to trial. Both parties will present their evidence, which may include testimony, documents and experts. The judge or jury will issue a verdict and award damages if they find in your favor.

Damages in a Sacramento Dog Bite Lawsuit

If you win a dog bite lawsuit in Sacramento, you could be entitled to several types of damages, including:

• Medical expenses

• Lost wages

• Loss of future earning potential

• Pain and suffering

• Disfigurement and disability

• Property damage

Exemplary damages are meant to punish a defendant and deter similar behavior in the future. California law allows exemplary damages if a defendant acts with one of the following:

• Oppression (despicable conduct that subjects a person to cruel and unjust hardship with conscious disregard for their rights)

• Fraud (intentional misrepresentation, deceit or concealment intended to cause injury)

• Malice (intent to cause injury or conscious disregard of others' safety)

Training and commanding a dog to attack an innocent victim, for example, may warrant an award of exemplary damages.

Statute of Limitations for California Dog Bite Injuries

California has a statute of limitations for filing personal injury lawsuits, including dog bite cases. You generally have two years from the date of the injury to file a lawsuit. If you fail to file within this time frame, you may lose your right to seek compensation. Act promptly and consult with an attorney as soon as possible.