Always Fighting For You
Newport Beach Dog Bite Lawyer
Holding Negligent Dog Owners in Orange County Responsible
Being attacked by a dog is a frightening experience that may cause devastating injury and lasting emotional trauma. The Newport Beach dog bite lawyers at Manning Law, APC, use knowledge and experience gained over years of legal practice to help our clients recover compensation for their injuries.
- We have recovered millions in compensation for our injured clients
- We have more than 100 years of combined legal experience
- Personalized, one-on-one attention for every case
- You don't pay unless we win
Who is Liable for a Dog Bite in California?
California is a strict liability state, which means owners cannot claim they did not know the dog would be aggressive or bite someone. Regardless of whether the dog has bitten many times or never, the dog’s owner is responsible for damages that result from the dog biting another person
How to Prove Liability in a Dog Bite Case
To prove liability, you only need to show that the bite occurred in a public place or when you were lawfully on private property. Our Newport Beach dog bite lawyer stresses collecting evidence, which can be a crucial step in proving fault in most dog bite cases. This evidence includes things like medical records, medical bills, and pictures.
For our attorneys to prove negligence in dog biting cases, it is necessary to prove that the dog or property owner was aware of the potential threat posed by the dog and took no precautions to prevent the incident.
Victims can secure compensation if it can be proven that the dog owner's negligence led to their injuries, such as by failing to keep the dog on a leash or in a fenced-in yard.
Exceptions to the Dog Bite Statute
There are certain exceptions to the dog bite statute, which can be found in Civil Code 3442. Some of these defenses include:
- The victim was unlawfully trespassing on private property
- The victim was partially at fault for what happened
- The victim assumed the risk of the injury
- The dog was carrying out military or police work
California's strict liability statute doesn't protect individuals injured by dogs that didn't bite them, such as from jumping or scratching.
When is a Dog Considered Dangerous in California?
California's strict liability statute applies regardless of an animal's history of aggression. However, California has unique laws concerning dogs that have previously been bitten or dogs that are declared potentially dangerous or vicious.
A dog is considered potentially dangerous in California if:
- It has forced people to defend themselves from aggressive behavior at least twice during the past three years,
- It has bitten someone without provocation, causing non-severe injuries, or
- It has killed or injured a domestic animal at least twice in the last three years
A dog is considered vicious if:
- It has seriously injured or killed someone without provocation, or
- A court has determined the dog to be potentially dangerous, and either the dog repeated the dangerous behavior or the owner failed to meet legal conditions
Owners of dangerous dogs may be ordered to prevent future attacks by removing them from the area or putting them down. Additionally, dog owners may sometimes face criminal liability if their unrestrained animals injure or kill someone with knowledge of their aggressive tendencies.
What Damages Can You Recover in a Dog Bite Case?
Dog bites can cause severe and sometimes catastrophic injuries, and California has more dog bites than any other state. Victims of dog bites can seek compensation for expenses related to the incident, such as the cost of medical care, lost wages due to the injury, pain, suffering, and other damages.
If a dog attack leads to a person's death, the victim's surviving family members may be able to recover additional compensation for the wrongful death of their loved one. The specific damages depend on the age of the victim and the severity of the injury.
Dog bites can cause serious injuries, including:
- Puncture injuries
- Facial injuries
- Crush injuries
- Muscle sprains
- Nerve damage
- Severe trauma and emotional distress
How Long Do You Have to File a Lawsuit for a Dog Bite in California?
Every state has a statute of limitations for filing personal injury lawsuits. In California, the victims of dog bite injuries have two years to file a case or you may lose your right to recover damages.
Our team recommends contacting us much sooner to allow plenty of time to investigate your claim, gather and preserve evidence, interview witnesses, and prepare your case.
Contact Our Newport Beach Dog Bite Attorney Today
Securing the compensation your recovery requires begins with getting in touch with a skilled Newport Beach dog bite attorney. We understand what you are going through and are prepared to fight in pursuit of justice on your behalf relentlessly.
Contact Manning Law, APC today to schedule a FREE consultation!
What Damages Can I Receive Compensation For?When your injury is caused by the actions or negligence of another person, you can take legal action to recover costs resulting from your injury. We represent clients seeking damages for the following:
Past and future medical bills:Oftentimes medical bills can extend far beyond the individual's initial accident. The victim may require extended hospital stays, operations, and even regular checkups during their recovery process. If you were injured due to someone else's negligence, we will fight to ensure that you receive compensation for these expenses.
Rehabilitation:For injuries resulting in long-term side effects, it is important for the victim to be able to focus on their recovery and rehabilitation, rather than worrying about how they will pay for their recovery process.
Lost income:Most serious accidents will be accompanied by significant amount of time off of work. If someone else's negligence has rendered you unable to work, they should be held responsible for your loss of income during that time.
Mental anguish:Mental anguish can include various forms of depression and anxiety that someone may experience as a result of their accident, or even the loss of someone close to them.
Physical pain and suffering:This type of compensation can be pursued in regards to the physical injuries a victim has experienced and the pain and suffering that those injuries have caused them.
How Long Do I Have to File a Personal Injury Claim?Under California’s personal injury statute of limitations, you generally have two years from the date of your injury to file a civil lawsuit in court against the responsible party. If the at-fault party is a government agency, you have an even tighter deadline of six months. If you do not seek legal action within this timeframe, the court will likely refuse to hear your case at any time to the future and you will lose your right to seek compensation. These deadlines can sometimes be extended under specific circumstances, such as if the injured party is a minor, the injury or the cause of the injury was not immediately apparent, or the injured individual suffers mental or physical incapacitation due to the injury. Regardless, if you are unsure how the statute of limitations applies to your case, it is important that you get an attorney involved promptly to guard your legal rights.
If I Hire a Personal Injury Lawyer, Will I Have to Go to Court?While going to court is certainly a possibility, many personal injury claims are settled out of court through negotiations between your attorney and the responsible party’s insurance company. A trial may only be necessary if these negotiations should fail, such as in circumstances where fault is disputed or if there is a disagreement over the value of your claim. Our attorneys prepare each case as if it were going to trial to give us the best positioning possible during settlement negotiations.
How Long Will My Personal Injury Case Take?Your case could take several months or even years to settle depending on the situation. The timeline of your case will vary depending on factors such as the severity of your injuries, the amount of medical treatment you need, complications of liability, and the level of cooperation of the responsible party’s insurance company.
How Much Is My Personal Injury Case Worth?Your case’s value will be based on factors such as the severity and long-term impact of your injuries, the amount of medical treatment you need, the strength of evidence proving the other party’s liability, and the amount of insurance coverage available in your case. It is best to discuss your case with a skilled attorney to get a more accurate picture of your case’s potential value.
How Much Does It Cost to Hire Manning Law, APC?Manning Law, APC accepts all personal injury cases on a contingency fee basis, which means there are no up-front costs for you. We only get paid if we are successful in your case.
How Do I Know Manning Law, Apc Is Right for My Case?Manning Law, APC offers free consultations, works on contingency, and has recovered millions of dollars in verdicts and settlements on behalf of past clients. With more than 100 years of combined legal experience, we have what it takes to maximize your chances of securing the compensation you deserve.
We have Recovered Millions for Our Clients
Over 100 Years of Combined Experience
You Don't Pay Until We Win
We Speak Spanish, Farsi & French