“My dog is friendly, he won’t bite…”

This is oftentimes the last thing you hear before, well, you get bitten by a dog! Few believe their pet will bite another and if you are a dog lover, you will likely want to get up and close with their furry friend. But, whether it’s in the home of a friend or an encounter with a loose dog running wild, getting bit by a dog can result in an extremely negative situation.

You might be dealing with stitches, wondering if the dog had rabies, time off work and possibly additional circumstances. One thing is for sure, if you are bitten by a dog in California, you have legal rights and knowing what they are and what to do after being bitten will help the situation come to the best possible resolution.

Here are some of your rights in California following a dog bite:

• The dog owner is liable, regardless of past pet behavior- Following a dog bite, the owner may try to say that because the dog has never bitten anyone before, they should not be liable because this is a one time incident, but in California, the owner is liable for all damages associated with a dog bit regardless of the pet’s past behavior.
• You have some time to file a lawsuit- California law states that a victim has up to 2 years following a dog bite to file a lawsuit.
• If your child is under 5 years old, they cannot be negligent in a dog bite incident- If your child was bitten by a dog and is under 5 years old, they cannot be negligent in the incident, regardless of if they were considered to be provoking the dog or not.
• You have the right to recover financial compensation for initial and ongoing wound treatment- After a dog bite, you may incur medical bills for the initial doctor/hospital visit as well as additional treatments if needed. All these payments will be the responsibility of the dog owner under California law.
• You can recover for any damages to personal property- If, during the dog bite incident, any personal property was damaged, you have the right to recover the amount to repair or replace these items under California law.
• You can recover lost wages- If, due to the dog bite, you missed work and lost wages, California dog bite law states that the pet owner is responsible for reimbursing the victim the amount of these lost wages.
• You can recover for emotional distress- If the dog bite incident was severe, it may cause emotional distress to the victim. California law states that the victim can be awarded financial remuneration for such suffering and the amount is usually determined by a judge, a jury, or a settlement agreement between attorneys representing the pet owner and the victim.

While California law is heavily weighted for the victim in cases of dog bites, it is still recommended that if you are bitten by a dog you should secure the services of a legal team who has experience in dealing with such cases. This will ensure that you recover the maximum amount you are eligible for under the law and to help bring the incident to a close as quickly as possible.