CD LAW
Custodio & Dubey LLP
Los Angeles Dog Bite Claims
CD LAW
Los Angeles Dog Bite Claims
After the Bite
A dog bite claim is not valued by the moment of the attack alone. The injuries, treatment, recovery, evidence and available insurance may all become part of the story.
The Value Question
THE BITE
IS ONE MOMENT.
THE EFFECTS
CAN LAST MUCH LONGER.
What Changes a Claim
01
The Injury
The nature and severity of the injury — including the type of wound, body part affected, and potential for long-term effects — may be relevant to evaluating damages in a dog bite claim.
02
Medical Treatment
Medical records can document injuries, symptoms, diagnosis, and the course of treatment and recovery. Medical documentation may become an important part of evaluating a claim.
03
Scarring
If permanent scarring or disfigurement results from a dog bite, this may potentially be relevant to the evaluation of damages when supported by the documented facts and applicable law.
04
Lost Income
Time missed from work and qualifying loss of earnings may potentially be considered as part of the economic damages in a California dog bite matter, depending on the circumstances.
05
Pain and Suffering
Qualifying noneconomic harm — including pain, suffering, and related effects — may potentially be considered as part of the damages evaluation under applicable California law.
06
Liability
The facts surrounding the incident, where it occurred, whether the injured person was lawfully present, and applicable California law all bear on the question of liability in a dog bite matter.
07
Insurance
Available insurance coverage — including homeowners or renters liability coverage — may significantly affect the practical recovery available in a California dog bite case.
08
Policy Limits
An insurance policy contains maximum coverage limits. Those limits may become an important practical consideration when evaluating potential recovery from an applicable insurance policy.
Policy Limits
Dog Bite
$300,000
POLICY LIMITS.
ONE RESULT.
NOT A FORMULA.
Every dog bite claim has its own facts.
The Insurance Question
THE NUMBER
TELLS PART OF THE STORY.
THE FACTS
TELL THE REST.
Important Note
These are general educational examples only. The injuries listed above are not associated with any specific CD LAW case or result.
The actual value of a California dog bite claim depends on documented injuries and the specific circumstances of that case — not a generic injury list. Each case must be evaluated on its own facts.
When the Injury Remains Visible
Permanence
Whether the scar is expected to persist or fade over time.
Visibility
How prominently the scarring is visible to others.
Location
Where on the body the scarring is located.
Severity
The nature and extent of the scarring or disfigurement.
Future Treatment
Whether further medical intervention may be needed.
Documented Impact
Evidence of the documented effect on the injured person.
THERE IS
NO PRICE TAG
ON A BITE.
THERE ARE FACTS.
EVIDENCE.
DAMAGES.
INSURANCE.
What Documents the Claim
Evidence available after a dog bite can vary from case to case. The following categories may be relevant depending on the circumstances:
Photographs
Images of visible injuries, the location, and the dog or owner.
Medical Records
Documentation of evaluation, diagnosis, and treatment.
Witness Information
Contact information for anyone who observed the incident.
Dog Owner Information
Identity and contact details for the owner.
Location Information
Details about where the incident occurred.
Clothing & Property
Damaged personal items that may be relevant.
Communications
Relevant messages or statements about the incident.
Available Video
Surveillance or other footage from the area.
Insurance Information
The owner's homeowners, renters or other applicable coverage.
Official Documentation
Animal control or other reports, when applicable.
California has specific statutes that address dog bite liability and the responsibility of dog owners. California's dog bite law is sometimes described as a strict liability statute, meaning that in certain circumstances a dog owner may be liable for bites even without a prior history of aggression by the dog.
However, the legal analysis can depend on the specific circumstances of the incident, including where the bite occurred, whether the injured person was lawfully present at the location, and other applicable facts. Defenses and disputed facts can affect the outcome of a dog bite liability analysis.
Liability questions in California dog bite cases benefit from careful legal review of the applicable facts and law. Categorical statements about who is automatically liable in every situation do not reflect the complexity of individual cases.
What the Incident Costs
01
Medical Expenses
Reasonable and necessary medical costs related to the injury may be a component of economic damages.
02
Future Medical Care
If ongoing or future medical treatment is documented and reasonably anticipated, those projected costs may be considered.
03
Lost Income
Wages or income lost as a result of the injury and recovery may potentially be recoverable as economic damages.
04
Reduced Earning Capacity
If the injury affects the injured person's long-term ability to earn income, that loss may be relevant depending on the facts.
05
Scarring or Disfigurement
Documented permanent scarring or disfigurement may be considered as part of the damages evaluation.
06
Pain and Suffering / Noneconomic Harm
Qualifying noneconomic damages — including physical pain, suffering, and related effects — may be considered under applicable California law.
07
Damaged Personal Property
When applicable, damage to clothing or personal property during the incident may be relevant.
08
Other Qualifying Losses
Additional bite-related losses may be relevant depending on the specific facts and applicable law of the matter.
RESIDENTIAL NEIGHBORHOODS
APARTMENT COMPLEXES
PUBLIC SIDEWALKS
PARKS AND TRAILS
SHARED OUTDOOR SPACES
PRIVATE HOMES
BUSINESSES
COMMON AREAS
01
Prioritize Safety
Remove yourself from the situation. Your immediate safety comes first.
02
Seek Medical Evaluation
Obtain appropriate professional medical evaluation for any injuries, regardless of their apparent severity.
03
Identify the Dog and Owner
When reasonably possible, obtain the name and contact information of the dog's owner.
04
Document the Location
Note or photograph the location where the incident occurred, when it is safe and appropriate to do so.
05
Photograph Injuries
Photograph any visible injuries when appropriate to do so, as early documentation may be relevant.
06
Preserve Evidence
Keep clothing or personal property that was damaged during the incident, as it may be relevant.
07
Gather Witness Information
Obtain contact information for anyone who witnessed the incident.
08
Preserve Communications
Retain any messages, emails, or other communications about the incident.
09
Keep Documentation
Maintain medical records, bills, and other related expense documentation.
10
Don't Assume Coverage
Avoid making assumptions about what insurance coverage may exist without investigation.
11
Consider Speaking with an Attorney
If significant legal questions remain, consider consulting a Los Angeles dog bite attorney for a review of your options.
THE INCIDENT
MAY BE OVER.
THE QUESTIONS
MAY NOT BE.
Not every dog bite requires litigation. Speaking with an attorney is an opportunity to understand your options, not a commitment to pursue a claim.
(213) 593-9095