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DOG BITE INJURY AND DEATH CLAIMS
ARE DOG ATTACKS BECOMING MORE COMMON?
It certainly seems that way to this attorney, but reliable statistics
are not available. It might just be that more are reported or become
the basis of legal action. It may well be true though, that more
owners are keeping dogs that have been bred for fighting over a period
of hundreds of years, and they are more aggressive than most. Pit Bull
owners for example will often highly praise how gentle their dogs are
to them, their little children, and to everyone. Then one day the dog
lunges without warning and mauls a child’s face. Why?
No one knows for sure, but some dog experts think that dogs are very
sensitive to their owners’ feelings. If the owner is annoyed at
someone, even a good friend or family member, the dog may think he
needs to “protect” his owner, and so attacks on his own. True, this
owner undoubtedly did not want that to happen, but how many times did
this happen without him taking any action to stop it? Some dogs have
such terrible histories, that letting them roam free around
unsuspecting people is much like leaving a loaded, cocked pistol in
the children’s playroom in a house you are visiting.
WHAT TO DO IF A DOG HAS INJURED YOU OR SOMEONE CLOSE TO YOU:
Get medical attention as soon as possible. With animal bites, there
are no minor bites. Any bite can infect you or transmit rabies. You
must see a doctor immediately if the skin was broken or there was
mouth to mucous membrane contact.
In the most serious injuries, some bodily tissue may be detached.
Someone needs to recover it and get it to the doctor with the victim.
Try to identify the dog. This is not just for liability purposes. The
doctor will need to know if the dog was healthy. Take note where the
dog came from (address?); where he went; any identification or
memorable markings; color of collar, etc. Try to learn the dog’s name
and write it down.
If the owner is nearby, demand to see his identification. Do not take
his word for it. Write the information down. Get his or her full
address, apartment number, if any, and telephone number.
Contact an experienced personal injury attorney to promptly start an
investigation.
HOW DO I KNOW IF IT IS WORTHWHILE TO TAKE ANY LEGAL ACTION?
That is easy to know if death or very serious injuries result, but
what about other injuries?
There are two reasons that lesser appearing injuries may deserve legal
action. Emotional fallout and scarring.
Do all bites merit legal action? No, it depends on the facts of the
injury. If it is a child or other person who is emotionally devastated
by the attack and is too fearful to even go to school or work, then
you should certainly talk to a lawyer. Perhaps there are nightmares
that won’t go away, or the victim feels he has to walk blocks out of
his way to avoid coming anywhere near a dog. It may merit the help of
a counselor or therapist.
What about scarring? The problem with dog attacks is that their teeth
can penetrate and rip flesh, but they are not sharp like a knife. They
tear rather than cut flesh. There may even be loss of tissue. The
frequent result is scarring. There may be need for repeated surgeries.
Whether you have insurance to cover the surgeries, and where the scar
is located, may affect whether you need to take legal action. If the
break in the skin is small and usually covered by the pant leg or
shirt, you may be better off not making a claim. A personal injury
lawyer can best advise you about this. There should be no charge at
all for listening and telling you what he or she thinks.
WHO CAN SUE FOR DOG BITE INJURIES AND WHO WILL BE LIABLE?
The injured adult is the one with the right to make the claim or to
sue. A child’s claim will be made by his or her parent or guardian.
The owner is responsible by statute for any bite by his dog, as long
as the victim had a right to be where he was when bitten or attacked.
This assumes the victim was not provoking or tormenting the dog. Other
people can be liable too. A dog walker, a kennel or other person
having custody or care of the animal can be liable if they were
careless in allowing it to get at the victim.
A person having care of a dog who knows or has reason to know it is
dangerous, is negligent if he or she does not take reasonable steps to
protect others. If you learn of people who know the dog’s past
behavior, be sure to write it down, particularly the identity of the
persons who have such knowledge.
WHAT SHOULD YOU DO IF THE OWNER OR AN INSURANCE ADJUSTER WANTS TO
“DO THE RIGHT THING” AND COVER YOUR MEDICAL EXPENSES?
Many dog owners feel terrible about the incident and genuinely want to
help. They might offer money or offer to pay the medical bills. Then
there are others who never take responsibility for their own actions,
but will try to get you to “give them a break” based upon promises.
They might even be sincere in wanting to pay your expenses, but assume
it won’t be much. When the bills mount in the thousands, that promise
may evaporate. At the least, get the full name, address and phone
number of anyone who makes such an offer, but do not decide it on the
spot. Thank them for the offer, and tell them you’ll get back to them
about it.
If an insurance adjuster or investigator for the owner contacts you,
you run the same risk. Some act in good faith and some don’t. Your
best bet is to decline to discuss the incident with them, and
especially don’t discuss your health. “I feel much better now” may
later become “The claimant told me she was all better, and then months
later claimed she had pain and numbness on the site of the bite.”
Please understand: the adjuster or investigator for the dog owner owes
his loyalty to the insurance company, not you. His or her job is to
save the company as much money as possible, not to “cradle you in good
hands.” Get the adverse insurance adjuster’s identifying information
and give it to the lawyer.
It may seem just fine to take an early offer of $2500 as compensation
for a dog bite, especially if the bite does not seem that bad, but do
you know it won’t become infected and result in some permanent loss of
function? An insurance company will demand a written release of
liability in exchange for a money settlement. You will feel very bad
later (and very angry) if you settle your rights for a small amount
and then learn later you were entitled to twenty times as much.
Most probably, once you sign the release, they are off the hook no
matter how bad the injury turns out to be. An experienced personal
injury attorney will likely advise you to wait and see. This is
particularly true of scarring. No plastic surgeon can reliably tell
you how good or bad the scar will look until six months have passed.
You may not know for 18 months (after three operations) that your
medical treatment is done. Of course, this is precisely the reason
that the insurance company will contact you and want to “throw money
at you” three weeks after your injury. It is wise to give them a
polite “No thank you. I want to see how my injuries heal.”
YOU DIDN’T WANT TO SUE. THE DOG ATTACK WAS SIX MONTHS AGO AND NOW
YOU LEARN THAT THE TOTAL MEDICAL EXPENSES ARE LIKELY TO EXCEED $7,000
OR MORE. IS IT TOO LATE?
No. In California, you have two years to file a lawsuit or to settle
the claim. Please do not read that sentence and relax because you
“have two years to take action.” That isn’t the case. Action needs to
be taken immediately on a number of fronts. Filing a lawsuit is just
not one of the immediate ones. The one exception to the two year
statute of limitations is in the rare case that the dog is owned by
some governmental entity. Then legal action must be taken within six
months by filing a special claim with the entity (city, county, state,
district). Then, a lawsuit must still be filed within a year after the
injury.
You really need a lawyer to advise you on which limitations apply to
your factual situation. The information in this article is not
intended as legal advice to allow you to press your own claim or
lawsuit. There is way too much to know, and you could lose a lot by
thinking that you are the equal of experienced insurance adjusters and
lawyers.
SO WHAT DI I DO NOW?
Make a call and talk to Brian Dinday for free. He’ll ask you some
questions and tell you whether he thinks yours is an injury that
merits further action. If so, he will give you an office appointment
(again with no charge) in order to discuss the matter further. Then,
if you wish to hire him, you’ll get a written contract that assures
that you will not have to pay any fees or costs unless there is a
money recovery for you. If you decide not to hire him, there is no
charge at all.
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