There are good reasons why a dog is known as man’s best friend. Most of them are loving, loyal, and well-behaved.
However, even the best dogs can cause injuries if they bite. More than 4.5 million Americans suffer from dog bites each year, and more than 800,000 of them require medical attention.
California historically has one of the highest numbers of dog attack insurance claims nationwide.
Dog bites range from minor nicks to attacks that can cause serious damage. In addition to physical injuries, many dog bite victims report emotional distress.
At Jacoby & Meyers, we understand the physical and emotional harm a dog attack can cause, and we aim to help individuals navigate this challenging experience. Our attorneys work to protect clients’ legal rights and pursue compensation that may be available under the law. If a dog bite has injured you, speaking with an experienced San Jose dog bite attorney may help you understand your legal options.
Jacoby & Meyers’ injury attorneys in San Jose have over 50 years of experience representing personal injury clients. We have the resources to investigate claims and assist clients pursuing compensation.
Call us today at (408) 341-6883 or visit our contact page to schedule a free consultation. We can answer your questions and explain your legal rights.
Why Choose Jacoby & Meyers?
- Our dog bite attorneys in San Jose have been representing clients since 1972. We have the knowledge, experience and resources you need for a strong claim to financial compensation.
- Our San Jose personal injury lawyers have reported over $2,000,000,000 in recoveries for clients, including $3.25 million in a wrongful death premises liability claim.*
- Many personal injury matters are handled on a contingency fee basis, meaning attorney’s fees may depend on the outcome of the case. Our team explains all fee arrangements during the consultation.
*Past results depend on the specific facts of each case and do not guarantee a similar outcome.
Our Law Office in San Jose
We represent clients across the State of California from 14 conveniently located law offices. Our San Jose office is located at:
Plaza West, 3031 Tisch Way #110, San Jose, CA 95128
You can arrange a free case evaluation at this location by contacting our 24/7 hotline: (408) 341-6883.
Compensation Available for a Dog Bite Injury in San Jose
In California, a dog bite injury claim may allow an injured person to pursue financial compensation for economic and noneconomic losses. Depending on the circumstances, compensation may include:
- Past and future medical treatments
- Physical therapy and rehabilitation
- Surgeries and medications
- Special care and follow-up visits
- Medical devices or prosthetics
- Losses of income
- Disability accommodations
- Pain and suffering
- Emotional and psychological damage
- Loss of consortium
- Punitive damages (in limited circumstances)
If a dog attack in San Jose results in a fatality, family members may be eligible to pursue wrongful death damages. These may include funeral and burial expenses, lost earnings and inheritance, loss of companionship and care, and emotional losses.
How Can an Attorney Help With This Case?
California’s dog bite laws can be complex to navigate. In some cases, a pet owner may dispute responsibility for the injuries, and insurance companies may request documentation before considering a claim. An attorney can assist with settlement negotiations or the filing of a personal injury claim in San Jose.
An attorney experienced with dog bite cases can investigate the incident and gather evidence related to the pet owner’s liability. Legal counsel may assist in documenting damages and pursuing compensation through negotiation or litigation when appropriate.
A lawyer may also help coordinate medical documentation and connect clients with appropriate medical professionals in San Jose if needed. Legal representation can assist with managing the legal aspects of the claim while the injured person focuses on recovery.
Who Pays for a Dog Bite Injury in San Jose?
Every state has different dog bite injury laws. California Civil Code § 3342 establishes a strict liability rule for dog owners. Under this law, the owner of a dog may be liable for damages suffered by a person bitten while in a public place or lawfully in a private place, including the dog owner’s home.
Under this rule, a pet owner may be responsible for damages regardless of whether the dog had previously shown aggressive tendencies. A claim may be filed even if the dog had not bitten anyone before and regardless of whether the owner acted negligently.
How to Prove a Dog Bite Injury Claim in California
Although California applies strict liability to many dog bite cases, disputes can still arise. For example, a pet owner may argue that the injured person was trespassing on private property or provoked the dog.
The pet owner’s property insurance company may request evidence before evaluating a claim. An attorney from Jacoby & Meyers can assist with collecting evidence such as:
- Medical records
- Expert testimony
- Witness statements
- Photographs or videos of the dog
- Testimony from individuals familiar with the dog
- Records of previous incidents involving the dog
San Jose Dog Bite Causes
Dogs may bite for many reasons. In some situations, they may react when they feel threatened. Other possible reasons include:
- Territorial behavior related to food, space, or possessions
- Protecting litters
- Illness or physical pain
- Prior mistreatment that affects behavior
- Overexcitement during play
- Stress from new environments, loud noises, or unfamiliar people
- Protective behavior toward family members
Whether the dog intended harm or not, California law may allow an injured person to pursue compensation for damages.
Most Dangerous Dog Breeds
It may feel uncomfortable to label certain breeds as dangerous. However, some studies suggest that certain breeds are involved in bite incidents more frequently than others. One study identified the following breed in reported incidents:
- Pitbulls
- Rottweilers
- German Shepherds
- Mastiffs
- American Bulldog
- Huskies
In addition, some insurance companies classify certain breeds as higher risk, including:
- Doberman Pinschers
- Chow Chows
- Akitas
Some insurance policies may place restrictions on coverage involving these breeds.
Liability in San Jose Dog Bite Claims
California has a strict liability law for dog bites. A dog owner may be responsible for damages caused when their dog bites someone in a public place or when the injured person is lawfully present on private property.
Some states follow a “one-bite rule,” allowing dog owners to avoid liability if their dog had not previously bitten someone. California does not follow that rule. Liability may apply regardless of whether the dog had previously bitten someone or whether the owner knew of a risk.
Exceptions to California’s strict liability rule may apply if the dog was:
- Defending against someone who is committing assault, battery, rape, or murder
- Defending against someone abusing or torturing the dog
- Defending against someone trespassing, breaking into, or burglarizing their home
- An on-duty police or military dog
In some cases, landlords may also face liability if they knowingly allow a dangerous dog on their property.
When a dog bite occurs, California law requires the dog owner to provide the injured person with their name, address, phone number, the dog’s license number, and vaccination status within 48 hours.
Common San Jose Dog Bite Injuries
According to the Centers for Disease Control and Prevention (CDC), approximately twenty percent of dog bites require medical care.
Dog bites can cause injuries and complications, including:
- Infections that may lead to serious illnesses such as sepsis;
- Rabies transmission in rare cases;
- Bone injury caused by forceful bites;
- MRSA bacterial infection;
- Pasteurella infection from bacteria in saliva;
- Tetanus infection;
- Permanent scarring;
- Loss of fingers, toes, arms, or legs;
- Nerve damage;
- Psychological trauma.
Statistics indicate that between 2005 and 2019, dogs were responsible for 521 fatalities in the United States. If a dog bite injury required medical treatment or caused time away from work, California law may allow the injured person to pursue compensation for related losses.
Statute of Limitations for Dog Bite Claims
The California statute of limitations for filing a dog bite claim is generally two years from the date of the incident. If the claim is not filed within this period, recovery of damages may be limited or unavailable.
Certain exceptions may apply in specific circumstances. Depending on the situation, the filing deadline could be longer or shorter. Speaking with an attorney can help determine the applicable deadline.
Another reason to consult an attorney promptly is to preserve evidence related to the claim, as documentation and witness recollections may become more difficult to obtain over time.
When Jacoby & Meyers personal injury lawyers evaluate a case, they review the available facts and evidence to identify potential causes and responsible parties.
What to Do After Being Bitten by a Dog in San Jose
If you are bitten or attacked by a dog in San Jose, your first priority should be safety. Move to a safe place and seek medical attention for any injuries. If possible, gather information about the dog and its owner, including vaccination status..
Report the incident to the City of San Jose Animal Care & Services Division. Obtain copies of your medical records and any information you have about the dog and its owner. These documents may be helpful when discussing your situation with an attorney.
Contact a San Jose Dog Bite Attorney Today
California law may hold dog owners liable for injuries caused by their dogs. At Jacoby & Meyers, our attorneys represent individuals seeking compensation for injuries caused by negligence.
Our San Jose dog bite attorneys have represented personal injury clients for more than 50 years and assist individuals evaluating potential claims.
Call us today at (408) 341-6883 or complete the short form on our contact page to schedule a free consultation to discuss your situation and legal options.