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 serious 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 the highest number of dog attack insurance claims nationwide.
Dog bites range from minor nicks to attacks that cause devastating damage. In addition to the physical injuries, many dog bite victims suffer from severe emotional trauma.
At Jacoby & Meyers, we understand the physical and emotional harm a dog attack can cause, and we want to help you through this challenging experience. Our attorneys work tirelessly to ensure your rights are protected and you get the compensation you deserve. If a dog bite has injured you, you need an experienced San Jose dog bite attorney by your side.
Jacoby & Meyers’ injury attorneys in San Jose have over 50 years of experience protecting personal injury victims. We have the skills and resources to build your strongest case and recover your maximum compensation.
Call us today at (408) 341-6883 or visit our contact page to schedule a free consultation. We look forward to meeting you, answering your questions, explaining your rights, and helping you get the justice you deserve.
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 secured over $2,000,000,000 in financial recoveries for clients, including $3.25 million for a wrongful death premises liability claim.
- You won’t be charged a dime in attorney’s fees unless your dog bite lawyer wins your case. At Jacoby & Meyers, if there’s no win, there’s no fee – guaranteed.
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 successful dog bite injury claim could lead to financial compensation that reimburses you for several economic and noneconomic losses. You may be eligible for the following types of financial damages:
- 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
If a dog attack in San Jose was fatal, your family could be eligible for wrongful death damages. This can include funeral and burial expenses, lost earnings and inheritance, loss of companionship and care, and your grief and mental anguish.
How Can an Attorney Help With This Case?
California’s dog bite laws can be complex and difficult to navigate for an injured victim. The pet owner will most likely deny fault or liability for your injuries, and their insurance company may also try to avoid paying you fair compensation. You may need to hire an attorney to represent you during settlement negotiations or a personal injury claim in San Jose.
An attorney with experience handling dog bite cases can investigate the incident and gather evidence against the pet owner to support your claim. Your lawyer will know how to secure fair and full compensation for your losses through aggressive negotiation strategies in and out of the courtroom.
Your lawyer can also ensure that you receive the medical care you need by connecting you to top doctors in San Jose. This can be critical if a dog inflicts severe injuries, such as deep puncture wounds. Your attorney will be fully committed to your physical, emotional and financial health during this difficult time.
Who Pays for a Dog Bite Injury in San Jose?
Every state has different dog bite injury laws. California Civil Code § 3342 imposes a strict liability law on pet owners. This law states that the owner of any dog is liable for the damages suffered by a victim who is bitten by the dog while in a public place or lawfully in a private place, including the home of the dog owner.
Under this rule, a pet owner can be made to pay for a dog bite injury regardless of whether or not the dog had displayed vicious propensities in the past. You can file a claim against a pet owner for a dog attack even if this was the very first time the dog had behaved aggressively, regardless of whether the pet owner was negligent (careless).
How to Prove a Dog Bite Injury Claim in California
Although California is a strict liability dog bite state, these claims can still be difficult to win. Several defenses may be available to the owner of the pet. For example, the owner may allege that you were trespassing on private property at the time of the attack or that you provoked the dog in some manner.
The pet owner’s property insurance company may require proof or evidence before accepting your claim. An attorney from Jacoby & Meyers can help you build your case by collecting evidence for you, such as medical documents, expert testimony, witness statements, photographs or videos of the dog, testimonies from people familiar with the dog, and any records of previous bites.
San Jose Dog Bite Causes
Dogs may bite for numerous reasons. Many times, they bite when they feel threatened. Other reasons they may bite include:
- They can be territorial and possessive of their perceived area, food, or possessions.
- Female dogs may bite to protect their litters.
- They may be sick or in pain.
- Dogs that have been mistreated may not know how to react to someone’s movements and act aggressively as a defense mechanism.
- Sometimes, dogs may become overly excited and not realize their strength and aggressiveness when they play.
- They may be stressed. A new environment, loud noises, and strangers stress many dogs.
- They may be overly protective of their family and attack if they perceive a threat to a family member.
There are countless reasons a dog may bite someone. Whether the dog intended to harm you or not, you can seek compensation for your damages.
Most Dangerous Dog Breeds
It may feel wrong to single out certain dog breeds as dangerous. However, studies clearly show that some breeds are more likely to bite than others. One recent study shows the most dangerous dog breeds to be:
- Pitbulls
- Rottweilers
- German Shepherds
- Mastiffs
- American Bulldog
- Huskies
In addition to these, there are a few other breeds that insurance companies consider dangerous, including:
- Doberman Pinschers
- Chow Chows
- Akitas
Dog owners may assume that their homeowner’s insurance will cover them if their dog bites someone. However, many insurance companies will not insure dangerous breeds such as the ones above.
Liability in San Jose Dog Bite Claims
California has a strict liability law for dog bites. A dog owner is responsible for damages caused by their dog biting or attacking someone in the owner’s home or any other private or public space. Some states have a “one-bite rule” that allows dog owners to avoid liability if their dog has never bitten anyone before. However, California rejects that policy. Under California law, it does not matter whether the dog has ever bitten anyone before or the owner knew that it may bite. The only exceptions to California’s strict liability rule are if the dog is:
- 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
Even landlords may be held responsible for allowing tenants to have a dangerous breed on their property. When a dog has bitten someone, California law requires the dog’s owner to provide the victim with their name, address, phone number, the dog’s license number, and the status of the dog’s vaccinations within 48 hours.
Common San Jose Dog Bite Injuries
According to the Centers for Disease Control and Prevention (CDC), twenty percent of dog bites require medical care. Dog bites can cause catastrophic damage. In addition to the initial damage, dog bites can result in complications that cause further harm, including:
- Infections can result in sepsis, which can quickly become serious and even fatal.
- Rabies is a deadly illness that can be transmitted from a dog bite.
- Bone injury complications can result from forceful bites.
- MRSA is a dangerous bacterial infection that can result from dog bites.
- Pasteurella infection can result from the bacteria in the dog’s saliva.
- Tetanus is a bacterial disease that can result from dog bites.
- Wounds can lead to severe, permanent scarring.
- Loss of fingers, toes, arms, or legs.
- Nerve damage.
- Psychological trauma
Statistics show that from 2005 to 2019, dogs killed 521 people in the U.S. If you suffered any type of injury that required medical care or forced you to take time off of work, you may be entitled to financial compensation for these losses from the pet owner under California law.
Statute of Limitations for Dog Bite Claims
The California statute of limitations for filing a dog bite claim is two years from the date of the dog bite. If you miss this deadline, you most likely cannot recover compensation for your damages.
However, there are very few exceptions to the two-year deadline. In some cases, you may have longer to file your claim, and in other cases, you may have a much shorter deadline for filing a claim. You must immediately consult an experienced San Jose dog bite attorney to determine your filing deadline.
Another reason to promptly retain an attorney is to protect essential evidence to support your claim. Evidence can be lost, destroyed, or diminished over time.
When the Jacoby & Meyers personal injury lawyers accept a case, they immediately thoroughly investigate the accident to determine all possible causes and potentially liable parties to maximize client compensation. They also promptly discover and secure vital evidence to build your strongest case.
The sooner you contact us, the better we can protect your rights to receive the compensation you deserve.
What to Do After Being Bitten by a Dog in San Jose
If you get bitten or attacked by a dog in San Jose, your first priority should be your safety. Get to a safe place and seek immediate medical attention for your injuries. Before you leave the scene, gather information about the dog and owner, including whether the dog is up to date on its vaccinations.
Report the incident to the City of San Jose Animal Care & Services Division. Obtain copies of your health care records and all the information you have about the dog and its owner. Bring your documents to an attorney at Jacoby & Meyers for a free consultation about your legal options.
Contact a San Jose Dog Bite Attorney Today
California holds dog owners strictly liable for injuries caused when their dog bites someone. At Jacoby & Meyers, we understand how devastating a dog attack can be. If a dog bite has injured you, you deserve to be compensated for your injuries.
Our San Jose dog bite attorneys have protected personal injury victims for over 50 years and have a proven record of recovering maximum client compensation. We want to do the same for you.
Call us today at (408) 341-6883 or complete the short form on our contact page to schedule a free consultation to discuss your case. We are here to help you get the justice and compensation you deserve.