Los Angeles Dog Bite Attorneys
A dog can be a lovable and loyal pet for any family. A dog can also be a vicious and dangerous animal whose attack can cause severe, catastrophic injury and even death to a human being. Dog owners must take the utmost care that their dog does not ever pose a threat to the public.
A survey by the national Centers for Disease Control and Prevention in Atlanta ("CDC") concluded that dogs bite nearly 2% of the U.S. population -- more than 4.7 million people annually. (Sacks JJ, Kresnow M, Houston B. Dog bites: how big a problem? Injury Prev 1996;2:52-4.)
Almost 800,000 bites per year are serious enough to require medical attention. (Weiss HB, Friedman D, Coben JH. Incidence of dog bite injuries treated in emergency departments. JAMA 1998;279:51-53.)
Dog bites send nearly 368,000 victims to hospital emergency departments per year (1,008 per day). Centers for Disease Control and Prevention, Nonfatal Dog Bite–Related Injuries Treated in Hospital Emergency Departments — United States, 2001, MMWR 2003;52:605-610. Morbidity and Mortality Weekly Report is published by the CDC.
If a dog bites an individual in the State of California, the owner of the dog will be held liable for the injuries to that person, with some very limited exceptions. Attorney Maria Cavalluzzi fights aggressively for her clients who have been seriously injured when attacked by a dog, in order to receive the highest possible compensation for victims of dog bite injuries.
In the State of California, the owner of a dog is liable when their dog bites any individual, whether on or off the owner’s property, and whether or not the dog has ever bitten someone before. This strict liability is imposed pursuant to the California Dog Bite Statute, California Civil Code §3342. Attorney Maria Cavalluzzi is very familiar with this and other State, County and local ordinances that assign negligence or strict liability to the owner of a dog that bites any person, and she will use them to the best advantage for those of her clients that have suffered serious injury from the bite of a dog.
There are some limited defenses to the liability of dog owners imposed by statute, and those defenses are always fiercely argued by dog owners and/or their insurance companies after any dog bite incident. Attorneys Maria Cavalluzzi and Adam Silverstein are very familiar with these defenses and prepared to launch the strongest legal attacks to insure that the clients of Cavalluzzi & Cavalluzzi receive compensation for their dog bite injuries.
Defenses to the Dog Bite Statute are limited to the following:
1.) The Dog Bite Victim Was Trespassing: If you are on the dog owner’s property when the dog bite occurs, and you were not specifically invited, you may be accused of trespassing. However, long established case law provides that an invitation may be implied, depending on the specific facts and circumstances of the case. Thus, even if the victim was not specifically invited, the fact that a person was technically on the dog owner’s property does not preclude a dog bite victim from recovering just compensation.
2.) The Dog Bite Victim Provoked the Dog: The owner of the dog will undoubtedly claim that the dog is very docile and would never bite anyone unless provoked. They may try to claim that a slight move by the victim provoked the dog. An animal behavior expert can evaluate the dog and determine if it has aggressive tendencies.
Apart from these defenses, lawyers for the dog owner and his insurance company will try to blame the victim for somehow causing the dog bite, or making the injury worse, through his or her own actions. DO NOT LET THEM TRY AND TURN THE TABLES ON YOU. IT IS NOT YOUR FAULT. Dogs can and will attack innocent victims, including children. The owner of that dog is liable for those injuries! Attorney Maria Cavalluzzi will disprove these brutal accusations and achieve just compensation for her clients.
What to Do if You Are the Victim of a Dog Bite.
1.) Identify the animal and/or its owner. Demand documentation regarding the dog’s vaccination history. The owner is required by law to provide you with this information. If your injuries prevent you from obtaining this information, try and have someone close by obtain the information for you.
2.) Seek medical attention. When you arrive at the emergency room, or other medical office, make sure you provide the doctors with all information you have about the dog that bit you. If you have been bitten in the face, ask to consult with a plastic surgeon. In the future, your own medical insurance will most likely not cover you for scars or other disfigurements caused by this dog bite.
3.) Report the Dog Bite. There will be an animal control office in your area. Make absolutely sure you report any dog bite to them. Even if you have been unable to identify the dog and its owner, you can give your best description of the dog, the incident and its location and an investigation can be launched. If you retain an attorney, he or she can assist you with this.
4.) Take Photographs. Your wounds and the clothing you were wearing at the time of the attack should be photographed as soon as possible.
5.) Do Not Make Any Apologetic Statements. Sometimes a person immediately thinks they did something wrong to cause the dog to bite them (especially if the person is a dog lover). This is most likely NOT the case and you should not take any responsibility for the dog attacking you. Again, it is most likely NOT YOUR FAULT.
6.) Do Not Trust Any Insurance Adjusters from the Dog Owner’s Insurance Company: Keep in mind that the insurance adjuster will be trying to minimize your damages and possibly claim that you somehow contributed to or caused the dog bite to occur. You will not know the full extent of your injuries until you are completely healed, so, do not discuss monetary amounts of settlement too soon.
7.) Get a Free Attorney Consultation: Most attorneys will offer you a free consultation and will honestly advise you on the strength of your case. Most attorneys will also be willing to take your case on a contingency fee basis. This means you pay nothing out of your pocket. The attorney’s compensation will come when they achieve a just settlement or verdict on your case.
