Legal Question in Personal Injury in California

Re: Dog bite case

I agree with most of what the other two attorneys have said. I would add that in California a dog owner is strictly liable for injuries caused by his/her dog biting someone. Liability is not the problem, but what are the damages? And who can afford to pay them? (If Mr. Lupoff is correct about most homeowners policies excluding dog bite coverage, and if the dog owner is judgment-proof, your claim for damages may be academic.)

I agree that the amount of damages will vary greatly, depending on the severity of the injury and its lasting effects, if any. Medical expenses are some indicator of the severity of the injury, though where small children are the victim, there can also be a large emotional distress component. Disfigurement can also be a factor, of course, regardless of age. As Mr. Cohen has stated, More facts are needed.

One final thought. If your medical insurer has paid for most of the $600 in medical bills, if you file suit, your insurance co. may be entitled to recover what it paid on your behalf out of whatever you recover from the dog owner. Look carefully at your medical insurance policy. You may end up just being a collection agency for your health insurer.

Re: Dog bite case

Was it your insurance, or the dogs' human companion's insurance? Did you sign a release? More facts are needed.

Re: Dog bite case

If your medical bills were only $600.00, then consider yourself very lucky because I have seen dog bite cases with meds into the six digits.

With regards to your rights, you can sue, but before you do, consider the fact that most homeowner's insurance policies exclude dog bites as part of the coverage. This means that the dog owners will probably have to pay out of their own pockets.

With regards to case value, it would depend on many things, including the location of the bite and who you are. If you are a beautiful 21 year old female model and you were bit on the face, you would have a much higher case value than if you were a 60 year old guy, chewed on the ankle. Therefore, it would impossible to value a case without knowing more. Next, even if I had all the facts, myself, along with most reputable attorney's, have a difficult time giving client's case values as it is unethical.

With a medical bill of $600.00, you may consider small claims court.

I hope I helped. Good luck.