If you’re bitten by a dog in San Diego but don’t see any blood, you may think that you don’t have a claim for compensation. The skin isn't broken, so you don't have a case, right?
Not necessarily. California law allows dog bite victims to pursue damages for their injuries, even if the skin wasn't broken. However, these cases often involve complex legal issues best handled by an experienced San Diego dog bite attorney like Mark C. Blane at the Law Offices of Mark C. Blane, APC.
What Is Considered a Dog Bite Under California Law?
Many people assume that a dog bite only counts if it breaks the skin or causes bleeding. However, California law defines a dog bite more broadly. Under our state’s strict liability dog bite statute, Civil Code § 3342, the owner of any dog is liable for damages suffered by any person who is bitten by the dog, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.
A dog bite is defined as any time a dog uses their teeth to grasp a person or close their mouth around a part of their body. The dog’s teeth don’t have to break the skin to be considered a dog bite.
This means that even if the dog didn't puncture your skin, you may still have a valid claim if you suffered other types of injuries or damages. In addition, your minor injury may be more serious than you think. You could suffer injuries, such as:
- Bruising
- Soft tissue damage
- Scarring
- Nerve damage
- Crushed bones
- Traumatic brain injuries
- PTSD and emotional distress
Common Myths About Minor Dog Bites in California
Unfortunately, there are many misconceptions about minor dog bites that can prevent victims from getting the compensation they deserve. Here are a few of the most common myths you shouldn’t believe:
Myth #1: If the Dog Is Small, the Bite Isn't Serious
Many people assume that bites from small dogs like Chihuahuas or Pomeranians can't cause significant injuries. However, even a small dog can have powerful jaws and sharp teeth capable of causing deep bruises, nerve damage, or emotional trauma.
Myth #2: If the Dog Has Never Bitten Anyone Before, the Owner Isn't Liable
California's dog bite law imposes strict liability on dog owners, meaning they are responsible for bites regardless of whether the dog has a history of aggression or biting. Even if the owner claims their dog has never bitten anyone before, you can still pursue a claim.
Myth #3: If the Victim Was Petting or Playing With the Dog, They Can't Sue
Dog owners often try to avoid liability by arguing that the victim provoked the bite by petting, playing with, or teasing the dog. However, California law only considers provocation a defense if a reasonable person would consider the victim's actions provocative. Normal interactions like petting a dog typically don't qualify as provocation.
What Must You Prove to Obtain Damages in a Minor Dog Bite Case?
You should understand what you must prove to be entitled to compensation for a minor dog bite where your skin wasn’t broken. To recover compensation for a minor dog bite in California, you'll need to prove that:
- The defendant owned the dog.
- The bite occurred on public property or while you were lawfully on private property.
- The dog bit you.
- You suffered injuries or damages as a result of the bite.
This might seem straightforward, but dog owners and their insurance companies often look for ways to avoid liability in minor bite cases. They may argue that you provoked the dog, were trespassing, or are exaggerating the severity of your injuries.
How Should You Protect Your Rights After a Minor Dog Bite?
If you've suffered a minor dog bite in San Diego, it's essential to take steps to protect your legal rights, even if you're not sure whether you have a case. Here's what our dog bite attorney recommends you do:
- Seek medical attention. Get a proper medical evaluation immediately and follow all treatment recommendations, even if the bite seems minor. This protects your health, documents the severity of your injuries, and cuts off some insurance company arguments to deny your claim.
- Report the bite. The dog’s owner and you are required to report the dog bite. Notify San Diego County Animal Services about the incident. This creates an official record and helps protect others from potential future bites.
- Gather evidence. Collect photos of the dog and your injury, contact information for witnesses, and any other relevant documentation. This evidence can support your claim if you pursue legal action.
- Keep records. Maintain all medical bills and document any time you miss from work due to the injury. This information is crucial for determining the full extent of your damages.
- Consult with a San Diego dog bite lawyer. Before accepting any settlement from the dog owner or their insurance company, discuss your legal options with our skilled lawyer, who can evaluate your case and advise you on the best course of action.
Why You Need a San Diego Dog Bite Attorney
Having our experienced dog bite lawyer on your side can make all the difference. Our attorney can help you:
- Gather evidence. Our legal team will collect witness statements, photographs, medical records, and other crucial evidence to prove the dog owner's liability and build a strong case on your behalf. Mark will hire an expert witness to help establish an element of your claim if necessary.
- Document your damages. Our attorney will help you document the full extent of your injuries and damages, including medical expenses, lost wages, pain and suffering, and any permanent scarring or disfigurement, to ensure you receive the maximum recovery in your settlement.
- Communicate with the insurance company. Mark will handle all communication with the insurance company, ensuring you aren’t taken advantage of and your rights are protected every step of the way.
- Negotiate a fair settlement. We’ll negotiate with the insurance company to secure a fair settlement that adequately compensates you for your injuries and damages.
- Take your case to trial. Mark will take your case to trial and fight for your rights in court if a reasonable settlement cannot be reached.
