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Santa Barbara Dog Bite Lawyer

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In Santa Barbara, dog bites may seem like an uncommon occurrence, but they happen more often than you think. Each day, nearly 1,000 people require emergency medical treatment for dog bite injuries, and roughly 12,480 dog bite victims are hospitalized from a preventable dog bite injury, according to DogsBite.org.

Since dog bites occur so frequently in California, dog owners can be held liable under strict liability laws, and the Dog Bite Lawyers at Quirk can use these laws to protect your right to compensation.

Our firm specializes in helping dog bite victims receive financial compensation for medical bills, missed time at work, and mental trauma experienced from the incident.

Don’t spend another second wondering what you could have done after suffering a dog bite at a dog park.

Contact Quirk Accident & Injury Attorneys today for a no-cost, no-obligation consultation and see what legal options are available.

Do I Need a Lawyer for a Dog Bite?

Whether you were injured on someone else’s property or in a public place, it is advisable to discuss your dog bite incident with a Dog Bite Lawyer at Quirk to better understand your legal rights. If you were injured as a result of a dog owner failing to keep others safe around their dog, they can be legally held responsible for compensating you for your damages.

Taking legal action against a dog owner seems like it would only complicate an already stressful situation, but our law firm takes legal action against the dog owner’s insurance, not the owner themselves. So, you don’t have to feel like you’re personally attacking someone else by filing a lawsuit. With our representation, we can help you get you fully compensated for the following damages after being injured by a dog bite:

  • Present and future medical expenses
  • Loss of income, as well as the reduction in your earning capacity that you’ve suffered from your injuries
  • Cost of living with your injury, such as making your home disability accessible, purchasing a wheelchair or crutches, hiring a nurse or housekeeper
  • Damage done to your property during the accident
  • Pain and suffering caused by your injuries
  • Stress and anxiety due to the nature of your accident
  • Your mental state after a life-changing accident

Steps You Should Take After Suffering a Dog Bite Injury in Santa Barbara

Dog bite incidents in Santa Barbara are most common in off-leash dog parks. These parks often feature no-leash areas surrounded by fencing, but are large enough to allow even the most energetic dogs to run around to their heart’s content. Leash-free dog parks in Santa Barbara include:

  • Douglas Family Preserve
  • The Beach at Arroyo Burro
  • Mackenzie Park Dog Park
  • Tucker’s Grove Dog Park

After suffering a dog bite injury, we recommend taking the following steps to ensure you have a strong case:

  • Collect Medical Records: Even if your injuries seem minor, they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor and get a record of your injury. An MRI or an X-ray can reveal substantial damage that you might not be aware of. These documents will be essential to building a strong case.
  • Get a Police Report: Failing to alert the police does not help your case, especially if the case comes down to your word over the person responsible for your injuries. A police officer will file an incident report and assign blame based on their assessment. A police report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
  • Gather Evidence: You should document the dog bite as thoroughly as possible. Take pictures of the property where the accident occurred. Take a video of yourself recounting the accident while it is still fresh in your mind.
  • Collect Eye Witness Statements: if there are any eyewitnesses, try and get a statement from them. Or, at least, get their names and numbers, as they can testify on your behalf or provide a statement to corroborate your story later.
  • Collect General Information: Exchange insurance information with the party responsible for your injuries, and be sure to get their name, phone number, and contact information.
  • Contact Quirk Accident & Injury Attorneys: Our firm is standing by to help dog bite accident victims in Santa Barbara physically and financially recover. Call, text, or email. Our door is always open to the community, and we’d love to help you through this difficult time.

What You Need for an Initial Consultation With a Dog Bite Lawyer

Most personal injury lawyers offer free initial consultations. Personal injuries typically encompass injuries from car accidents, slip-and-falls, dog bites, bicycle injuries, and pedestrian injuries. During an initial consultation, you are under no obligation to hire the attorney or pay them a fee for their services. In the same breath, an attorney is under no obligation to represent you in your personal injury case. Before your first meeting with a potential lawyer, you should be prepared. You can present your case to a lawyer in a professional manner by:

  • Jotting down the key points in your case to share with them, or give them a written copy
  • Bring the names, addresses, and telephone numbers of everyone connected with the case
  • Bring all papers related to the case as they might be helpful for the lawyer to review
  • Prepare questions for the lawyer such as:
    • Have they handled similar cases to yours?
    • Did they settle or go to trial?
    • How many clients have they represented in court?
    • How many trial cases have they won?

Dog Bite Liability Law

California Civil Code Section 3342(a) states that the owner of any dog is liable for damages caused by a dog bite. Even if the dog has not shown any aggressive behavior in the past, the owner is still liable.

California is a strict liability state, so it does not matter whether the dog owner was careless or not; they are still liable if their dog bites another person. The law also states the owner is liable if the victim is bitten on public or lawfully private property.

Basically, if someone else’s dog bites you, the dog owner is most likely going to be financially responsible for your dog bite injuries. This is true regardless of whether the dog owner was acting carelessly or not. However, there are exceptions to this rule. If you were provoking or harassing the dog in any way, then your financial recovery will be reduced by your percentage of fault. Fault does not keep you from receiving compensation if you are injured in a dog bite incident, as stated in Comparative Negligence Law.

Government Dog Bites

It is important to note that California Civil Code Section 3342 (b) removes dog bite liability from government agent dogs, stating:

“Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:

  1. In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity.
  2. In the investigation of a crime or possible crime.
  3. In the execution of a warrant.
  4. In the defense of a peace officer or another person.

Proving Dog Bite Liability in California

In order to recover damages from a dog bite, the victim must prove:

  • The dog was owned by the defendant
  • The bite took place on public property, or the victim had a lawful right to be on private property when they were bitten
  • The victim suffered an injury as a direct result of the dog bite

When a claim is filed for a dog bite incident, evidence is typically how these cases are determined. At Quirk Accident & Injury Attorneys, we understand that evidence is the foundation on which your dog bite case stands. It provides a factual baseline to establish liability against the dog owner, demonstrate the extent of your injuries, and justify the compensation you are owed.

The evidence we gather for the majority of our injured dog bite victims includes:

  • Documentation from animal control
  • Police reports
  • Eyewitness statements
  • Video surveillance of the attack
  • Medical records (pre and post-dog bite)
  • Copy of the dog owner’s insurance policy
  • Prescription drug costs, bank statements, and other out-of-pocket expenses
  • Pictures of the wound and where the incident occurred

When is a Dog Owner NOT Liable for Their Dog Biting Someone?

If someone is bitten while lawfully on another person’s property or in a public space, they can take legal action against the dog owner. However, there are exceptions when dog bite victims are not entitled to compensation. These exceptions apply if:

  • The victim was trespassing or was not legally permitted to enter the property: trespassers may not be entitled to compensation for a dog bite, but the owner may still be at fault if they failed to restrain the dog or provide proper warning, even for trespassers.
  • The victim provoked the attack: victims who are bitten due to harassing, striking, or annoying the animal may not be entitled to full compensation.
  • The victims knew there was a risk of being bitten: veterinarians, kennel workers, and other dog-care professionals may not be entitled to compensation after a dog bite because they assume the risk by working in that specific field.
  • The dog was a law enforcement dog: dogs operating at a crime scene or helping law enforcement are considered government entities and are protected from personal injury lawsuits. Unless the victim was an innocent bystander, it will be difficult to receive compensation for a dog bite from a government dog.

Average Dog Bite Settlements in Santa Barbara

The settlement amount for a dog bite injury claim varies significantly on a case-by-case basis. However, there are various factors that can help determine the value of your case, such as:

  • Extent of damages
  • Medical treatment needed
  • Insurance coverage of the responsible party
  • Determination of fault

When it comes to your dog bite settlement, the details of your case matter. For example, if you only sustained minor injuries from the attack or you were partially liable for the incident, your settlement could result in a lower amount. The best way to understand the value of your case and maximize compensation is to consult with a Dog Bite Lawyer in Santa Barbara.

Contact a Santa Barbara Dog Bite Lawyer

Dog bites can be extremely traumatic and costly. By law, injured dog bite victims have the right to hold dog owners responsible for damages done to their lives through a lawsuit.

The word “lawsuit” tends to have a negative connotation, implying years of legal battles and financially going after other individuals. But with the Quirk Accident & Injury Attorneys, we make the process of reaching a successful outcome easy.

We have the legal resources to get your case resolved and get the financial results you need quickly and efficiently. Get your life back on track after suffering a dog bite injury by contacting us today for a free consultation and case evaluation.