Six Tips for Navigating Dog Bite Cases in California
Helpful insights from an animal law expertBy Erik Lundegaard | Reviewed by Canaan Suitt, J.D. | Last updated on February 21, 2024 Featuring practical insights from contributing attorney John Michael Montevideo
Use these links to jump to different sections:
- 1. First, Make Sure Everything is OK
- 2. For Dog Owners: Be Concerned (and Mean It)
- 3. Get Medical Attention for Those Who Need It
- 4. Pursue Your Claim Within the Statute of Limitations
- 5. Understand How Animal Bite Lawyers Charge for Legal Services
- 6. Carry Adequate Homeowners’ or Renters’ Insurance
John Montevideo, an animal law attorney in Irvine, California, represents victims in dog-bite cases, but he has advice for everyone who is unfortunate enough to be involved in the often chaotic moments of an animal attack.
1. First, Make Sure Everything is OK
“No matter whether you are the dog owner, whether you’re the one that’s attacked by the dog, or there’s more than one dog in the mix, the first thing you need to do is just pause and make sure everyone is OK,” he says.
“Secure the situation. Get any dogs away and secured. Get immediate medical attention to anyone who needs it. That’s the first thing everyone should do.”
2. For Dog Owners: Be Concerned (and Mean It)
For the owner of the dog, he adds, “One of the best things you can do is be compassionate. Be a human being and make sure [the dog-bite victim] is OK, and mean it. Because if you don’t, if you’re defensive and blame someone out of the gate, well, it’s not going away more than likely, and it only makes you look bad.”
For dog-bite victims, he adds a similar reminder. “Most people don’t want their dog to harm somebody, and most people don’t think their dog will harm somebody.”
3. Get Medical Attention for Those Who Need It
Sometimes, the medical need in a dog-bite attack is obvious. Montevideo has had cases where victims have disfigurement, literally lost noses or ears. He had a case where two Great Danes set upon a young girl with such viciousness. “She was attacked all over her body, head to toe. She ended up in the hospital with emergency surgery and had multiple surgeries following that,” he says.
Then there are the cases where the medical need is less obvious—where the wound, Montevideo says, doesn’t always tell the story. He is currently representing a nurse who was bit between her thumb and pointer finger. It looked minor, he says, but “it was a deep puncture wound that ended up tearing up the ligaments in their hand.” The nurse couldn’t grip, couldn’t do her job. She had to miss work.
Then there are post-traumatic psychological issues arising from dog attacks, which aren’t nearly as linear as orthopedic issues, Montevideo says, and are often tougher for people to acknowledge.
“Many times, they’re ashamed of it,” he says. “They feel like they should be fine.” He talks about the telltale signs of trauma. “Are you having nightmares? Are you having anxiety, where you’re stressed and your heart is beating faster and you can’t sleep? Are you jumping every time you hear a dog bark or even heavy breathing?”
4. Pursue Your Claim Within the Statute of Limitations
Most victims get in touch with Montevideo within a few days of the attack, and there’s a general two-year statute of limitations in California for filing such cases.
“If you’re a minor, that doesn’t toll until two years after your 18th birthday,” Montevideo adds. “And if there’s a government entity that owned the dog, or is responsible for the dog, or was in control of the dog, that’s a six-month statute. Just like any other government claim, you have to file that claim on the government claim form appropriate for that agency.”
In the state of California, owners of any dog have strict liability in dog-bite cases, which is why cases tend to settle rather than go to trial. “Now there are defenses that come along with that,” Montevideo says. “Obviously, if there’s someone that’s taunting a dog, that’s going to come out. But I’ll be honest with you, most people aren’t taunting dogs.”
5. Understand How Animal Bite Lawyers Charge for Legal Services
Animal bite attorneys, like personal injury attorneys generally, work on contingency, meaning they don’t charge anything upfront but get a percentage of the settlement—usually between 33 and 40 percent.
The advantage to this fee structure, Montevideo says, is “there’s no discrimination as to who can afford us. Anybody can afford us.” Most dog bite lawyers and personal injury attorneys offer a free consultation where you can seek legal advice about your dog bite injury lawsuit.
As for who pays? Usually, it’s the dog owner’s insurance company via their homeowner’s or renter’s insurance policy. This tends to be true even if the attack took place outside the home—say, in a public place. And if the dog owner doesn’t have adequate insurance?
“Then it’s personal assets,” Montevideo says. “Sometimes it’s both. Sometimes folks are underinsured even though they have more than enough assets—and when I say that, I mean an exorbitant amount. It’s not prudent to not have that kind of coverage. So, sometimes we have to go a little further.”
6. Carry Adequate Homeowners’ or Renters’ Insurance
“Prudent” is one of Montevideo’s watchwords. “Our focus is around responsible dog ownership and how we can help in that process. And part of that is not only training and loving and caring for your dog,” he says.
“But it’s also being prudent to know that things can happen when you least expect it. Part of being prudent is having renters’ insurance or homeowners’ insurance to cover your dog so in case something does happen, you can look someone in the eye and say, ‘I’m going to make this right and try to put you back to the way you were prior to this happening.’ And, with your insurance, you can do that for them.”
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