The short answer is yes, in most cases, if anyone’s dog seriously injures you, whether it is a stranger, a friend, or your neighbor, you should always report a dog bite to the proper authorities. And, it makes sense to file a personal injury claim to recover damages if the neighbor isn’t forthcoming with payment for all related expenses.
To better explain why, consider the following questions: Did you cause the dog to bite you? Did you deserve it? Is it fair that you are paying medical bills and losing income because your neighbor’s dog bit you? By not holding the responsible party accountable and making sure the financial consequences are theirs, not yours, you are likely setting yourself (or someone else) up for another (expensive and potentially more dangerous) dog bite.
Learn more about our Sacramento Dog Bite Attorney Services.
Dog Bite Victims: You Are Not Alone
California typically tops the list as the state with the highest number of dog bite claims in the United States. As an example, in 2023, the U.S. Postal Service reported 727 dog bite incidents involving USPS mail carriers alone.
Emotion vs. Logic in Dog Bite Cases
We have successfully represented countless individuals, including parents of children attacked by dogs and seriously injured, and secured the damages they are owed following a dog bite. Often, during the free consultation, where we listen to what happened and answer questions about their options, we hear some form of the following statement as the rationale for hesitating to file a dog bite claim against a neighbor: “I don’t want to cause problems.”
And to that, we usually remind them that it sure would have been nice if their neighbor had the same mindset before the dog attacked them. Because if they had, they would not have been bitten.
After all, isn’t allowing a dangerous or unpredictable dog to be loose in a neighborhood “causing a problem”?
Common Reasons Dog Bite Victims Cite for Not Reporting or Not Filing a Claim
More Concern for the Dog than the Victim
It is simply not true that reporting a dog bite will automatically result in the dog being taken away or put down. This emotional concern for the animal’s fate can be a strong feeling. While statutory law varies, in California, dogs are not automatically euthanized except in specific and severe situations: the dog is discovered to have rabies; the dog was bred for aggressive fighting; the bite caused severe injury or death. In the last case, the dog would have to be deemed an ongoing danger after a lengthy legal process.
It’s essential to note that dogs that are first-time offenders and don’t meet the three criteria above are also protected by state-mandated laws, which require quarantine and observation due to the risk of rabies. But if a dog does meet the above criteria, it is in the interest of public safety for the dog to be appropriately managed.
The Belief the Bite Isn’t Serious Enough
Victims often downplay their injuries. They rationalize that the injury will heal on its own. Unfortunately, this is usually not the case. Dog bites are painful, and the healing process is often long and complicated by the risk of infection. Not getting a dog bite treated, even a minor one, risks the victim’s health and undermines their legal position.
Assuming Partial Fault by Provoking the Dog
Blaming oneself for a dog bite is common. Some of our clients have stated they may have accidentally provoked the dog by being too close to it. However, this self-blame is often misguided. An unpredictable dog should not have unrestricted access to people, and vice versa.
Believing It’s Too Late to File a Claim
If a dog has bitten you, you should act immediately; if you did not, however, it does not mean it’s too late or that you shouldn’t file a claim. Statutes of limitations are often two years. Waiting does not necessarily mean you can’t file a claim if it is still within the time fram of the statute of limitations.
Legal Costs of Filing a Dog Bite Claim
Many people (most?) are under the false idea that they cannot afford to hire an attorney or file a claim. Many personal injury attorneys, including ours at Eason & Tambornini, work on a contingency fee basis. This means there are no upfront costs, and you only pay fees if you win. You can rest assured that because of this, when our dog bite attorneys accept a case, they intend to win.
Waiting for the Neighbor to ‘Do the Right Thing’
Not reporting the bite to animal control or an insurance company only serves to jeopardize a claim and the possibility of collecting the money you are owed. Waiting usually results in a lack of documentation, which puts a case at risk of not being proven.
Accepting a Token Payment
An apology or some cash to “cover the ER bill” and a promise to pay other bills if they happen, do not resolve a dog bite and can make everything more complicated later. If the initial payment falls far short of the actual expenses the victim suffers, or the injuries caused muscle or tendon damage that isn’t discovered until months later. In that case, it can be even harder to confront the responsible party and start the legal process after memories of the incident and the emotional trauma it caused in the moment fade.
Bottom Line: If You Get Bit, Report and Be Prepared to Get Legal Help
The real-world excuses for not filing a claim are understandable, but in the long run, they make the situation even more expensive and sometimes painful and dangerous. Suppose medical complications pop up or the dog bites others, especially children. In that case, it’s easy to imagine the regret of not pursuing official steps of reporting the injury and seeking compensation for damages. Reporting the incident and seeking legal guidance protects not just the victim, but also others who might be at risk from the same animal in the future.
Experienced Dog Bite Attorneys Who Can Help
If you or a loved one has suffered a dog bite and you would like to speak to an attorney, call us. We offer a free consultation with no obligation whatsoever to move forward with a claim. If we cannot help you, we’ll tell you. If we do take your case you pay no fees until and unless you win a settlement.
Call our office today to schedule a free, no-risk consultation: (916) 438-1819.