Dog Bite Personal Injury Claims

Background

Our client, Ms. Sarah Thompson, a 33-year-old school teacher, was bitten by a neighbor’s Labrador Retriever while jogging in her residential community in Los Angeles, CA. As she passed by the neighbor’s driveway, the unleashed dog ran toward her and bit her right ankle, causing a deep puncture wound.

After the incident, the dog owner denied responsibility, claiming:

The dog had never shown aggression before.

Ms. Thompson may have startled the dog, implying partial fault.

The injury was minor and did not require significant medical attention.

The homeowner’s insurance company initially offered only $2,500, arguing that her injuries were not severe enough for a higher payout.

Legal Challenges

Establishing Liability Under California’s Strict Dog Bite LawCalifornia Civil Code §3342 holds dog owners strictly liable for bites, regardless of past behavior. The dog owner’s claim of no prior aggression was irrelevant, as the law does not require prior incidents.
Medical Expenses & Lost WagesMs. Thompson required stitches, a tetanus shot, and antibiotics to prevent infection. She missed five days of work, impacting her income.
Emotional Impact & ScarringThe bite left a visible scar, affecting her confidence and daily comfort. She experienced temporary anxiety when jogging near dogs.

Legal Strategy

1. Proving the Dog Owner’s Negligence:

Collected witness statements from neighbors confirming the dog was off-leash.

Presented medical records showing the severity of the bite and treatment required.

2. Negotiating with the Insurance Company:

Highlighted California’s strict liability law, making the owner fully responsible.

Provided documentation of medical expenses, lost wages, and emotional distress.

Threatened to file a formal lawsuit if a fair settlement was not reached.

3. Securing a Fair Settlement:

The insurance company increased their offer from $2,500 to $20,000 after seeing the strength of our case.

Final Outcome

$20,000 Settlement Secured

$10,000 for medical expenses – Covering stitches, medication, and follow-up care.
$5,000 for lost wages – Compensating for missed workdays.
$5,000 for pain, suffering & scarring – Addressing long-term impact.