Why Dog Attacks Happen
In the United States, nearly four and a half million people are bitten by dogs each year. Out of four and a half million, one-fifth of them will end up needing medical attention to treat their injuries. Unfortunately, many of these victims end up being young children under the age of thirteen. Children are much more likely to be bitten by dogs due to their smaller size and awareness of how to properly act around dogs.
Believe it or not, many dog bites happen with familiar dogs. This is why it is so important to educate your loved ones about how to properly act around dogs to minimize the chance of being bitten. Any dog can bite and cause serious injuries, and the reasons they bite often have to do with the following:
Possessiveness
Dogs are naturally possessive animals. They can be protective of any number of things, including:
- Toys
- Food
- Territories
- Their owners and families
Teach your children to avoid intervening with any of the above things when around dogs. Even though a dog may seem harmless at that time, a situation can change very quickly when it feels as if its “possessions” are threatened.
Fear
Dogs usually have a fear of the unknown. Whether it be the vet or the postman, the unknown can strike fear in the mind of the dog. It is important that you never approach an unfamiliar dog, as bites can occur if it is startled or feels threatened. Teach your children to never approach dogs at a fence and to never approach a dog from behind, close to its face, or while it is sleeping.
The Dog is in Pain
Dogs that are having an issue that causes them pain are also a threat to bite. If a dog has an issue such as hip dysplasia or another chronic injury, be sure that you do not touch or mess with the aggravated areas on the dog's body. A dog that is caused discomfort will often resort to biting to relieve the stress of the situation.
Instincts
When dogs have puppies, maternal instincts can turn the most loving and friendly to protective and dangerous. Respect a dog if she has just had puppies. Encourage children to be cautious around newborn puppies, as their mothers may consider them to be a threat.
Prey
A situation that some may not be aware of is dogs are sometimes triggered by running or cycling. This situation can often result in a chase. It is important always to be aware of your surroundings and if you ever happen to be in this situation, try to avoid crossing paths with a dog. If a dog begins to chase you:
- Stop, stand still, and face the dog.
- Do not look the dog in the eye, as this can be seen as a challenge by the dog.
- If they come up and sniff you, they will most likely find you uninteresting and move on.
- If the dog knocks you down or lunges toward you, curl up and protect your face and neck and try to remain still.
We understand that a dangerous dog attack can be a frightening experience and can leave bite victims with injuries, medical bills, and emotional distress. The Law Offices of Mickey Fine are dedicated to defending Bakersfield dog bite victims and helping them recover compensation for the injuries sustained in these incidents.
Steps to Take After a Dog Bite Attack
If you suffer dog bite injuries, it's important that you receive proper care for your injuries and take steps to ensure that you can recover the full and fair compensation due to you.
Seek Medical Attention
Dog bite wounds often cause a serious risk of infection to their victims. If you are even bitten by a dog, it is important that you seek medical attention right away and get treatment for your wounds. If the bite is serious enough, take no chances and call an ambulance right away.
Identify the Attacking Dog
It is important that you or someone you trust identifies the dog that bit you so that the owner of the dog can be notified of your situation. The owner is very important in your case because they are the responsible party. The owner's home insurance will usually be the party responsible for paying for your injuries.
Report Your Attack
You should always report your dog bite attack to your local animal control agency or police department. You should provide information to them about the dog, including the owner of the dog's name and home address. If the dog happened to be a stray or was otherwise unidentifiable, do your best to describe the dog's appearance and the approximate location of where the attack occurred.
Take Photos of the Injuries You Sustain
As soon as you are able, take pictures of all of your visible wounds. Include all bruises, lacerations, and scrapes. We recommend that you also take photos of the clothes you were wearing during the attack just in case they have blood or dirt on them, which could help your case. If at all possible, try and get a photograph of the dog and where you were attacked.
Contact Bakersfield Dog Bite Lawyer Mickey Fine
After a dog bite incident, you may be suffering from severe pain, trauma, medical bills, and treatments. You may also face pressure from the at-fault owner's insurance company for settlement offers. It is important that you try and act quickly because time is very important to your case. Your chances of having a successful claim increase if you hire a skilled dog bite lawyer like Mickey Fine.
Mickey Fine is committed to providing legal aid to the communities of Bakersfield. Dog bites require investigation that's both quick and efficient. Mr. Fine will act swiftly in your case because he knows that time is of the essence. Preserving evidence, interviewing witnesses, and identifying the at-fault party are all things Mickey Fine will do for you.
What is California’s Dog Bite Law?
Dog owners in California are strictly liable for the injuries caused by their dog to another person. However, there are some defenses that dog owners can bring on their side.
Trespassing and Dog Bites
California's strict liability law only applies in cases where a person is attacked in a public area or is in a private area, such as the owner's property, lawfully. A defense that is commonly presented in dog bite claims is one in which the defendant claims that the plaintiff was trespassing on their property at the time of the attack. If this is the case, California's strict liability law is off of the table.
An example of trespassing that is often overlooked happens to be:
A family with small children is lawfully present in the home of a dog owner. The dog owner told the family with small children that they cannot go into the backyard because the dog was being skittish about strange people. One of the children happens to get into the backyard without their parents noticing and is bitten by the dog. The court will often uphold the side of the dog owner due to the owner specifically stating not to go into the backyard.
What if My Injury Was Not a Bite?
California's dog bite law states that an owner is only strictly liable if the injury caused by their dog was a bite. Further, the injury must be caused by a bite, but the skin of the victim does not have to be broken. For example, if the victim experiences bruising or nerve damage but there is no breakage of the skin, the dog's owner is still strictly liable under California law for the victim's injuries.
Conversely, if the injuries were caused by the dog jumping on or knocking over the victim, the owner is not responsible under California's strict liability law. However, the dog owner may be held responsible for negligence which we will discuss later on.
Assumption of Risk
The events leading up to a victim being bitten by a dog are also essential to a dog bite case in California. If the victim of a bite was kicking, teasing, or provoking the dog in any way, the owner is not held liable for injuries to the victim. In these cases, the owner can bring the defense that the victim was conducting themselves in such a way that they assumed the risk of their attack.
Children Under 5 Years Old
In California, children under the age of five are considered to be unable to commit negligent acts against dogs. The law in California believes that children of that age are not legally capable of taking reasonable care toward an animal.
Compensation for a Dog Bite Claim
The best way to determine what kind of compensation you are entitled to in a dog bite claim is through the guidance of personal injury lawyer, Mickey Fine. Mickey Fine is prepared to head a detailed investigation, determine liability in your case, and fight on your behalf to get you the compensation you deserve.
What Compensation is Available for a Dog Bite Claim?
Mickey Fine will work diligently to acquire all the compensation that is available to you for your dog bite claim. The types of compensation that could be available to you in a dog bite claim include:
- Past, present, and future medical bills
- Pain and Suffering
- Reduced earning capacity
- Loss of wage
- Loss of enjoyment of life
- Assistive care
This list is by no means exhaustive, and there may be other damages that you are entitled to in your case. Hiring Mickey Fine is an essential step in your quest for fair compensation for your dog bite injuries. Call our Bakersfield dog bite attorneys today, so we can discuss providing you with legal counsel.
Strict Liability for Dog Bite Accidents
California is what's known as a “strict liability” state when it comes to dog bite laws. What this means is that Bakersfield dog owners are responsible for a dog attack, even if the dog has never bitten someone before. This law effectively eliminates the “one free bite” rule because liability in a dog bite case is based on ownership. In California, it is irrelevant whether or not the owner of the dog knew their dog could be vicious. In California, the victim of a dog bite only needs to prove that:
- The dog was, in fact, owned by the defendant.
- The bite occurred on public property or while the victim was lawfully on the owner’s private property.
- The injuries to the victim were caused by a dog bite.
Do I Need a Dog Bite Lawyer?
A dog attack can be an extremely traumatic experience. Dog bites can leave their victims with serious physical and mental injuries, especially when children are the victim. Dog bite cases are complex and require careful navigation to ensure compensation is awarded to the victim. This is why it is important to hire an experienced dog bite lawyer like Mickey Fine. Mickey Fine will work tirelessly to ensure that he:
- Uncovers crucial evidence
- Speaks to witnesses
- Establishes the owner of the dog
- Establish if there were any other responsible parties
- Report your bite and the dog to local animal control authorities
- Secure an incident report
- Secure your medical records
- Speak with insurance companies and establish your claim
FAQs
How much time do I have to file a dog bite claim in Bakersfield, and can there be special deadlines?
In California—including Kern County and Bakersfield—dog bite claims follow the standard personal injury statute of limitations: you generally have two years from the date the injury occurred to file a lawsuit.
How Do We Prove Negligence In A Dog Bite Case?
To prove negligence in a dog bite or dog-related injury case in Bakersfield, your attorney typically shows:
- The dog owner owed a duty of care, such as properly restraining, leashing, or supervising the dog.
- The owner breached that duty, for example by letting the dog roam freely, failing to control a known aggressive dog, or ignoring leash laws.
- Causation, meaning the breach directly resulted in your injuries.
- Damages, which include medical bills, pain and suffering, lost wages, and long-term scarring.
What Type of Injuries Are Caused By Dog Attacks?
Dog attacks can range from minor to life-changing, and the injuries often require specialized medical care. Common injuries in dog bite cases include:
- Puncture wounds and lacerations, which can lead to infection or nerve damage.
- Torn ligaments or crush injuries, especially if the dog bites and shakes.
- Severe scarring or disfigurement, particularly on the face, arms, or legs.
- Soft-tissue injuries, such as muscle tearing or tendon damage.
- Broken bones or fractures, often from being knocked down or pulled to the ground.
- Nerve injuries, which may result in long-term mobility issues or numbness.
- Psychological trauma, including anxiety, PTSD, fear of animals, or emotional distress.
How should I gather and document evidence for my dog bite case in Bakersfield?
Strong documentation is key to winning a dog bite case, especially in Kern County where strict liability applies but insurers may still dispute the facts. To build the strongest claim:
- Photograph everything: your injuries at every stage, the dog, the location of the attack, clothing damage, and any visible blood or bite marks.
- Seek immediate medical care so there’s a clear medical record linking the injury to the dog bite.
- Report the incident to Bakersfield Animal Control, which creates an official record and may document prior complaints about the dog.
- Collect witness statements, including names, phone numbers, and brief descriptions of what they saw.
- Preserve damaged clothing or items as physical evidence.
- Keep all medical records, receipts, and communications with the dog owner or insurance company.
- Avoid giving recorded statements to insurers before speaking with a Bakersfield dog bite lawyer, as adjusters may try to minimize your injuries or shift blame.
How long does a dog bite case in Bakersfield typically take to resolve?
The timeline varies, but most Bakersfield dog bite cases resolve within a few months to over a year, depending on several key factors:
- Severity of your injuries — cases involving surgeries, scarring, or long-term treatment often take longer because you should reach “maximum medical improvement” before negotiating.
- Liability disputes — if the dog owner denies responsibility or argues provocation or trespassing, negotiations can slow down.
- Insurance cooperation — some insurers settle quickly, while others delay or undervalue claims.
- Whether a lawsuit is needed — if negotiations fail, filing suit can extend the timeline to 12–24 months, depending on court scheduling in Kern County.