Clovis Dog Bite Attorney

Holding Negligent Dog Owners Accountable

In California, dog owners are held strictly liable when their animal bites another person, regardless of the dog’s past behavior. This legal standard provides critical legal protections for victims, ensuring they do not have to prove negligence or establish foreseeability to pursue damages. Instead, the law recognizes that with dog ownership comes responsibility, and when a pet owner fails to control a vicious dog and it results in harm, the owner can be held accountable.

Californiaa Civil Code § 3342 clearly outlines this principle, stating that a dog owner is liable for damages if their dog bites a person in a public place or lawfully in a private place, including the dog owner’s property. There are a few narrow exceptions, such as provocation or trespassing, but in most cases, liability is automatic.

This strict liability framework applies in cities like Clovis, where dogs are commonly found in residential neighborhoods, public parks, and trails. Whether an attack occurs in the backyard, on a sidewalk, or at a dog-friendly event, the law does not require the victim to show that the dog was previously aggressive. If the bite occurred under lawful circumstances, the owner is likely liable for resulting injuries.

What Counts as a Dog Bite Under the Law?

While the law centers around the word “bite,” it’s important to understand how broadly courts interpret that term. A bite doesn’t necessarily have to break the skin or resemble a stereotypical dog attack. In many cases, victims are surprised to learn that injuries they sustained still qualify under California’s dog bite statute.

Several types of incidents can fall under the legal definition of a dog bite or related injury:

Puncture Wounds or Skin Breaks: Any situation where a dog’s teeth pierce the skin, no matter how minor the wound appears, typically meets the legal threshold for a bite. Even a single tooth mark can suffice.
Soft Tissue Injuries Without Bleeding: In some cases, a bite may bruise or crush tissue without breaking the skin. California courts have interpreted this as a bite if teeth were involved in causing the trauma.
Knockdowns Caused by Biting Behavior: If a dog lunges, bites at clothing, or tugs on a limb, causing the victim to fall and sustain injuries, the act may still qualify under strict liability even if the bite itself was not the direct source of injury.

Injuries from Claws or Jumping: Injuries caused solely by a dog scratching, jumping, or otherwise acting playfully or aggressively without biting typically do not qualify for strict liability. These cases may allow a claim to be filed under general negligence if the owner failed to control the dog.

Secondary Injuries from the Attack: Harm sustained while trying to escape an attacking dog, such as falling down stairs or crashing a bicycle, may be considered related injuries and thus compensable under the law.

Victims should not assume their injuries are insignificant or non-actionable. A legal review can determine whether strict liability or alternative theories of negligence apply.

Dog Bite Injuries That Deserve Compensation

Dog bite injuries are often far more serious than people expect. Because of the strength of a dog’s jaw and the risk of infection, even relatively small bites can lead to major medical issues. When children are involved, the consequences can be physically and emotionally devastating, often leaving permanent scars.

Common injuries that warrant compensation include:

Facial Lacerations and Disfigurement: Bites to the face are tragically common, particularly with children. These wounds may require reconstructive surgery and can result in lifelong scars, impacting self-esteem and social development.
Infections and Disease: Dog bites can carry bacteria like Pasteurella, which can lead to cellulitis, abscesses, or systemic infections. In rare cases, diseases like rabies or tetanus may also be transmitted if the dog is not properly vaccinated.
Nerve Damage and Mobility Issues: Bites to hands, arms, or legs can sever nerves or damage tendons, resulting in long-term loss of mobility, sensation, or fine motor control.
Emotional and Psychological Trauma: Victims, especially children, often suffer from post-traumatic stress disorder (PTSD), anxiety, and nightmares after an attack. These effects may require years of therapy to address.
Reconstructive and Cosmetic Surgery: In addition to emergency treatment, many victims undergo multiple rounds of surgery to restore function and appearance. This medical journey is often costly and emotionally draining.

When evaluating a dog bite claim, it is essential to consider the full extent of the injury, including its physical, emotional, and financial impacts. Compensation should reflect current and future needs.

How Insurance Companies Fight Claims

Most dog bite claims are paid out through the dog owner’s homeowner’s insurance policy. While this should provide a clear path to compensation, insurers often attempt to reduce or deny valid claims using various strategies. Understanding how insurers operate can help victims prepare for pushback and pursue the full compensation they are entitled to receive.

Common insurance company tactics include:

Policy Limitations and Exclusions: Some policies limit payouts for dog-related injuries or exclude coverage for certain breeds. Insurers may claim that the dog involved was excluded or that the bite fell outside policy scope.
Blaming the Victim: Adjusters may argue that the victim provoked the dog, ignored warnings, or was trespassing, even in cases where there is no supporting evidence. These arguments can be particularly frustrating for children or elderly victims.
Minimizing Injury Severity: Insurers may downplay injuries, claim wounds are superficial, or dispute the necessity of follow-up treatments or plastic surgery. They may also resist covering psychological care.
Delaying Communication: Prolonged delays, repeated document requests, or vague denials are common tactics used to frustrate victims into accepting a low settlement or dropping the claim altogether.
Lowball Settlement Offers: Even when liability is clear, insurers often offer far less than what the injury is truly worth. These offers may arrive early, before the full extent of medical needs is fully understood.

Having an experienced legal team in your corner helps counter these strategies and push back against tactics that put profits over people.

What To Do After a Dog Attack in Clovis

If you or a loved one has been bitten or injured by a dog in Clovis, acting quickly is vital for both your health and your legal rights. Even minor-looking injuries can become serious if not properly treated, and early documentation is essential in building a strong claim.

Follow these steps immediately after a dog attack:

Seek Medical Attention: Get professional treatment right away. Infections can set in quickly, and some injuries may not be immediately visible. Medical records will also serve as crucial evidence.

Report the Incident to Animal Control: Contact Clovis Animal Services or Fresno County Animal Control to file a report. They can not only help identify dangerous animals but also create an official record of the event.

Document Everything: Take photos of your injuries, the location of the attack, and the dog, if possible. Gather witness information and keep a journal of your symptoms and treatments.

Identify the Dog and Owner: Obtain the name, address, and insurance information of the dog’s owner. Try to confirm the dog’s vaccination status and any past aggression incidents.

Contact a Dog Bite Attorney: An experienced attorney can thoroughly evaluate your case, effectively negotiate with the insurance company, and pursue full compensation on your behalf. Waiting too long could weaken your case or cause you to miss filing deadlines.

Quick and thoughtful action can make a major difference in your recovery and in holding negligent dog owners accountable.

Frequently Asked Questions About Dog Bite Claims

What if the bite happened on the dog owner’s property?

You can still recover damages if you were lawfully on the property. California’s strict liability law applies regardless of location, as long as you weren’t trespassing or provoking the animal.

Do I need to prove the dog was dangerous?

No. Under California Civil Code § 3342, you do not need to prove that the dog had a history of aggression or that the owner acted negligently. The fact that a bite occurred is usually enough.

What happens if the dog has no prior attacks?

Even if it’s the dog’s first bite, the owner is still strictly liable. Prior attacks are not necessary to establish legal responsibility.

Is there a deadline to file a dog bite lawsuit?

Yes. In California, you generally have two years from the date of the bite to file a personal injury lawsuit. Waiting beyond this period can result in your claim being barred entirely.

Can a child sue for a dog bite?

Yes. A parent or legal guardian can file a claim on behalf of a minor. The law provides extra protections for children, recognizing their greater vulnerability and the lasting impact of traumatic injuries.

Call Tomassian, Pimentel & Shapazian for Legal Representation

Dog bite injuries can be physically painful, emotionally scarring, and financially overwhelming. Whether you were bitten in a neighborhood park, on a Clovis sidewalk, or visiting someone’s home, you have the right to hold the dog owner accountable. At Tomassian, Pimentel & Shapazian, we understand the unique challenges of dog bite claims and work hard to ensure victims receive fair compensation.

Call (559) 545-0383 today to speak with a Clovis attorney who will advocate for you and your family every step of the way.