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Victim of a Dog Bite Attack?

San Jose Dog Bite Attorneys

Seeking Justice Throughout San Jose, CA

If you or your child has been attacked and bitten by a dog in Northern California, our San Jose personal injury attorneys at Caputo & Van Der Walde LLP can help. Every year, we represent more and more individuals who have been viciously savaged by a neglected dog. Whether the result of severe abuse, careless training, or incompetent ownership, dog owners who allow their pets to harm others are indeed responsible.

Don't let the physical and emotional scars from your attack prevent you from obtaining the care and compensation you deserve.

Call us at (800) 900-0863 and we can help put this chapter behind you.

According to a recent report from Center for Disease Control (CDC), it is estimated approximately over 4 million people each year are attacked by dogs. Of these, nearly half are children under the age of 9.

Children and Dog Bites

Due to their smaller stature and the fact that they have not yet finished growing, children run the risk of sustaining significant injury if involved in a dog bite incident. Surgeries to correct injuries may not always be successful in fully repairing the damage, which may result in a child having to endure a lifetime of adapting to his or her injuries.

The CDC recommends that children facing a potential dog bite incident remain as calm as possible, choose not to run away, but remain perfectly still instead, even if the incident has escalated and the child has been knocked to the ground. Always avoid direct eye contact with a dog and avoid approaching unfamiliar dogs. Parents should keep a watchful eye over their children as they interact with any dog.

The numbers are staggering when layered against the debilitating injuries often suffered in such an attack, including:

  • Permanent nerve damage
  • Bone fractures
  • Disfigurement
  • Loss of limb function
  • Cranial trauma
  • Crippling phobias
  • Wrongful death

Recently in California, over 1,900 dog bite claims were filed with insurance agencies and as estimated $64 million in damages were awarded, leading the LA Times to dub the state "Dog Bite Capital of The United States."

Me or my child has been bitten, now what?

First and foremost, you'll want to speak with a medical professional, no matter how seemingly insignificant the wound may be. Even the smallest of dogs can harbor dangerous bacteria that can lead to serious infection or worse. This will also provide professional verification and assessment of the damage, should you decide to pursue legal action.

Under California Penal Code 398.A, the owner of the offending dog is required by law to report the bite to the proper authorities.

More often than not, owners are reluctant to provide such an open admission of guilt even if they are close to the victim. In which case, it will be up to you, the injured party, to speak with Animal Control or law enforcement. Depending on your relationship with the dog, this could be quite difficult, but it is in your best interests to do so, immediately after an attack.

Try to take as many photos and document as much of the scene as possible afterwards. If you are unable, have a family member or friend gather the information for you. Collecting as much evidence of the incident can prove to be the difference in a dog bite lawsuit.

When Dog Bites are Fatal

Regardless of past behavior or circumstance, a fatal dog attack can occur at any time. It only takes an instant for an individual to be significantly harmed by a dog's bite, which can quickly turn deadly.

Furthermore, delayed medical assistance can also exasperate a dog bite injury, particularly if the victim has lost a great deal of blood or has been bitten by a rabid animal. Dog attacks can be fatal, especially if the involved dog has a history of biting someone in the past and has been labeled as dangerous.

California Civil Code 3342.5 stipulates that "the owner of any dog that has bitten a human being shall have the duty to take such reasonable steps as are necessary to remove any danger presented to other persons from bites by the animal."

Call Caputo & Van Der Walde at (800) 900-0863.

Finally, be sure to contact our professional dog bite attorneys at Caputo & Van Der Walde LLP at (800) 900-0863. We provide a full consultation, at no cost to you, which will help weigh your legal options, ascertain the best course of action in regards to any insurance claims, and determine if you should move forward with a personal injury lawsuit.

Our knowledgeable team has assisted hundreds of dog bite victims and has built a reputation of compassionate and comprehensive representation. Retaining the services of Caputo & Van Der Walde LLP can help grant you the peace of mind you need along with the financial compensation you deserve.

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