In California, damages recoverable for a dog bite can encompass various types of compensation, depending on the circumstances of the incident and the resulting injuries. Here are the typical types of damages that may be recoverable:
- Medical Expenses: This includes all reasonable and necessary medical costs related to treating the injuries caused by the dog bite. It covers expenses such as hospital bills, surgeries, medications, rehabilitation, and future medical treatments directly related to the injury.
- Pain and Suffering: Damages for physical pain, discomfort, and emotional distress experienced as a result of the dog bite. This category of damages seeks to compensate the victim for the actual suffering endured due to the injury.
- Lost Wages: If the injury from the dog bite causes the victim to miss work or reduces their ability to earn income, they may recover compensation for lost wages. This can include both past lost wages and future loss of earning capacity if the injury affects the victim’s ability to work in the long term.
- Property Damage: If the dog bite resulted in damage to personal property, such as torn clothing or broken glasses, the cost of repairing or replacing these items may be included in the damages.
- Scarring and Disfigurement: If the dog bite causes permanent scarring, disfigurement, or other visible injuries that affect the victim’s appearance, damages may be awarded to compensate for these physical changes.
- Loss of Consortium: In cases where the injuries from the dog bite affect the victim’s relationship with their spouse or family members, damages for loss of consortium may be sought to compensate for the impact on these relationships.
It’s important to note that California follows strict liability for dog bites under Civil Code section 3342. This means that dog owners are generally held liable for damages resulting from a bite, regardless of whether the dog has shown prior aggression or the owner was aware of such tendencies. However, there are exceptions and defenses available to the dog owner.
If you’ve been bitten by a dog in California, you should consult with a personal injury attorney. They can assess your situation, determine the potential damages you may be entitled to, and guide you through the legal process to seek fair compensation for your injuries and losses.