Legal Aspects of a Dog Bite Case

Video Transcript:

Cindy Speaker: What are your legal rights if you were bitten by a dog? That’s our topic on this episode of Main Street Law.  My guest is Los Angeles attorney Peter Steinberg of Steinberg and Spencer.  And Peter, how are you doing today?

Peter Steinberg: I’m great Cindy, thanks for asking.  How are you?

Cindy Speaker: Good, thank you.  Well Peter, I know you handled dog bite cases, and I’d like to ask you a couple of questions about that.  What do you find the most common causes of dog bites?

Peter Steinberg: Well generally, there are two causes of dog bites.  One is dogs skipping from private yards, and another cause would be dogs getting away from their owners and biting individuals.

Cindy Speaker: Okay.  Now, why are there different liability issues depending on specific circumstances under which the dog bite occurred?  In other words, is there any different liability if the dog was in its own yard where it’s supposed to be, or if it had escaped into the neighborhood?

Peter Steinberg: No.  There really is no difference.  In California, if you were bitten by a dog, it’s a virtually strict liability, and you’re not supposed to let your dog bite people as the basic underlying premise.

Cindy Speaker: Okay.  Just give me a definition of a strict liability?  How is that different than just liability?

Peter Steinberg: You really don’t have to prove that the owner negligently or carelessly caused our client’s injuries.  It’s almost automatic liability.

Cindy Speaker: Okay.  I understand.  Now, I know a lot of people have the mentality, “Oh gosh!  I don’t want to sue anybody.”  Can you tell me a little bit about how does a liable party pay?  In other words, if it’s your dog that bit the neighborhood child, how is that handled and paid for?

Peter Steinberg: Well two things Cindy.  First of all, oftentimes, we don’t have to sue anybody in a dog bite case.  Since they’re pretty clear-cut cases, we might be able to settle the case without a lawsuit.  And generally speaking, it is the homeowner’s insurance that pays.

Cindy Speaker: Okay.  One of the things that I found over the years is sometimes we think of a dog bite as a relatively minor occurrence.  But dog bites can be very serious.

Peter Steinberg: The most serious aspect of a dog bite is often scarring.  I represented many, many children who’ve had their faces bitten by dogs which resulted in permanent scarring.  There’s also psychological trauma.  But I think the scarring to the face or any other parts of the body is the most serious aspect of a dog bite.

Cindy Speaker: Peter, what is your recommendation if someone has been bitten by a dog?  Do you recommend that they call an attorney?  Should they deal directly with the insurance company?  What do you recommend that they do?

Peter Steinberg: Well Cindy, that’s a great question.  First I recommend that they get the medical attention they need, maybe go to an emergency room.  And I always recommend that a client in whatever kind of case they’re in, contact an attorney because the job of an insurance company is to pay the client as little as possible, and the job of an attorney is to get the client as much as possible.

Cindy Speaker: That makes sense.  Well Peter, I thank you for your time today.  And if someone has specific questions, how can they reach you?

Peter Steinberg: Well, I can always be reached through our toll free number, 1-800-350-8888.  I’m happy to answer any question.

Cindy Speaker: Very good.  Well Peter, thank you so much for your time today.

Peter Steinberg: You’re welcome Cindy.

Cindy Speaker:Until next time, this is Cindy Speaker for Main Street Law.