Filing a Wrongful Death Lawsuit After a Fatal Dog Attack in California
When a beloved family member is killed in a dog attack, the shock and grief can be overwhelming. You may be facing funeral expenses, lost income, and emotional trauma. California law provides a path for holding the dog owner responsible and recovering damages through a wrongful death lawsuit. It’s important to act quickly, understand your rights under the Civil Code, and gather the evidence needed to build a strong case.
Understand California’s Strict Liability Dog Bite Law
Under California Civil Code § 3342, dog owners are strictly liable if their pet bites or attacks someone in a public place or lawfully in a private place. This statute means you don’t need to prove the owner knew the dog was dangerous. Fatal attacks fall squarely within this rule.
Secure The Pet And Incident Scene
Immediately after the attack, if possible, ensure the dog is contained to prevent further harm. Take photographs of the scene, the dog, any fencing or enclosures, and your loved one’s injuries. Collect contact information from witnesses and first responders. These steps preserve critical evidence and document the pet’s environment and the conditions that allowed the attack.
Obtain Medical And Autopsy Records
Request all medical records detailing treatment before death. If an autopsy is performed, obtain the autopsy report and any toxicology results. These documents establish the cause of death and severity of injuries. We review these records to calculate wrongful death damages, including loss of financial support under § 377.61 and loss of companionship under § 377.34.
File A Timely Wrongful Death Claim
California’s statute of limitations for fatal dog attacks is two years from the date of death (Code Civ. Proc. § 335.1). Failing to file within this window generally bars recovery. We prepare and file a complaint in the appropriate superior court, naming the dog owner and any responsible parties. Our complaint cites Civil Code § 3342 for strict liability and outlines damages permitted under the wrongful death statutes.
Gather Evidence Of Owner Negligence Or Knowledge
Although strict liability applies, additional evidence of negligence or prior incidents can increase your compensation. We search for records of previous aggression, citations, or neighborhood complaints about the dog. We may depose neighbors, animal control officers, or veterinarians. Demonstrating the owner’s knowledge of danger can lead to punitive damages under Civil Code § 3342.2 when the owner’s conduct is especially reckless.
Calculate Potential Damages
Wrongful death damages in California include:
- Funeral and burial expenses (Code Civ. Proc. § 377.61)
- Lost financial support from the decedent (Code Civ. Proc. § 377.61)
- Loss of love, companionship, and consortium (Code Civ. Proc. § 377.34)
We work with economists to project future losses and present a clear valuation in court or settlement negotiations.
Retain Experienced Legal Representation
Dog attack cases demand both legal skill and compassion. We file pleadings, conduct discovery, negotiate with insurance companies, and prepare for trial if needed. Our firm in Oakland serves the entire Bay Area, guiding families through each stage, from filing the initial complaint to the final settlement or verdict.
Fatal Dog Attack Lawsuit Frequently Asked Questions
What Should I Do Immediately After A Fatal Dog Attack?
Ensure the dog is contained to prevent further harm, and call 911. Take photos of the scene, the dog, and any injuries. Gather witness names and statements. Seek medical care even if injuries seem minor. Prompt evidence collection preserves critical details for your wrongful death claim under Code Civ. Proc. § 335.1.
How Does California’s Strict Liability Law Apply In Fatal Dog Attacks?
Civil Code § 3342 holds dog owners strictly liable when their animal bites or attacks someone in a public or lawful private place. You don’t need to prove the owner knew the dog was dangerous. In wrongful death claims, we use § 3342 alongside § 377.60–377.62 to recover funeral expenses, lost support, and emotional damages.
Who Can File A Wrongful Death Lawsuit After A Dog Attack?
Under Code Civ. Proc. § 377.60, the decedent’s surviving spouse, domestic partner, children, and issue of deceased children can bring a claim. If there is no surviving issue of the decedent, the persons entitled to the decedent’s property by intestate succession (such as parents) are eligible to file a case.
What Types Of Damages Are Available In A Fatal Dog Attack Case?
Recoverable damages include funeral and burial costs under § 377.61, lost financial support under § 377.61, and loss of love and companionship under § 377.34. Punitive damages may apply if the owner acted with malice or reckless indifference under Civil Code § 3342.2.
How Long Do I Have To File A Wrongful Death Claim?
California’s statute of limitations for wrongful death is two years from the date of death (Code Civ. Proc. § 335.1). Missing this deadline generally bars your claim. We file early to ensure compliance and preserve your right to recovery.
Can I Settle With The Dog Owner Before Filing A Lawsuit?
Yes, you can negotiate a settlement at any time. However, a formal lawsuit may be necessary to compel full disclosure of insurance limits and to protect your rights if negotiations stall. We advise obtaining a fair and binding agreement that covers all current and future damages.
Do I Need A Lawyer To Pursue A Wrongful Death Claim?
While not required, experienced counsel is crucial. We handle complex pleadings, discovery, and negotiations with insurers. Our familiarity with California’s statutes—Civil Code § 3342 and Code Civ. Proc. § 377.60–377.62—ensures all elements of your claim are properly presented.
Contact Our Oakland Wrongful Death Attorneys For A Free Consultation
If your loved one died in a dog attack, time is of the essence. At Bracamontes & Vlasak, we represent families throughout the Bay Area and all of California. We handle every step of your wrongful death claim with compassion.
Contact our Oakland wrongful death lawyer at Bracamontes & Vlasak by calling 415-835-6777 to receive your free consultation. Let us fight for the compensation and justice your family deserves.
