A dog attack can occur quickly and cause injuries that can take a long time to heal. In addition to the physical pain, there’s the shock, the anxiety, and the medical bills, which begin to pile up before you have a chance to think clearly. A dog bite injury can have lifelong consequences for both adults and children and is often more serious than the bite wound itself.
Attorney Roberto Hernandez represents dog bite victims throughout the Salt Lake Valley and Northern Utah. If someone else’s dog injured you, understanding your legal rights may be an important step toward protecting your future. And no, you should not have to shoulder the financial burden of medical treatment and recovery alone.
Reach out to us today for a free consultation. We handle dog bite cases on a contingency fee basis, which means you don’t pay attorney fees unless we obtain compensation for you.
How can we Help?
Unlike many personal injury cases, dog bite cases are unique, and Utah’s dog bite statute is really more protective of victims than most realize.
Under Utah Code § 18-1-1, Utah has a strict liability standard. This means that, even if a dog has never been aggressive before, the dog owner is responsible for the injuries their dog causes.
Utah does NOT have a “one bite” rule. No proof of the owner’s knowledge of the dog’s dangerous nature is required, only proof that the bite occurred, the dog was the owner’s dog and the person was lawfully present at the time of the bite.
In Utah, part of the strict liability doctrine does not negate the importance of evidence. Medical records, photographs, witness statements, and other proof of injury may help determine the extent of your injuries and damages.
The consequences of a dog attack can include:
All of these should be documented, treated, and taken into account when calculating the total value of your claim.
Dog bites are not as simple as they may seem at first glance. Insurance companies will attempt to minimize the value of your claim and focus on whether you provoked the dog. It makes a huge difference to have an attorney who takes your case seriously from the outset.
Every case receives direct attorney involvement from Roberto Hernandez. We will not pass you to a case manager or give you a different individual to talk to each time you call. We approach every dog bite claim with the following principles:
Services are offered in English and Spanish. There are no upfront fees.
Most dog attacks don’t come out of nowhere. They are generally the result of a specific failure of the owner, property or situation. It is important to understand the cause, as this can help to determine who is responsible.
A dog is more likely to attack when it is not on a leash or not under the control of its owner. That's why there are local leash laws and why negligence claims can be added to strict liability claims.
Dogs that escape through broken gates or damaged fencing can cause serious injuries to unaware pedestrians, neighbors, or visitors. An argument of negligence might be strengthened if proof indicates the owner did not maintain adequate barrier.
Children are victims of dog bites more often than anyone else, partially because they may not understand a dog's warning signals and partially because they are closer to a dog's eye level. If an owner leaves a dog unattended while young children are present, the owner carries that risk.
Past incidents of growling, snapping, and aggression, even those in which no bite occurred, may be of relevance to your case. If the dog had a reputation for aggressive behavior, and the owner didn't address the problem, the owner may be held more liable.
There are ordinances in many cities and counties of the state of Utah relating to dog containment and licensing. If those rules are breached by an owner during an attack, it will be evidence of negligence in a personal injury case.
Physical damage resulting from a dog attack can be from mild to severe and can even be life-changing. One thing that sets dog bites apart from numerous other injuries is that the damage is frequently more than what lies on the surface of the skin.
Even a relatively small bite can go deep and into the muscle tissue. Such wounds are prone to infection and often heal more slowly.
Larger dogs can cause deep lacerations, causing a lot of tearing of the skin and underlying tissue. The injuries may need to be stitched up or closed in some way and may cause permanent scarring.
In some areas, particularly the face, arms and hands, bites cause damage to the nerves, resulting in numbness, weakness or loss of sensation that can be permanent.
Dog mouths contain bacteria that can result in serious infections. An infected bite wound can be the cause of cellulitis or more serious infections if not treated promptly and correctly.
Bites, especially on the face, may leave scars that can be corrected with reconstructive surgery. If there is a visible scar and the cosmetic surgery is costly, both of these can be compensated.
Children are physically smaller than adults and are face-to-face with dogs, which means they are at greater risk of dog bite injury. Facial injuries, emotional trauma and permanent scarring are especially prevalent with young children.
Under Utah law, dog bite victims may recover damages they can prove. There are two types of damages:
These include measurable financial losses such as:
These include the effects of the attack on the individual:
Two cases with similar injuries can result in very different compensation outcomes depending on liability strength, documentation quality, and consistency of medical records.
The actions taken after a dog bite may directly impact your case. To help you with that, here is a useful checklist:
Even if the wound looks manageable, still seek medical attention. This will begin your documentation and produce healthcare records.
Call animal control or local law enforcement. An official report can serve as important evidence in your claim.
Get their full name, address and phone number. Inquire about the dog's vaccinations.
Take photographs of the bite wound, bruising, shredded clothing and the area where the attack occurred.
Keep all your medical bills, prescription receipts, and documents about your injury and treatment.
Insurance companies often rush to settle claims at low settlements without understanding the full scope of your injuries. Consult with a lawyer first.
The more quickly we become involved, the earlier we'll be able to build a foundation for a strong case.
Here’s what you can expect when working with us:
We sit down and discuss what has happened, offer you the truth, and share with you what you can do. Free of cost and pressure.
The incident report is reviewed, animal control records are compiled, and all parties that may be responsible are identified.
Hospital records, photographs, witness statements, and any history of previous incidents are gathered to strengthen your case.
We take care of all communication with the dog owner's homeowner's insurance provider and ensure we seek compensation for your injuries that is commensurate with the damage done.
If the insurance company refuses to pay a reasonable amount for the claim, we go to court.
There really are good reasons not to delay this. As time goes on, evidence is more difficult to obtain. As time passes, injuries heal, photographs are lost, and witness memories become less reliable. The owner’s dog insurance firm may be laying a defense.
There are a couple of elements to note:
Hernandez Injury Law is the place to turn when you’re a victim of a dog bite in the Salt Lake Valley and Northern Utah. We work in:
We’re here to help you, wherever you may be in the region.
Under the strict liability law in Utah, victims can seek compensation even if the dog had never bitten anyone in the past. The owner is liable, unlike in some states, for any damage or injury caused by the dog without any proof that the owner knew the dog was dangerous at the time of the injury.
Yes. Utah’s strict liability law under Utah Code § 18-1-1 holds dog owners responsible for bite injuries regardless of prior behavior. As long as you were lawfully in the location where the attack happened, you generally have the right to pursue compensation for your medical costs, lost wages, pain and suffering, and more.
Provocation is one of the defenses that may be raised in dog bite cases. Whether it applies depends on the specific facts of the situation, and even minor or accidental actions are often disputed.
Nothing upfront. We handle dog bite cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for you. Your consultation is free.
Utah’s statute of limitations for personal injury claims is generally four years from the date of the injury. Waiting too long can cost you the right to file. It’s always better to get started early so evidence can be preserved.
We serve clients throughout Northern Utah and the Salt Lake Valley, including Salt Lake City, Ogden, Sandy, West Jordan, Taylorsville, Midvale, Holladay, Cottonwood Heights, East Millcreek, and surrounding areas.
If you or a loved one suffered injuries in a dog attack, we encourage you to learn about your legal options as soon as possible. Dog bite claims involve real deadlines and time-sensitive evidence. The sooner we talk, the better.
We offer free consultations in both English and Spanish and handle cases on a contingency fee basis, meaning there is no fee unless we recover compensation on your behalf.