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Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

We at Mike Agruss Law are proud to serve the people of San Jose County in personal injury cases, including when you or a loved one has suffered an injury in a dog bite attack, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you receive full financial compensation for all injuries and losses, such as medical expenses, lost wages, and pain and suffering, and you won’t owe us a dime for our services. Contact our San Jose dog bite attorneys for a free consultation today.

Dog Bite Injuries

Animal attacks can result in very serious injuries, both physical and psychological. Many victims suffer from scarring and emotional trauma following a dog bite attack, and sometimes this damage can be long-term or even permanent. When a dog bite occurs due to the negligence of the owner, he/she should be held legally accountable for the damages in a personal injury claim.

In 2016, Illinois ranked second in the U.S. in payouts for claims on homeowners’ insurance policies, according to the Insurance Information Institute (III), and these included over 900 claims against the insurance policies of dog owners; the average payout was just under $43,000. Here are some important considerations for dog bite cases:

Emotional/psychological trauma

Victims in these cases may suffer from anxiety, flashbacks, or even post traumatic stress disorder (PTSD) after a dog attack.

Medical expenses

Dog bite injuries can result in a variety of complications, such as infections and damage to nerves, muscle, or tissue, which may require significant medical care and expenses.


Visible scars, especially those which are permanent, can reduce a victim’s confidence or self-esteem, and cosmetic surgery may be necessary to treat some scars.

California’s Dog Bite Laws

There are two approaches to dog bite law, which vary by state: negligence and strict liability. California, like Illinois, follows strict liability, which means that dog attack victims must prove that: the defendant’s dog attacked or attempted to attack him/her; the dog was not provoked; and the plaintiff was not trespassing on the dog owner’s property when the attack occurred. But, remember that every dog bite case is different and should be thoroughly evaluated by a experienced dog bite attorney.

Example Settlements

Here are some settlements for dog bite victims which were won in Illinois, which also has a strict liability approach to dog bite laws:


An elderly woman in south Chicago was outside watering her flowers when a large dog with no collar approached, knocked down, and mauled her. She was found a short time later by a passerby and doctors determined she suffered a number of injuries, including broken bones and scarring. With help from an experienced attorney, the dog and its owner were tracked down and she filed a suit against the dog owner, resulting in a $500,000 settlement for the dog bite victim.


A kennel worker in Winnebago County, who was 35 and pregnant at the time, was walking a large dog at work when it knocked down and mauled her, resulting in broken bones, bite marks, scrapes, and infections in some of her wounds. During the case, it came to light that the dog owner had failed to disclose previous attacks by the dog against other individuals. The case was eventually settled in favor of the plaintiff for $305,000.


In Plano, Illinois, an owner of three terriers was out of town and one of his relatives (who was responsible for caring for the dogs) left the door open, resulting in the dogs escaping and attacking a 60 year-old woman. The woman suffered from bites, scarring, and nerve damage, and the case was settled in favor of the plaintiff for $62,333.


When pet owners are legally responsible for a pet attacking another person or animal, the pet owner’s insurance company will typically pay the compensation, and the very fact that insurance companies are involved makes the help of a personal injury lawyer essential for a successful case and full compensation for your dog bite injury.

Many insurance policies only cover damages to a certain extent, which means the dog owner may also be pursued for the remaining compensation. With the help of an experienced attorney, California dog bite victims can successfully pursue all involved parties for compensation, regardless of the owner’s insurance policies, and recover for damages such as medical expenses, lost wages, and pain and suffering.

Dog Bite Fatalities

While dog bites and attacks are somewhat common in the United States, there are rare and devastating cases in which dog bites occur and result in the death of a person. And while city and state laws have been effective in addressing these cases, the underlying problem for some dog bite claims is that many dog attacks which result in a death are caused not by family dogs, but dogs which are strays or otherwise uncared for, which can be challenging for legal cases. If you have lost a loved one due to an attack by a dog, our experienced dog bite lawyers are here for you every step of the way to ensure a successful dog bite claim that fully compensates you for your losses.

In the Chicago area and throughout the United States, studies have been conducted by the National Canine Research Council and similar organizations to shed light on the most common contributing factors in dog attacks resulting in serious injury or death. Here are the primary factors in order of likelihood:

  • There was no able-bodied adult who could have intervened in the attack;
  • The dog was an unfamiliar dog with which the victim had no prior relationship;
  • The dog was not spayed or neutered;
  • The victim had physical- or age-related limits;
  • The dog was maintained “as a resident” instead of a family pet;
  • The dog’s owner had a history of abuse or mismanagement of dogs or other pets;
  • The dog’s owner abused and/or neglected the dog.

While some people assert that certain breeds are more aggressive or dangerous than others, such as pit bulls or Rottweilers, studies and statistics regularly challenge these myths and show that the circumstances of the attack matter more than the dog’s breed. And while stray dogs usually pose a greater risk of an attack than family dogs, the dogs most likely to attack a person are those who are abused, neglected, or otherwise not properly cared for. Those which are abused and/or lack human connection are far more likely to attack a person, especially without provocation, and in many cases the dog’s owner will be legally liable for the damages in a dog bite lawsuit.

Contact us Today!

If you or a loved one has suffered an injury or wrongful death from a dog bite in the San Jose area, you need an experienced San Jose dog bite lawyer. Contact Mike Agruss Law for a free consultation. We are a Chicago-based personal injury law firm, and helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people and not the powerful, we will take care of the insurance company, your medical treatment, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, Mike Agruss Law works on a contingency fee basis and is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.

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