If you are a dog bite victim or a dog owner in California, it is crucial to be aware of the state’s laws governing dog bites. A bite can occur for various reasons, such as when a dog plays too rough or becomes territorial. Regardless of the circumstances, you could be liable if your dog bites someone under California law.
This blog post will discuss some key provisions of California’s dog bite statute. We will also provide tips for preventing dog bites from occurring.
What constitutes a dog bite in California
Under California law, a “dog bite” includes any situation where a dog attacks or attempts to attack, and someone is injured as a result.
This can include situations where the dog knocks a person down, causes them to trip and fall, or even jumps up on them in a way that causes an injury. It’s important to note that the dog does not have to make contact with the person’s skin for it to be considered a bite – if the person is injured directly from the dog’s actions, it can still be considered a bite under the law.
You can still file a lawsuit if a dog bites you, even if the bite does not break the skin. The state recognizes that even a minor dog bite can cause serious injuries. For example, a dog bite can damage nerves, tendons, and ligaments and lead to infection.
In addition, many people who have been bitten experience emotional trauma, such as anxiety and fear.
As a result, California law allows victims of dog bites to recover damages for their physical and psychological injuries. If a dog has bitten you, you should contact an experienced personal injury attorney to discuss your legal options.
If you or someone you know has been the victim of a dog bite, it is essential to seek medical attention and legal counsel as soon as possible and then contact an experienced personal injury attorney who can help you protect your rights.
Dog bite victims’ rights in California
In California, dog owners are held to a strict liability standard if their dog bites or injures another person.
Dog owners are liable for damages regardless of whether they knew or should have known their dog was dangerous, which means that an owner cannot argue in defense that the owner was unaware the dog was dangerous or that the owner took care to prevent the animals from hurting someone.
If harm occurs, the owner must pay. There are some limits to this law, however.
The owner is strictly liable only if the injured person was:
- Bitten, attacked, or otherwise injured by the dog on public property
- The victim was lawfully on private property when the incident occurred
In addition, strict liability does not apply in cases where
- The victim provoked the dog
- The victim was trespassing on the property at the time of the incident.
Under the statute, anyone lawfully carrying out a legal duty, such as delivering mail, is protected from strict liability if a dog bites them on private property. This protection extends to people who are invited onto the property or who are there at the request of the property owner to perform repairs.
However, the protection does not extend to people who a dog bites while defending itself against provocative or annoying behavior.
In addition, the statute does not protect people bitten by police or military dogs performing law enforcement work or defending themselves against provocation.
If a dog bites you, it is important to understand your legal rights and options to determine whether you can sue for damages.
How to seek compensation for a dog bite injury
The first step is to collect evidence of the incident, Including photos of the injury, witness statements, and medical records.
The next step is to contact an experienced personal injury lawyer. Your lawyer will review the circumstances of your case and advise you on the best course of action.
In many cases, dog bite victims can recover damages through a personal injury lawsuit. To win your case, you must prove that the dog’s owner was negligent in controlling the animal.
For example, if the owner knew that the dog was aggressive but failed to prevent it from biting someone, they may be liable for their injuries.
If you have been the victim of a dog bite, don’t hesitate to seek legal help. An experienced personal injury lawyer can guide you through seeking compensation for your injuries.
Who is liable for damages in a dog bite case
The answer depends on the circumstances of the case.
The owner may be liable if the dog was known to be aggressive and the owner did not take steps to prevent the attack.
However, if the victim was trespassing on private property or provoking the dog, the owner may not be held responsible.
In any case, it is important to seek legal counsel to determine who is liable for damages. An experienced attorney can review the facts of the case and advise you of your legal options.
How much money can you expect to receive in a dog bite settlement or verdict?
In California, the amount of money you can receive in a dog bite settlement or verdict will depend on various factors, including the severity of your injuries, the medical costs associated with your treatment, and any lost wages you may have incurred as a result of the incident.
The court will also consider whether the dog’s owner was aware of the animal’s dangerous propensity for biting and whether they took reasonable steps to prevent such an incident. If it is determined that the owner was negligent in their care of the dog, they may be held liable for damages over what would typically be covered by homeowners insurance.
As such, it is important to speak with an experienced personal injury attorney to discuss your legal options and determine what type of compensation you may be entitled to.
You may be entitled to compensation if a dog bite has injured you or a loved one. The experienced personal injury attorneys at Terhovsepian Law can help. We have a proven track record of success in dog bite cases and will fight for the total and fair compensation you deserve.
Dog bites can cause serious injuries, including puncture wounds, lacerations, and infections. In some cases, victims may also suffer from emotional trauma. You should not have to bear the financial burden of these injuries alone. The dog owner that bit you may be liable for your medical expenses, lost wages, and pain and suffering.
Our attorneys will investigate your case and gather evidence to build a strong claim on your behalf. We will then negotiate with the insurance company for a fair settlement. We are fully prepared to take your case to trial if they refuse to offer a reasonable amount.
Contact us today to schedule a free case evaluation. We will review your case and explain your legal options. There is no risk or obligation; we only get paid if we win your case.