Dog Bite Legal Action California
As described below under „Top 3 Dog Bite Defenses,” there are several situations in which a victim of a dog bite attack may not be able to recover under California`s dog bite laws. But even in cases where a defense could be invoked, a competent attorney can use other legal theories that can hold the owner of a dog responsible for the injuries of a canine attack victim. Based on the unique facts of each case, the advice of experienced dog bite attorneys in California is essential to assert the strongest legal claims available. Some additional theories are discussed below: Also note that California law imposes a similar standard to the one-bite rule regarding cat bites. In addition, you are both legally required to report the dog bite. Our dog bite attorney in California describes more. For more information about these crimes, please click on the appropriate link above or call our office for a free consultation with one of our dog bite lawyers in California. Below is an overview of California`s dog bite laws so you can add context to your troubling situation. Victims must be in public or legally on private property to take advantage of California`s dog bite law. If a dog bites you, you should immediately try to get the contact details of the dog owner, as well as the breed of the dog. No, California`s Dog Bites Act is just one of the ways victims can get compensation like medical bills.
Victims can also receive compensation by showing: Examples of people fulfilling a legal obligation under federal or state law include: It is important to note that bite victims still have to prove that the circumstances of the attack will hold the owner accountable. This often involves proving that the dog owner legally owns the dog in question, that the accused dog was indeed responsible for the attack, and that the victim was not unauthorized at the time of the attack. In cases where the dog is in the care of a dog handler or house keeper, the rightful owner is usually always responsible for the attack. Because they knew what they were getting into, California courts have ruled that dog owners cannot be held strictly responsible if their dog bites one of them. If your dog bites someone, you must provide the bite victim with your dog`s contact information and medical history within 48 hours of the incident. Our personal injury lawyers have offices and legal representation throughout the state of California, including Los Angeles, Orange, Ventura, San Bernardino, San Diego and Riverside counties, as well as central and northern California. To discuss creating an attorney-client relationship, give us a call or fill out our contact form. Yes. In California, dog bite owners are strictly responsible for compensating a dog bite victim for their injuries, whether or not the dog has ever bitten a person before.
Risk management is a defense against strict liability for a dog bite according to Civil Code 3342.9 This is the rule of the veterinarian. To prove a case under California`s Dog Bites Act, victims must demonstrate that if a stray dog bites you on someone else`s property, you probably won`t be able to successfully file a lawsuit against the owner. Have you or a loved one suffered a dog bite injury? If you need help filing a dog bite lawsuit and finding a settlement, contact us at Shouse Law Group. Our dog bite lawyers in California to start your personal injury case and protect your legal rights. A dog is considered vicious if it has been used in illegal dog fights or if it has seriously injured or killed a person with aggressive force. California`s no-fault liability for dog bites also applies if a dog bites another dog, meaning the owner of the biter is responsible. To get compensation for your injuries after a dog bite in San Diego County or Southern California, you`ll need to file a claim with the owner`s insurance company or file a civil lawsuit if the owner or carrier refuses to pay you what you earn in a settlement. But with an average payment of nearly $40,000 per dog bite claim, it pays off for owners to ask about breed restrictions when looking for insurance.11 Liability for a dog bite can apply not only to the owner, but also to an owner if they have knowledge of the animal`s malignancy.x A person, even if she is not the owner of a malicious dog, can be liable to others by knowingly keeping or harboring the dog on their premises after becoming aware of their malignant tendencies.
Nevertheless, this requirement poses a particular difficulty for the applicant to determine whether there does not appear to be evidence of previous aggression by the dog. However, there are a few exceptions to this law. A person cannot sue a government agency that uses a dog for police or military work when the bite occurs while the dog is helping an employee and simply doing its job. In addition to submitting a police report, you should contact your local health department to inform them of the dog`s attack. The State of California requires the owner of the dog and the victim to notify their health services of the attack. If the owner does not do so or refuses to comply with the legal requirements regarding the quarantine of the dog, he can be prosecuted for crimes. This information was written and published by Juris Digital`s legal content writing team. The dog owner is responsible for dog bite injuries at the time he or she takes possession of that dog, with the following exceptions: California Dog Act, Civil Code 3342, is one of the strictest dog laws in the country. Unfortunately, the possibility of civil liability rarely comes to mind for dog owners, but cases of dog bites are common and injuries are more serious than expected. In California, dog owners must compensate victims, whether or not their dog has shown signs of aggression in the past.
It is not a defense that the victim was a strong and capable adult. Adults and children are entitled to dog bites despite their age, physique or susceptibility/disability. ii The „single bite rule” that applies in other jurisdictions states that an owner is only liable for dog bites if he has prior knowledge of the aggressive characteristics of the dog or if these aggressive traits have already manifested themselves. Single-bite laws do not impose strict liability on dog owners until they know their dog`s tendency to bite people. Because this usually requires personal injury lawyers to show that the dog has already bitten someone, dogs in states that enforce einbiss rules should receive a free bite. Perhaps the most complex legal scenario is a situation where the plaintiff sues the owner of the property where a dog owner lives. If the landlord is not an „owner” of the dog, the applicant must invoke the reason for the sieve. In other words, „[A] owner, unlike an owner, is not an insurer for the good behavior of a dog, but must have had the malignant inclinations of the animal before being held responsible for injuries inflicted by such an animal.” ix In such a scenario, the plaintiff must prove that the landlord had real knowledge of the dog`s dangerous inclinations or must have `experienced` those tendencies, before the responsibility is attached.