Dog bite cases are quite common in California, and mauling incidents can cause life-altering injuries or death. People who suffer injuries because of dog bites should always speak to a personal injury lawyer about seeking financial compensation.
Dog maulings in California are strict liability issues, which differs from certain other states that can excuse dog owners when they have no knowledge of their dog’s violent tendencies. In California, knowledge plays no role in potential liability as dog owners are strictly liable for the damages their dogs inflict on other parties.
California Dog Bite Laws
In California, a person can only file suit for dog bite damages when they have been bitten by a dog and were either in a public place or lawfully in a private place when the bite occurred. Under California Civil Code § 3342, the owner of any dog will be liable for damages suffered by any person bitten by a dog while they were in a public place or lawfully in a private place, which includes the property of a dog owner, regardless of the former viciousness of a dog or the dog owner’s knowledge of the viciousness.
An individual will lawfully be upon the private property of a dog owner when they are on the property for any duty imposed upon them by state laws or laws or postal regulations of the United States, or if they are on the property upon the express or implied invitation of the dog owner.
This law does not authorize any action against a governmental agency that uses a dog in military or police work when the bite or bites occur while a dog was defending itself from an annoying, harassing, or provoking act, or assisting an agency employee in the apprehension or holding of a criminal suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity, the investigation of a crime or possible crime, the execution of a warrant, or the defense of a peace officer or another person.
Proving a dog bite claim will involve a victim having to prove a defendant owned the dog, the dog bit the victim in a public place, or while the victim was lawfully on private property, the dog bite hurt the victim, and the dog bite was a substantial factor in their injuries. Because dog bite claims are strict liability actions, there is no need to prove a defendant was negligent in any way.
Public places are basically all areas that are open to the general public, such as parks, sidewalks, and stores during their traditional business hours. Dog bite claims involving private property will require victims to prove they were there by expressed or implied invitation or that they were performing legal duties.
It is critical to note that the actual bite does not necessarily have to be the cause of a victim’s injuries. For example, a dog could bite a person without piercing their skin but causing them to fall from heights and suffer injuries because of the fall.
When you suffer injuries because of a dog attack that does not involve a bite, you may have a negligence claim if the owner failed to control their animal. Some claims may be that dog owners should have had leashes or kept their dogs in fenced-in areas in these cases.
Like any other personal injury claim in California, a dog bite action has to be filed within two years of the date a dog mauling happens. You do not have time to waste – once you get medical attention, seek help with your case immediately.
Dog Owners Will Defend Against Dog Mauling Claims
One common defense against dog bite claims is that victims did something to cause dogs to bite them. In such cases, a victim’s award can be reduced by their share of negligence in causing the dog bite. You need a lawyer to fight against claims of comparative negligence in dog mauling cases.
When it comes to dog bites involving children, then acts that trigger dog bites may not be held against the victims because small children are generally incapable of understanding what the proper conduct is around animals. Children generally cannot be deemed to be negligent when they are less than 5 years of age.
Another common defense against dog bite claims can be the assumption of risk claim, also known as the veterinarian’s rule. Some people may have certain occupations that involve foreseeable, known, and accepted risks of being bitten by dogs.
In such cases, dog owners are not strictly liable for dog bites, and there will be a requirement that they prove a dog owner was negligent in some way. Veterinarians and kennel workers are the two most common kinds of occupations this rule applies to.
A dog owner may also claim that a dog bite victim was a trespasser at the time of a dog bite, which would also prohibit any damages being awarded. Trespassers can still recover compensation in certain cases in which they can prove dog owners were negligent or knew their dogs were dangerous.
Some dog owners may simply claim that they were not the owners of the dogs that bit people on their property, possibly claiming that it was a stray dog on their property. The person who has control of a dog will generally be considered the dog owner, and such information may be identified through animal control records or veterinarian records.
Call Us Today to Schedule a Free Consultation with a San Francisco Dog Bite Lawyer
If you were injured by a dog bite in California, do not wait to seek legal representation. You will want to reach out to the Cartwright Law Firm for assistance filing a dog bite claim and getting the help you need to prevail in a court of law.
Our firm has experience with a wide variety of dog bite cases, so we know how to help victims overcome many of the obstacles that tend to arise in these cases. You can call (415) 851-6486 or contact us online to arrange a free consultation that will let us go over all of the details of your case and begin taking steps to help you get justice.
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