Dog bite injuries often hold the owner liable for damages suffered by victims. You can be compensated for your medical bills, lost income, emotional distress, and other economic and non-economic losses sustained. For particularly egregious situations, a judge might grant punitive damages to deter liable parties and other people from doing the same thing again.
That said, that's just standard California personal injury law. Other specific policies in California could affect how your claim might be handled in court (or in settlements)
Here's what our experienced California personal injury lawyers have to say about it:
What Does California's Strict Liability For Dog Bites Entail?
California is one of many states with "strict liability". Regarding dog bite laws in California, pet owners are accountable for any harm their animal causes, regardless of the dog's past.
The pet's owner or caregiver may contend that they were unaware of the animal's potential for harm. Still, the strict liability law renders this argument meaningless. Whether or not they took precautions or were aware of the risk, a dog owner is liable for any injuries and property damage resulting from the incident.
Does It Have To Be A "Dog Bite"?
Remember, you don't have to be bitten by the dog to be eligible for a California personal injury claim. For example, if you are legally on someone's property, got chased by their dog, and injured yourself in the process, you might have a personal injury claim in California.
That said, not everyone has the same case. Therefore, you should consult a prescreened California personal injury law attorney to ensure your unique claim is handled in the best way possible.
Can You Sue For Dog Bite Injury Claims In California?
The injured party and their California personal injury attorney may file a lawsuit against the dog owner for damages. This is as long as they were lawfully on private property when the dog bit them.
Another state law in California states that if a person has been bitten by a dog, the owner is responsible for taking "reasonable" precautions to lessen the likelihood of further attacks.
Any person may launch a civil case against the owner if there is a second incident or if a trained attack dog causes serious harm. Remember, the compensation you'll get depends on the negligence's severity, injuries, financial losses, and emotional damages.
What Distinctions Exist Between Strict Liability and the One-Bite Rule?
Dog bite cases are governed by state-specific regulations, and victims of attacks have legal recourse to seek damages. However, some laws only hold the owner accountable if they were aware or reasonably should have been aware that the dog may bite.
The "one-bite rule" effectively gives all dog owners one pass before taking legal action. Typically, strict liability dog bite rules forbid even a single bite. However, if the dog bites frequently, is a dangerous breed, or has other issues, the owner may be held responsible even after the initial attack.
These regulations focus on determining whether the owner knew or should have known about the dog's propensity for aggression and if they took precautions to avoid a situation in which the dog bit. The one-bite rule provides some flexibility that stringent liability regulations render meaningless.
Are There Limitations To The California Strict Liability Laws?
Strict liability requirements only apply if the victim was not trespassing, breaking and entering, and had not provoked the dog. Unless they are innocent victims who weren't at the time suspected of a crime, those hurt by a police or military dog while performing their law enforcement duties or defending someone are not allowed to sue the city for damages.
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