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What Are Dog Bite Liability Laws in California?
While most dogs are friendly and treasured household members, they can be hostile when provoked or when protecting themselves or others from harm. A report from the Centers for Disease Control and Prevention shows that more than 4.5 million people suffer from dog bites yearly, and approximately 800,00 injuries require medical attention.
Most of these bites happen on the dog owner’s property, and the law has provisions to protect victims and help them collect compensation for the damages. If you’ve been a victim of dog bites due to someone’s negligence, consult skilled personal injury lawyers in Encino. They can provide legal guidance and help you hold the dog owner liable.
Strict Dog Bite Liability
Dog bites can cause musculoskeletal damage, disfigurement, and life-threatening infections. Additionally, they can cause lasting psychological trauma, especially for young victims. Dog bite attorneys in Encino say a dog’s teeth don’t have to break the victim’s skin to be considered a dog bite injury.
For example, if a dog attacks someone and grabs them by their pants, causing them to fall and hurt themselves, it could still be considered a dog bite. California law holds dog owners strictly liable for injuries caused by a dog, meaning the owner owes the victim compensation even if the dog showed no signs of aggression.
Additionally, a dog owner can be held liable for the injuries, whether the attack happened on public or private property, where the injured victim had a right to be. If you suffered dog bite injuries, you can sue the owner under California’s strict liability laws, whether or not you can prove the owner knew the dog might be dangerous or that they took precautions to stop the dog.
Exceptions to the Strict Dog Liability Rule
However, Encino dog bite lawyers say there are limitations to the strict liability rule in California. A dog owner will only be responsible for your injuries if the injury happened in a public place or on private property you had a legal right to be on. For example, a plumber who was attacked while doing repairs he was hired to do in the home would be eligible for compensation.
On the contrary, a person trespassing or committing a crime on the property during an attack may not be eligible to receive compensation. Encino dog bite lawyers say California’s laws don’t protect trespassers.
The following exceptions also apply, and you can’t recover compensation if:
- A military or law enforcement dog injured you
- You provoked, harassed, or annoyed the dog and instigated the attack
- There is an assumption of risk in that you were injured while performing veterinarian, kennel staff, or similar duties.
What Does the Law Say About Unregistered Pets That Cause Injuries?
California law requires every dog over four months to be properly licensed and vaccinated against rabies through a local animal control or care center. All municipalities in California also require dogs to wear a visible, securely fastened licensing tag on the collar or harness. It should be worn at all times.
Under the strict liability law, a dog owner can be held liable for dog bite injuries regardless of whether or not the pet is properly licensed with the state or local jurisdiction. You should be able to recover compensation for your damages as long as you can identify the dog owner.
Encino dog bite lawyers say a dog owner who fails to provide their name, telephone number, the dog’s license tag number, and the vaccination history within 48 hours of the incident risks being fined. A dog owner also risks being charged with a felony if the dog kills its victim because they didn’t take precautions to keep it under control.
What Elements Do I Need to Prove to Hold a Dog Owner Liable?
When filing a compensation claim in a dog bite case, there are factors you need to consider to obtain a favorable outcome from the jury. You must be able to prove the following crucial factors to hold the dog owner liable:
- You were lawfully in a public place or on private property when the dog attacked you
- You sustained injuries or suffered harm due to the dog bite
- The defendant’s dog was significantly involved in causing that harm
- The defendant is the owner of the dog that harmed you.
You are more likely to recover compensation if you work closely with skilled Encino personal injury attorneys. They understand how these elements of liability play out and can fight aggressively to protect your rights. They can also help you obtain a copy of the defendant’s policy to evaluate insurance coverage.
How Much Time Do I Have to File a Dog Bite Claim?
The statute of limitations for dog bite cases in California is two years from when you sustained the injury. If the damage was not discovered immediately, you have one year from the date the injury was diagnosed. Failure to pursue a claim within the prescribed period dramatically reduces your chances of recovering compensation.
A Skilled Personal Injury Lawyer Providing Legal Counsel on Dog Bite Liability
California has strict dog bite liability laws requiring owners to register their pets. However, you can still file a compensation lawsuit against a dog owner even if their pet caused you harm. Skilled dog bite lawyers in California can help you navigate the legal requirements of personal injury claims to increase the likelihood of a favorable outcome.
The V&A Law Firm hosts experienced dog bite lawyers who can assess your case and investigate the circumstances to develop a strong claim. You don’t have to face the challenging situation on your own. Call us at 818-369-3270 for a FREE 15-minute consultation.
