What Are California’s Dog Bite Liability Laws?
Suffering a dog bite or attack can be devastating, leaving you with physical, emotional and psychological injuries. Being aware of your legal rights and alternatives after a dog bite is crucial. The state’s laws protect the citizenry against such unfortunate incidents, making it possible to recover compensation from the dog owner for the damages.
California personal injury lawyers explain that the law holds dog owners liable for any bites in public places or private spaces where the victim has a legal right to be through invitation or permission, including the owner’s residence. The law doesn’t consider the dog’s previous behavior, even if it was never aggressive.
California enforces a strict liability rule that implies all dog owners are responsible for all bites regardless of the dog’s past behavior. The owner’s suspicion of the dog’s propensity to bite also doesn’t count, meaning there is no “one free bite” provision in the state.
What Are California’s Leash Laws?
The statewide law in California has no provision for keeping dogs on leashes. However, some jurisdictions enforce local rules requiring dogs to be leashed in public places and shared private properties. Dog owners can allow their dogs to be off-leash only on private property. However, they can be held liable if the dog escapes and attacks or injures someone.
Dog owners must control their dogs and should take reasonable measures to protect people from attacks, bites or injuries. If you sustained dog bites from an unleashed dog, consult skilled California dog bite attorneys. They can investigate your case and provide legal counsel on the steps you can take to protect your rights.
Are There Exceptions to the Strict Liability Dog Bite Law?
While dog owners can be held responsible for bites their dogs cause in private or public places, there are some exceptions to the rule. Dog bite lawyers in California explain that you may not be able to recover compensation under the following circumstances:
- You provoked the dog by annoying, kicking, punching, striking, or harassing it
- You were illegally on the dog owner’s property when the dog attacked you
- The dog that attacked you was working for the police or military
- You are suing a person other than the dog owner for the damages
- The accident doesn’t involve an actual bite. Strict liability only applies where a bite is concerned, and a wound that didn’t break the skin wouldn’t count as a bite. A dog owner can’t be held liable for other injuries, such as when a dog knocks you down, but other personal injury laws can apply
- You assumed the risk by knowingly putting yourself in a situation where a dog bite could occur. Assumption of risk applies to dog trainers, veterinarians, or dog groomers and can limit the owner’s liability.
What Should I Do After a Dog Bite in California?
The success of obtaining compensation for an animal bite in California depends on your actions after the attack. After you get hurt, dog bite attorneys in California recommend that you do the following depending on whether you’re strong enough:
- Call 911 to get paramedics to offer medical assistance
- Collect evidence at the scene, such as photos of the dog bite, the dog and the owner, if possible. Capture the surrounding environment and any damage to your clothing, too
- Exchange contact information with the dog owner
- Talk to anyone who witnessed the accident and get their contact information
- Preserve your damaged clothing, as it will be used as evidence in your claim
- Schedule an appointment with your physician for proper medical care and assessment of the severity of the injuries
- Contact experienced personal injury attorneys in California for legal counsel
What Type of Compensation Can I Obtain for Dog Bite Injuries?
Once California dog bites lawyers take up your case, they get into the details of the incident and assess the dog’s history to build a strong case to help you obtain compensation. They will negotiate to recover every damage you and your loved ones have suffered, such as the following:
Economic Damages
Economic damages are the financial losses directly associated with the dog bite. Your lawyers will account for the following specific elements to arrive at a fair compensation amount:
- Medical expenses accrued in treating the injury
- Surgery costs
- Physical and psychological therapy costs
- Lost income and reduced future earning capacity due to the dog bite
- Disability benefits
Non-Economic Damages
These damages have no monetary value attached to them and are subjective. Your lawyers will assess them based on how much they impact your life. They include:
- Pain and suffering
- Emotional distress
- Permanent disfigurement and disability
- Reduced quality of life
- Loss of consortium
Arriving at a fair compensation amount can be challenging, but California dog bite attorneys know how to navigate the calculations. The homeowner’s insurance or renter’s liability insurance is responsible for paying for the damages. Your lawyers will help you recover compensation through a settlement with the insurer or a lawsuit in court.
An Experienced Personal Injury Lawyer Providing Insights on Dog Bite Laws in California
Dog bite laws in California are strict, requiring dog owners to take responsibility for the injuries their animals cause to other people. Only under a few circumstances can a dog owner not be held liable for the injuries their dog causes. If you have been a victim of a dog attack, whether it was leashed or not, consult skilled dog bite lawyers in California.
They can evaluate your case and advise you about your legal rights and options. They can also help you pursue compensation for the injuries. The Nadrich Accident Injury Lawyers team has offered legal counsel and support to personal injury clients for many years, and we can help you, too. Call us today to schedule a FREE case evaluation.
