In California, if you or your loved one was bitten by a dog, there are so many laws that must be considered while making the dog bite claim. These laws can be broadly classified as statutory laws, common laws and local laws. You must know all the terms specified in these laws before you proceed with the claim. Seeking the help of a dog bite attorney in your locality will be a good choice for you to understand better about the laws on which your claim is based.
The essential parts of these laws are described below:
The dog bite statute of the California state is in Section 3342 of California’s Civil Code. This can also be called as the strict liability law which holds the owner of the dog liable for the dog bite. Whether it happened in a private or public place, the owner of the dog cannot escape the liability by saying that he took all possible care to restrain the dog from biting the victim. He will be completely responsible for the bite.
Even if the dog doesn’t have a history of attacking someone in the past, the dog owner will be held responsible under the statutory law. He will be answerable for any injuries that his dog has caused to the victim. The only defense the dog owner can have is that the victim was provoking the dog or that he was trespassing his property when the dog attacked.
The common law of negligence is the one made by the judges. This law requires the dog owners to take appropriate care to protect people from his dog. If the bite happens due to the failure of the owner in preventing the bite, he will be held liable for the injuries. If the owner had broken any dog regulation rules, he will be held responsible for the bite and injuries. The only defense the owner can have is to claim that he had taken proper care. He should be able to disprove his negligence.
The negligence cases can be very much convoluted than the strict liability cases. The statutory law covers only bites whereas the common law of negligence covers any other type of damage caused by the dog.
In addition to the statutory law and the common law, there can be the laws passed by the Municipalities which should also be considered while making the dog bite claim. Such laws will be of greater support to the victim in suing against the dog owner.
It will be in your best interest to hire a dog bite attorney to help you with your dog attack case.