Dog bite injuries can be fatal at times and the victims have the right to sue the owner but not in all cases. It all depends on the dog bite laws of the state that you are in. In this article, we look into some aspects of the dog bite laws in California.
When Are Dog Owners Strictly Held Liable For Dog Bites?
California is a state where the pet owners are held responsible in the case of the majority of the dog-bite injuries. When the victims sue the owner in court to get the compensation for the damages caused by the dog bite, it doesn’t matter whether the owners knew the vicious nature of their dogs. The owners are never given the right to argue that they were unaware of their dog’s dangerous nature or they have taken preventive steps to stop their animal from injuring anyone. The owner is held accountable in the following cases:
- If the victim was bitten.
- If the victim has endured the injury while he was in a lawfully private place.
An individual carrying out legal duties, a postman, for instance, is considered as being lawfully on private property. The dog bite victims cannot sue under this statute if they were bitten by military or police dogs that were on law enforcement duty or were defending themselves from provocative or annoying behavior. Cases, where a dog grabs someone by its teeth but does not break their skin, could also be counted as a bite.
California Laws Based On The History Of The Dogs
The animal’s history doesn’t make any difference in California’s strict liability statute but there is another law that requires the owners to take reasonable steps to avoid the danger of future attacks if their dogs have bitten someone in the past.
A victim can move forward with the legal proceedings against the dog-owner if that dog has bitten any human twice. He can do the same in case of being attacked by a trained attack dog which managed to inflict fatal injuries in a single bite. In either of the two cases, the usual court proceedings stand the same, that is, the owner is asked to remove the dog from the area or destroying it to prevent future attacks.
If you ever get bitten by a dog and want to sue the owner and seek the compensation you deserve, get in touch with an expert dog bite lawyer who can represent your best interests in the court.