Is An Owner Always Responsible for a Dog Bite in California?
The consequences of a dog bite in Southern California go beyond the pain of torn skin and jagged stitches. Victims of dog bites are often left with serious mental trauma as a result of their encounter, leaving them fearful every time they encounter a dog in public—even worse, when they encounter the same breed of dog that bit them. Dogs also have a whole host of foreign bacteria in their mouths, ramping up the risk of infection among victims. When you’re injured by a rogue dog in California, you need to talk to a premises liability attorney. That’s where the team at DeWitt Algorri & Algorri steps in. We know how to fight for our clients and give them a fair shot at full compensation. Take action now and call us at 855-WINNING (946-6464) to set up a consultation.
One concept always comes up when we talk about dog bites—the widespread notion of a “one bite” law. People believe that a dog gets one “free” bite where it is not euthanized and the owner is not liable for damages. This is widely misunderstood. First, not every state has a one bite law. Second, even in one bite states, owners can still be liable for the first bite if they had reason to believe their dog was aggressive, unpredictable, or violent. That’s why it’s important to talk to an attorney, even if you think you don’t have a case.
California is a Strict Liability State—What Does That Mean?
In the world of premises liability, states are generally broken up into two groups. The first is one bite states, which we discussed earlier. The second is strict liability states. Under California’s civil code, a dog owner is liable for the damages suffered by the victim of a bite. This is true regardless of whether or not the owner knew the dog to be aggressive or violent. Even if the dog had shown no propensity for biting and had been a complete angel before the bite, the owner is liable for the harm caused by their pet when someone is in a public place or lawfully in a private place.
Cases When Owners Are Not Responsible
As is the case in just about every area of law, there are exceptions to California’s law holding owners accountable for every dog bite. First, someone is considered to be lawfully on private property if they are working (such as delivering mail, doing landscaping, or dropping off a package) or are invited by the owner. If someone is trespassing, they are not lawfully on the property and may not be able to seek compensation from the dog owner.
The next section of the law also states that the owner is not liable when a dog is acting on behalf of the police or military and defending itself from an annoying, provoking, or harassing act. The dog is also shielded from liability if the dog is apprehended or holding a suspect, investigating a crime, executing a warrant, or defending a peace officer. However, if the bite victim was not a party to or suspected to be a party to the crime in question, the owner can still be held liable.
Factors Affecting Liability
There are ways dog owners can protect themselves against claims of liability. First, if the person in question was trespassing on their property, it may be the case that the dog was simply defending its home and family from trespassers. Fault may lie with the trespasser in this case.
Additionally, some liability may lie with the victim if they were intentionally aggravating the dog at the time of the bite. This includes kicking, punching, hitting, provoking, harassing, or annoying the dog. In these scenarios, it’s likely that the dog rightfully felt threatened and was simply defending itself from someone capable of doing serious harm to them.
Legal Options for Dog Bite Victims
Dog bite victims in Southern California should immediately seek medical care and talk to a premises liability attorney. Bites can be very expensive to treat, and you may need help recovering medical expenses, lost wages, and other losses.
Bitten by a Dog? Call DeWitt Algorri & Algorri Now to Fight for Justice
When you choose DeWitt Algorri & Algorri, know that you’ve gone with the law firm that will do everything possible to advocate for you. Whether that means settling out of court or fighting for you in a court of law, we’re ready. Call us at 855-WINNING (946-6464) or reach out online to set up a consultation now.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
