In California, dog owners are responsible for their animals. When a dog attack or bite occurs, the risk of serious injuries is quite high. Unlike other states that have a one-bite rule, California has a strict liability law that makes pet owners liable for the injuries their pet causes. You should know several things about how strict liability works in California dog bite cases, and that a San Diego dog bite lawyer can assist with your claim.
What Does Strict Liability Mean in California?
Under Code of Ordinances section 10.31.010, dog owners must maintain control over their dogs at all times. As a strict liability state, the dog bite victim does not have to prove that the dog’s owner was negligent. That means they do not have to prove that the owner should have known that the dog had violent behaviors. Rather, the dog’s owner is responsible for all injuries the animal causes.
This differs from other states that have a “one bite rule.” In those states, a victim must prove that the dog’s owner knew or should have known there was a serious risk of the dog biting someone. For example, if the dog bit someone in the past, that indicates there is a higher risk that the dog will do so in the future. In those states, if the dog has not caused harm to another person before, there is no negligence applied to the dog’s owner for that first bite.
What Strict Liability Means to Victims
The owner is responsible if you are the victim of a dog bite. There is no question about whether the owner knew the risks. There are some exceptions to this rule.
For example, if you were trespassing on the property where the dog lives, and the dog bites you, then you may not have the right to seek fair compensation. This applies if there is a no trespassing sign or you have no legitimate reason for being on the property.
Another exception to this rule occurs in situations where the person bitten provokes the dog in any way prior to the attack. If you teased the dog or threatened the dog’s owner, that animal is going to naturally react. The owner may not be responsible for the injuries you have in those situations.
Roaming Dogs in California
It may seem like a good idea to take a pet for a walk and trust that they will stay by your side. However, California’s leash laws prohibit this. Most counties have these laws, which require owners to keep the dogs on a leash and maintain them when the dog is in a public place. The only exception to this rule is when the dog is in a previously designated “off-leash” area, such as a dog park.
More so, it is illegal for a dog owner to allow their dog to run at large or roam. Even if the dog is on private property, if the animal is not contained by a fence, it can be illegal for the pet owner to allow the dog free range.
In all of these cases, the owner may still be liable for injuries their pet causes unless the dog was provoked or the victim was trespassing. Proving your right to compensation after such an incident requires carefully understanding these laws and working with an attorney.