California dog bite laws make it clear that dog owners are responsible for the injuries and losses their pets cause. This means a victim can file a claim for injuries and losses or a lawsuit, as needed, to recover damages. There are a few limitations to this rule you should consider. Talk to a San Diego dog bite lawyer today.
When the Dog Owner Is Liable for a Bite in California
The California Civil Code states that an owner is responsible for the actions of the dog. This includes situations when a bite from the owner’s dog causes an injury to the victim. It applies in both situations where the dog harms another person in public or private settings.
Unlike other states, there is no “one bite rule” in California. In those states, if the owner has no knowledge of the dog’s previous aggressive behavior and the dog bites someone, the dog is given a “free pass” so to speak, and the owner may not be responsible. This does not apply in California.
The victim must not engage the dog in aggressive behavior, such as through taunting or teasing the dog. If the dog bites a person who is trespassing on the property, where there is a clear warning not to do so, the dog’s owner may not be responsible for the injuries caused by the dog. Many factors can play a role in determining fault, and often, it is not as simple as just having a bite. You may benefit from working with an attorney who can prove that the dog’s owner is responsible.
Damages You May Be Able to Recover in a Dog Bit Case in California
The damages you sustained as a result of a dog bite can be extensive, and your attorney will help you document all of those losses. Some examples may include:
- Medical bills suffered for the care you received
- Loss of earning capacity and lost time at work
- Rehabilitation and ongoing medical care needs
- Disfigurement
- Disability
- Mental health complications due to trauma
Pain and suffering claims are possible in a dog bite case in California. As the victim, you must document the losses you have and prove what you are facing going forward, such as an inability to work or loss of quality of life.
In some situations, it may be possible to seek punitive damages. If you can show malice in the accident or severe neglect in some other form, the court may force the owner to pay additional damages as a type of punishment. Though this can be rare, in situations where the dog intentionally bites someone with the owner’s encouragement, this can apply.
Seeking Legal Guidance Is Critical in Complicated Cases Like These
A small bite that does not warrant a trip to the emergency room or doctor’s office may not warrant legal guidance. For most other cases, when you have a physical, emotional, and financial loss, it is critical to seek help from an attorney. Your attorney’s job will be to prove the owner is responsible for the actions of their dog. Call Kashou Law today to schedule a free consultation.