Typically, a pet owner is liable in California dog bite cases. It is reasonable for a dog owner to take measures to keep their pet from attacking and injuring others. If a pet owner ignores their duty of care, their animal can attack people. Following an animal attack, the pet owner can be held responsible for the costs of treating victims’ injuries and other losses.
Consult with a San Diego dog bite lawyer if you are unsure who is liable after an animal attacks you. From here, your attorney reviews the facts of your case. They can determine if a pet owner is responsible for your losses. If so, your attorney can request compensation on your behalf.
Why a Dog Owner May Be Liable If Their Pet Bites Someone
Dog owner liability is defined under California Civil Code § 3342. A pet owner is legally obligated to prevent their dog from attacking and biting others in public places or on private property. If a pet owner breaches this legal obligation and their pet injures someone, this individual may be held accountable.
In a dog bite injury case, a plaintiff does not need to prove that a pet owner acted negligently. With help from a dog bite attorney, this plaintiff can present witness statements, medical records, and other evidence. If the plaintiff has compelling evidence, a court may be inclined to award economic and non-economic damages.
Exceptions to Strict Liability for Dog Owners
You may be ineligible to seek compensation if you trespass on someone else’s property and a dog bites you. Trespassing is illegal, per California Penal Code 602. Thus, if you trespass on someone’s premises, you may be partly or fully responsible for any harm you suffer on their property.
Unfortunately, people sometimes provoke dogs. If a dog attacks and bites someone who provokes the animal, the pet’s owner may not be held responsible. In this scenario, the pet owner may have to prove to a judge or jury that a person’s actions prompted their animal to attack.
An assumption of risk can play a role in liability in dog bite injury cases. If a dog owner tells someone that their pet is dangerous, this individual understands that there is an inherent risk of going near the animal. Therefore, if the dog bites this individual, the pet’s owner may be able to argue that the person who was attacked was aware of the risk they were taking.
How Pure Comparative Negligence Applies to Dog Bite Cases
Based on California Civil Code 1714, pure comparative negligence can impact the outcome of a dog bite case. Both a pet owner and a dog bite victim can share responsibility for an incident. At this point, the victim may recover partial damages depending on their percentage of fault.
For example, a dog bites a person, and this individual files a lawsuit against the pet owner. A judge or jury finds that the individual who was bitten provoked the dog. As such, the court awards 70% of the damages that the dog bite victim originally sought.
Pure comparative negligence allows a judge or jury to reduce the damages awarded by dog bite injury victims up to 99%. With help from a dog attack lawyer, you may be able to prove that a pet owner should be held responsible for all losses associated with the injuries you have suffered.