Victims of dog bites face serious risk of injury, emotional trauma, and piles of medical bills as they try to recover. In many of these accidents, the bite happens at your home or close by, making it possible that your landlord is responsible for your injuries.
This can be a confusing area of the law, but understanding your rights and what steps to take will protect you from not receiving the fair compensation owed to you. Speak with a San Diego dog bite lawyer from Kashou Law, APC today.
When Can a California Landlord Be Liable for a Tenant’s Dog Bite?
It is critical to understand the state laws regarding dog bites and animal attacks. Under Section 3342 of the California Legal Code, a dog owner maintains liability for any damage or injuries their dog causes to another person. However, this includes any losses you can document. In most cases of dog bites, the dog’s owner maintains liability for their pet’s actions.
California Law on Landlord Responsibility for Dangerous Dogs
If the landlord of your property is the dog owner, and that dog causes injuries and losses to you, you can seek a claim against the dog’s owner for your losses. For example, if the landlord visited your property with their dog that was not leashed or under their control, and the dog bites you without provocation, the landlord could be held accountable for your injuries. If the landlord lives on the property with you, and their dog causes injuries to you, they must pay for your losses.
In addition to this, there is the potential to seek legal action against the landlord if you can show they failed to create a safe environment for you. If you can show that the owner knew of the risk of the dog, or should have known, and failed to make sure you were safe, they could be responsible for your injuries even if they did not own the dog. This is a more complicated area of the law, but it is still one of the legal strategies you can use to seek compensation for your losses.
To hold the landlord accountable for a dog bite from a dog on the property that is not theirs, you must show that one or more of the following occurred.
- They knew of the dog and its history. If the landlord knew that the dog was at the property, for example, if the dog is the tenant’s pet, and they knew that the dog had caused injuries to others in the past, you could hold the landlord responsible for allowing the dog to remain at the location. You must demonstrate that the owner knew or should have known about the dog’s aggressive previous behavior. You must also show that the landlord failed to take possible action after they learned of this risk.
- Negligent tenant selection could also apply. In this situation, the landlord rented the property to the dog owner but failed to complete a reasonable and expected background check on the tenant. This allowed the dangerous dog to live on the property, putting you at unnecessary risk.
- Common areas are a key concern. A landlord may be held responsible for a dog bite that occurs in a common area of the property, such as a multi-unit apartment complex. There are very limited opportunities here to hold the landlord accountable, though. To do so, you must show the landlord failed to make the common area safe.
In these situations, the right to seek action against the landlord depends on additional factors. For example, you must show that you did not engage the dog in any behavior that would threaten them. You must also show you have the right to be at the property at the time of the accident. Also, consult your lease. Many leases will prohibit these types of dogs on the property. If the owner failed to enforce this rule, though, they could be held accountable for your injuries.
These are very complicated cases, and as such, it is important for you to consult a premises liability attorney in California before you settle your case. Your attorney will gather information about what occurred and who is at fault.
What Should I Do After Suffering a Dog Bite Accident in California?
After a dog bite, get medical care right away. Do not hesitate to go to the hospital for immediate treatment. If it is possible, take photos of what occurred, the location, and your injuries. You also need to get the name of the dog’s owner to seek compensation. Then, contact our legal team.
If you believe your landlord is at fault for the injuries and losses you have, we encourage you to reach out to an attorney as the first step in pursuing action. After getting medical care, a free consultation can help you determine what legal steps to take next, including:
- Documenting all of your injuries and losses
- Developing evidence that demonstrates why the landlord specifically is at fault
- Negotiating with insurance companies
- Building a case to go to court when necessary
You can hold your landlord accountable only if you can show they were responsible for the injuries you sustained. Working with an attorney may help to make this possible.
What Types of Recoverable Damages Can I Receive?
As noted, the dog’s owner is most often responsible for the dog’s actions, including any damage it causes to victims. However, landlords may be partially to blame in various situations. If you can demonstrate they are to blame, you may be able to seek damages for any losses you have. This includes losses such as:
- Medical bills from the emergency care and ongoing rehabilitation you need
- Loss of wages and earning capacity for work-related losses
- Pain and suffering claims
- Emotional trauma and mental anguish
Keep in mind that many dog bites cause serious injuries, including nerve damage, infections, and head trauma from falls. You have the right to seek compensation for all related costs you have right now, as well as any future medical losses you have.
How Long Do I Have to File a Dog Bite Accident Claim in California?
The California statute of limitations for dog bites is two years. That means you can seek legal action in a court of law up to two years from the date of the accident.
Call Our Experienced San Diego Dog Bite Attorneys Today
Understanding landlord liability for a dog bite in California can be rather confusing. Set up a free consultation with Kashou Law, APC to discuss your case. We provide comprehensive legal support for California personal injury victims. Let our dog bite attorney offer a free consultation.