Dog owners maintain responsibility for their pets. If a dog bites your dog, whether on a walk or in a park, you may be unsure of the steps to take to seek fair treatment and compensation. California’s dog bite laws can be a bit confusing, and only in some situations can you seek a claim against the owner. Speak with a San Diego dog bite lawyer about your case today.
The Dog Bite Statute Does Not Apply
One of the most confusing parts of the law relates to California Civil Code Section 3342, the dog bite law. This law makes California a strict liability state, meaning the owner is responsible for the dog’s bites even with no previous evidence of the dog’s aggressive behavior. However, this statute applies to a dog that bites a person, not to a dog that bites another dog.
Dog owners are still responsible for their pet’s actions. That includes instances in which the dog bites another dog. Under the state’s laws, dogs are a person’s property. As a result, the rules related to negligence and liability apply. That means proving negligence is necessary.
To prove negligence, you must demonstrate, as the victim, that the owner knew or should have known about the risk and failed to take action to keep you safe. That means that if the dog has never bitten anyone before this incident, the owner may not be aware of the risk to others. The strict one-bite law does not apply in this situation. It is critical, instead, to show that the owner’s negligence caused the bite and led to the accident.
It is common for questions to arise regarding liability. Before you settle any claim, speak to an attorney about your accident.
How to Prove the Owner Is at Fault
In situations like this, your attorney will work to understand every detail in the accident in an effort to build a clear indication that the owner is responsible. Here is one way they may do so, though this is just a single example. Other strategies may apply to your case.
A dog owner takes their pet for a walk, but decides the dog does not need to be on a leash at that time. California law requires dog owners to keep their dogs on leashes in public spaces, and the leashes must not exceed six feet in length. This applies to any situation where the dog is off the owner’s property.
If a dog bites another dog and the owner violates the dog-bite laws, the owner is negligent. This means you may bring a claim against the owner for the injuries and losses caused by the bite. That means the owner must pay the veterinary bills and other losses the victim dog incurred. Keep in mind that if this occurred in an off-leash park with clearly marked signs indicating it was an off-leash park, fault is no longer applicable if the dog had never bitten anyone.
Navigating Your Rights in Dog Bite Cases
If your pet suffered an injury due to the negligence of another dog’s owner, you certainly have the right to pursue legal action. Doing so may be challenging in some cases. For that reason, hire a dog bite attorney in California ready to defend you and fight for fair compensation. A thorough investigation will clarify these laws and how you may seek compensation.