Holding Dog Owners Accountable

 

In California, pet owners have the responsibility to keep their animals from attacking innocent people. If you or a family member were bitten by any type of dog, California's strict liability law gives you the right to seek financial compensation.

 

Strict Liability in Dog Bite Cases

 

Some states require that a dog must have first set upon another person at least once in the past, in order for a victim to be enabled to sue in court. Not so in the California. There is no “one bite” rule here. In the State of California, the legislature has determined that a dog owner is strictly liable when his or her dog bites another person in an animal attack, with the few defenses available listed here. This means there is no requirement that the dog had to be known as “dangerous” by the owner in order for the owner to be made to pay up for the bodily and emotional harm caused by the animal.

 

In order to recover money, you must first prove:

• Victim was not a trespasser – Must have been hurt on publicly open property, or on private property with real or implied permission.

• Who owns or controls the dog.

• Victim suffered an injury, for which monetary compensation may be awarded.

 

Types of Compensation Typically Afforded to a Victim

 

• Lost Wages and Employment – Including time off work, provable loss of contract or job.

• Recovery of Hospital and Therapy Bills –Including future therapy, and past, present, and future medications for mental and physical pain.

• Past, Present and Future Pain and Suffering

• Home Nursing Care

• Loss of Consortium – Including love, affection, and other issues.

• Punitive Damages – In extraordinary circumstances, if it can be proven the dog owner “sicked” his dog on you, that surely would qualify as an intentional act for which compensation should be awarded beyond the standard general damages, in order to punish the perpetrator

• Why the urgency? In essence, being able to establish an injured plaintiff's right to recover compensation depends on being able to provide evidence documenting conditions at the time of the accident or as close to that time as possible. The longer the delay, the more likely that evidence will disappear.

 

Possible Dog Owner Defenses

 

The responsibility of the dogs actions are not always on the dog owner, after the dog bites a person. There are some instances, when the dog bite occurs with cause, though every state has their own specific dog bite laws.

 

• The Victim was aware of the risk or was careless: When the victim knew the dog might bite and chose to ignore the risk, or accepted the risk, the owner might not be held at fault. This will depend on the state laws. The owner that has a “beware of dog” signs posted or makes certain the person was aware of the danger. One instance could be the professional boarding or grooming business, where the risk of being bitten by an animal could be taken as a part of the job. They may not be able to sue.

• Provoking a dog: Provoking a dog, whether intentional or unintentional, the dog can be expected to protect its self from harm. In this case the dog owner may not be at fault, if the dog was being teased, tormented or hit by the victim that suffered the dog bite. The owner may not be found liable. In some cases where the dog bites a victim that unintentionally provoke the dog, such as invading its space, food or even stepping on its paw, it may be found the dog owner is not liable, since the dog felt it was in danger.

• Trespassing: When a person suffers a dog bite, while trespassing or in the act of an illegal activity, the dog owner may not be at fault. This is a grey area in some respects, whether the owner is at fault. Juries have had no sympathy for the person trespassing to commit a burglary and suffered a dog bite attack, but when the person that suffered a dog bite was a child or adult that was entering the property with no harm intended it may have a different outcome.

 

The dog owner can take action to protect themselves and their dog from legal actions. This requires being vigilant in preventing the dog from biting any person. While in some instances it cannot be avoided, there are some precautions that the dog owner can take, especially if the dog may bite.

 

• Use Warning Signs: Dogs are protective of their territory naturally and by putting up warning signs or “beware of dog” signs, it will warn people prior to entering your property they could be at risk, and this can protect the dog owner legally. Most people will not just enter the property that has a warning sign that places them in danger of a dog bite.

• Gate Locks: Locking the gate shows an effort to keep people out of danger and that the dog owner is protecting a person from possibly being bitten. This would also mean that they would have to be let onto the property by the owner or they are purposely trespassing on the property, without permission of the owner.

• Do not let aggressive dogs near children and strangers: When the owner knows the dog may bite, the animal should be removed from the property or contained in a way they cannot be near a stranger or child. This can mean putting the dog in another room or in a kennel, while the child or adult is present on the property.