Dog bites are a common occurrence in Los Angeles and all across California. In Los Angeles County alone, about 20,000 adults and children are bitten by dogs every year. However, not all dog bites and animal attacks are reported, which is why it is fair to say that more people are attacked by animals.
While dogs are often called “man’s best friend” because of their loyalty to the owner, it does not change the fact that dog bites can happen to anyone. In California, dog owners are legally responsible for controlling their pets and preventing bites.
If you or your loved one is attacked by a dog or another animal, an experienced attorney can help you hold the animal’s owner liable for your resulting injuries and damages. Contact our Los Angeles dog bite and animal attack lawyers at Titan Law Firm to determine whether or not you can seek compensation for your losses and damages.
California’s Strict Liability in Dog Bite Cases
California is one of the states that impose strict liability on dog owners. It means that a dog owner can be held responsible for any injuries caused by their animals to other people. In fact, it does not even matter whether or not the dog showed aggressive behavior or has bitten anyone else in the past.
While the dog’s viciousness does not impact the strict liability rule, there are circumstances under which the owner may not be held liable for the dog bite. We will talk about exceptions to California’s strict liability rule below.
California Civil Code § 3342 reads that dog owners are liable for any damages and losses suffered by other individuals bitten by the owner’s dog if the incident occurs in a public place or the owner’s private property (unless the victim was trespassing), regardless of the dog’s previous aggressive behavior or viciousness.
The strict liability rule sets California apart from other states that use the one-bite rule. Under the one-bite rule, dog owners are not held liable for injuries caused by their dogs if their animals did not show any aggressive behavior in the past.
Unlike other states, California allows victims of dog bites and animal attacks to seek compensation for their injuries regardless of the dog’s previous bites, viciousness, or aggressive behavior.
Negligence-Based Dog Bites and Animal Attacks
Not all dog bite cases are based on the owner’s strict liability. In many cases, a victim of a dog bite or animal attack can pursue compensation based on negligence. In order to obtain compensation from the negligent party who is not the owner of the dog or animal, you will need to prove the following elements:
- The negligent party owed you a duty of care
- The duty was breached due to their negligent conduct or omission (the defendant failed to exercise reasonable care)
- The party’s negligence led to your injury and damages (economic and non-economic)
Proving someone’s negligence after a dog bite or animal attack may be complicated. For this reason, it is advisable to contact a skilled attorney to establish the above-mentioned elements of negligence and help you seek the compensation you deserve.
Exceptions to California’s Strict Liability Rule
In many cases, dog owners will raise a number of defenses to argue that the bitten victim was to blame for the incident. Common exceptions to the strict liability rule in California dog bites include:
- The injured victim provoked the dog
- The victim was unlawfully on the owner’s private property when the incident occurred
- The dog was protecting its owner, the owner’s relative or friend, or a third party according to the state’s self-defense laws
- The dog attacked a suspect while carrying out its police or military duty
A common defense is that the dog was provoked by the victim. If the dog owner assets the “provocation” or any other defense in an attempt to avoid liability, do not hesitate to contact a knowledgeable dog bite attorney to protect your rights and seek the compensation to which you are entitled.
What Damages Can You Recover After a Dog Bite in California
If you have been bitten by an owner’s dog or attacked by someone’s animal, you can seek compensation for your economic and non-economic damages. Typically, a victim of a dog bite is entitled to compensation through the dog owner’s homeowner’s insurance policy. However, your lawyer may advise you to file a lawsuit against the dog owner to maximize your compensation.
Damages that are available to victims of dog bites and animal attacks in California include but are not limited to:
- Medical expenses. Depending on the severity of your injury after a dog bite or animal attack, you might have incurred medical expenses such as the cost of emergency care, hospital bills, the cost of medication, medical treatment, surgery, and others.
- Permanent scarring and disfigurement. It is not uncommon for victims of dog bites, particularly children, to be left with permanent scarring and disfigurement after the incident.
- Pain and suffering. Being attacked by any animal is always a stressful and painful experience. A victim may experience anxiety, emotional distress, post-traumatic stress disorder, and other negative impacts as a result of the attack.
- Lost wages and diminished earning capacity. If you lost income while recovering from your dog bite injuries or your injury has diminished your earning capacity, you could seek compensation for these losses as well.
Your Los Angeles dog bite and animal attack lawyer can help you evaluate your particular situation and determine what damages are recoverable in your case. Being represented by a skilled attorney gives you a better chance of securing maximum compensation for your losses and damages.
Contact a Beverly Hills Dog Bite and Animal Attack Lawyer
At Titan Law Firm, our knowledgeable and dedicated lawyers offer legal representation to clients who have been injured in dog bites and animal attacks in Los Angeles and throughout California. We handle injury claims involving dogs and other pets, domesticated animals, and wild animals.
Discuss your unique case with our lawyers at Titan Law Firm to explore your legal options. Call 888.848.2656. to receive a case evaluation.
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