It is always a dog owner’s responsibility to not only provide a loving family and shelter to their beloved pet. It is also imperative to make sure they are nurtured and behave well in certain conditions where the possibility of dog bites may occur.
There are times when dogs act uncontrollably whenever they are in threatening and stressing situations. While these are just part of their nature, there are times when they get angry and become a threat to other animals and humans around them. When uncontrolled, their behavior could cause harm to a person.
Dog Bites are both a very painful and traumatic experience. Not only that, it leaves the victim with scars that could change their lives forever. The aftermath of a harrowing experience such as a dog attack could have effects just like having permanent scars, broken bones, and even facial disfigurements depending on the severity of the attack.
Dog bites or attacks also carry the possibility of spreading infectious diseases that could be as fatal as a rabies infection. It will likely traumatize the victim due to the attack. All in all, this unfortunate event is definitely something that you wouldn’t wish to happen to anyone.
Luckily, there¬†are laws in the state of California that protects and compensates a victim of a dog bite or dog attack. Section 3342 of the Civil Code states the stipulations of California’s Dog Bite Law.
The law states that the dog’s owner is liable to cover damages to the person who was bitten by the dog whether it’s in a public place, or lawfully in a private place. This includes the property of the owner.
This statute applies regardless of these situations:
Like other laws, certain situations present limitations to it. Here are certain situations wherein the California Dog Bite Law would not apply:
It should also be stressed that when it comes to dog bite cases, California is a “Strict Liability” state. This means that the owner will be liable for the damages caused by the incident even if he or she claims that their dog has never bitten anyone before or argue that he or she had no idea that her pet will behave that way.
Since this the case, the victim will only have to establish and prove that the bite occurred in a public place or unlawfully in a private place. There’s no need to prove that the owner was not able to take reasonable measures to secure and prevent the dog from attacking and biting the victim.
One of the instances wherein a California dog owner can counter a defense against a dog bite claim when the injured was unlawfully trespassing on a private property when he or she is attacked and bitten.
Shamon Law is happy to provide the following legal services to San Diego 92108, and the surrounding San Diego areas: Wrongful Death, Motorcycle Accidents, Dog Bites, Bicycle Accidents, Slip & Fall Accidents, Wills, Trust and Estate Planning, as well as Auto Accidents and other legal fields. Call us today at 619-737-2727 and see if we can help you!