- POSTED: October 10, 2019
- CATEGORY: Dog Bites
- POSTED BY: LanceFriel
Stockton Personal Injury Attorney Helps Victims Of Vicious Dog Bites & Attacks
If you or someone you know has been bitten by a dog, it’s important you contact an experienced personal injury attorney who can help you in your case. California is a strict liability state which means a dog owner is responsible for the injuries their dog causes, even if they didn’t do anything wrong. However, there are some circumstances that puts someone else partially responsible such as:
- Someone besides the owner was taking care of and hand control over the dog
- The dog’s owner is less than 18 years old
- The owner’s landlord knew the dog was dangerous but didn’t do anything about it
- The dog was on someone else’s property, and that person was negligent in not removing the dog
What is Strict Liability
This law says that a dog’s owner may be held liable for another person’s damages in a civil claim if:
- The person’s injury was caused by a dog bite and
- The injured person was in a public place or lawfully in a private place when the bite occurred
- The exception in this statute includes dog bites that occur while a dog is performing police or military work. In these instances, an injured person may not usually sue for damages. Also, keep in mind that this statute specifies injuries caused by a bite, not by another behavior like jumping or scratching.
- Another California statute applies to situations where a dog has bitten someone in the past, and it puts that dog’s owner on notice when it comes to preventing future attacks.
Other instances that protects the dog owners in case of a dog bite are:
- The person who the dog bit was a trespasser
- If the dog bites the vet who is treating him, the owner is not held liable for the dog bite
- If a dog bites someone who proved the dog. In many cases where a dog owner has told people to stay away from the dog, but the person still advances towards the dog and got bitten, the dog owner is not held responsible
Dog bite lawsuits can get particularly tricky and it’s best to contact an attorney who can help you with your case. In some situations, a dog’s owner might face criminal charges if the dog bite was from a “dangerous” or a “vicious” dog.
A dangerous dog is one that:
- Has acted aggressively in a way that forced another person to defend him or herself in at least two separate incidents in the previous 36 months, while away from the dog owner’s property
- Has bitten another person, unprovoked, causing a non-severe injury
- Has killed, bitten, or injured a domestic animal at least twice within the last 36 months, while away from the dog owner’s property
A vicious dog is one that:
- Is owned by a person who has been convicted of an offense related to illegal dog-fighting
- Has aggressively inflicted severe injury or killed a human being
- Has been listed as a “dangerous dog” but whose owner has failed to follow the precautions in the Food and Agriculture Code for keeping dangerous dogs
Speak with a Stockton personal injury attorney today
If you have been a victim of a dog attack, contact a Stockton personal injury attorney at The Friel Law Firm who can evaluate your case and determine the best legal actions to take. Call (209) 464-8000 for a free consultation today.