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What Happens If You Are Bitten By A Dog At Someone’s House?
Dog bites in California often occur and led to liability claims in 2018 alone. Moreover, the state has strict liability laws concerning dog bites, including a policy that holds dog owners responsible for protecting the public from attacks involving bites.
That means that in many cases, pet owners will be held liable if their dog bites someone. There are defenses to dog bites, however, and every dog bite case will be different.
If you have been bitten by a dog while visiting someone’s home, you may be able to seek compensation for your injuries, regardless of the severity of the bite. At Arash Law, we have been representing dog bite victims for years and work to help our clients pursue compensation for their injuries. Call us at (888) 488-1391 for a free initial consultation.
When Will Homeowners Be Held Liable For A Dog Bite?
California Civil Code 3342 maintains strict liability for pet owners when a dog bites a member of the public. Victims of dog bites may pursue a claim for liability under certain circumstances:
- The dog bite must have occurred, but the skin does not need to be broken.
- The bite must have happened in a public place or while the victim was lawfully in a private place.
Anybody who is bitten by your dog while legally in a private home or on private property may file a dog bite claim. However, the court ultimately determines liability, and trespassers typically cannot pursue compensation under CA’s strict liability dog bite statute.
Dog Owners Have A Duty Of Care
When you have a home, whether you are renting or owning, you have a duty to maintain a “standard of care” when others are on your property. It’s the same standard of care that applies to you when you visit someone else for any purpose. People on private property have a reasonable expectation that they will not be injured during their stay.
If someone is injured on your premises, it will give rise to a premises liability claim, and you could be held liable. It is your duty to keep dangerous animals away from people in your home. However, if a guest brings their own dog to your home, liability typically falls on the dog’s owner. In such cases, the injured party may be able to pursue a claim against the owner of the visiting dog.
This law only applies to individuals who are present legally and with a valid reason. If a dog is there to assist in a government job, such as with the military or police, the dog owner cannot be sued if the bite occurred during the course of the dog’s work.
If the dog is provoked by the victim of the dog bite, strict liability may not apply, and the owner may not be held responsible for the bite. When the dog is acting in defense, the dog owner may not be held liable. If the dog has a history of biting, the dog owner may face increased legal concerns and potential liability.
Additional history of biting could mean problems for the owner beyond liability for damages. A dog owner is required to take reasonable care to help prevent future bites if their dog has previously bitten someone or has been declared dangerous. If there is a failure of prevention and a bite occurs, local authorities may require the removal of the dog from the home or impose other restrictions.
A premises liability lawyer, who also handles dog bite cases, can help evaluate if a property owner failed to maintain a reasonably safe environment, such as by failing to properly secure a dog. They can also assist in documenting your injuries and related losses.
Potential Defenses In Dog-Bite Cases
There are often defenses available in dog bite cases. Trespassing and comparative negligence are common defenses in dog bite cases. California Penal Code Section 602 says that anyone guilty of trespassing is guilty of a misdemeanor. Trespassing is a common defense against dog bites, as many people trespass, provoke a dog, and then sue for dog bite damages.
As mentioned above, people usually cannot file a claim if they are bitten by a dog while trespassing on private property. California’s comparative negligence law is also often used in dog bite cases. Comparative negligence may apply in dog bite cases that result in personal injury and compensable damages. Under California’s comparative negligence rule, when a personal injury was caused partially by two parties in the same dispute, the liabilities are shared.
In the event that a dog bite victim is partially at fault for their bite, their compensation would typically be reduced by their percentage of fault. For example, if you were 25 percent at fault for a dog bite and your damages totaled $10,000, you would only receive $7,500.
An experienced dog bite lawyer can review the circumstances of your case and give advice on strategies to help protect your rights throughout the legal process.
Should You Accept A Dog Bite Settlement?
The majority of dog bite cases are resolved when victims reach a settlement agreement with the dog’s owner or their homeowners’ insurance provider. Whether you accept a settlement offer depends on whether it adequately compensates you for all of your losses. A dog bite lawyer at Arash Law can evaluate your case and assess the potential value of your claim.
In addition, when you retain us to represent you, we will handle all settlement negotiations on your behalf. If negotiation talks don’t reach an agreement, we can file a lawsuit to seek compensation based on your injuries and losses.
Consult With Our California Dog Bite Attorneys
If you have been bitten by a dog, California law can provide you with legal options to seek compensation. We can represent dog bite victims in San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, Sherman Oaks, and throughout California. Aside from dog bite attorneys, we also have a team of experienced truck, bicycle, pedestrian, and car accident lawyers who handle traffic-related accidents, assisting clients in pursuing compensation after a crash. To schedule your free case review, contact Arash Law at (888) 488-1391 or complete our “Do I Have A Case?” form here.
