Owner Liability For Dog Bite Injuries In California
California is a strict liability state. The State’s possession of that status should serve as a clear warning to every dog owner in the State. According to that warning, all canine owners must operate with an awareness of certain restrictions.
What are the restrictions that those who own pet dogs in California should know?
The owner of a canine that has bit someone can be held responsible for the infliction of that injury, even if that pet had never acted in such a way before. In other words, owners of dogs do not get freed from liability charges just because they had no idea that their 4-legged friend might carry out such a vicious act. That lack of knowledge does not free the dog’s owner from liability charges.
What conditions must be met, if someone that has received a dog bite wants to sue the dog’s owner?
Infliction of that dog bite must have burdened the victim (the target of the canine’s teeth) with damages. Evidence of damages could be a doctor’s report or medical bills. A pay stub from a pay-check could serve as evidence of financial damages. Advice for a victim that was self-employed can be found lower down in this article. The person that was bitten must have been on public property, or must have entered the private area in a lawful manner. A trespasser that was bitten after entering private property cannot sue the owner of the biting animal.
The injury claimed by the victim must have been caused by the dog’s teeth. Someone that has been mowed down by a canine, and injured during that fall can file a personal injury case, but cannot claim to be the victim of a canine’s bite. The victim must file the personal injury claim within 2 years of the biting incident.
Rules about permissible defenses
Owners that hope to escape liability by claiming that the victim provoked the biting pet should know that they may not be able to use that defense. The legal system in California does not recognized such a defense, unless the biting dog was carrying out police or military duties.
Advice for a self-employed person that was bit by someone’s pet canine.
The injury lawyer in Pittsburg representing the canine’s owner could question the figure that you give, regarding the money lost when you could not work. You should speak with your accountant, and get date that shows how much money you had been taking-in during the days that preceded the biting incident. The presentation of such figures normally supports the veracity of your own statements, regarding money lost due to your need to recover from the injury that was inflicted by the owner’s pet.