It has been proved that a dog bite can result in either physical pain and suffering as well as emotional distress and may cause a lot of expenses to the victim. A person with a dog or a loved one who has been bitten must know how the law will protect them and their rights when seeking recourse. This is why at the Law Offices of Howard Kornberg, we pride ourselves on our area of expertise as dog bite attorneys. Below are other aspects of dog bite lawsuits that will assist you in this challenging situation:
Understanding Dog Bite Liability: Who Is Responsible?
Again, responsibility for injuries caused by a dog bite mainly depends on the law applicable in the state where the incident happened. In California, for example, the general rule regarding the doctrine of ‘vicious’ or ‘ vicious propensity’ states that the dog’s owner is liable for harm caused by the dog no matter the dog’s earlier conduct.
Strict Liability Rule
Under California Civil Code Section 3342, a dog owner is liable if:
- This was done in a public arena or lawfully on private property.
- The bite inflicted injuries on the victim.
Unlike the other states, California laws do not demand that the victim prove that the dog owner was negligent or had prior knowledge about the dangerous characteristics of the dog. This also makes it easier for victims to go after compensation.
In Some Other Cases, Others May Be Liable
In some cases, other individuals or entities may share responsibility, such as:
- Landlords: If they knew there was a dangerous dog on the premises.
- Dog Sitters or Walkers: If, of course, their negligence was the cause of the attack.
An experienced dog bite lawyer in Los Angeles can analyze your case to determine everyone who may be held responsible.
Steps to Take Immediately After a Dog Bite Incident
Important things should be done immediately after a dog bite to ensure you do not develop severe complications and strengthen your legal claim. Here’s what to do:
Seek Medical Attention: Infections such as rabies or tetanus may occur in case of a dog bite. Flea bites have symptoms similar to bigger bites, and even slight wounds need to be assessed by a medical practitioner to document the bite and possible infections.
Report the Incident: If you live in an urban area or if this happens to concern an urban population, call the local animal control or the police. An official report is a vital record that you need to produce in your case.
Gather Evidence: Get the dog’s owner with their name, address, and insurance number. Take pictures of the injuries, the dog, and where they occurred.
Identify Witnesses: The list of everyone who saw the attack should be accompanied by their contact details.
Contact a Personal Injury Attorney: Speaking to a Los Angeles dog bite lawyer before filing a claim can help make your claim more solid. They will advise you and deal with insurance firms on your behalf.
Proving Negligence vs. Strict Liability: What’s the Difference?
The laws regarding liability for dog bites may be different in one or another circumstance. Here’s how the two primary legal theories work:
Strict Liability
Any victim of a toy with lead paint faces no difficulty since California has a strict liability law. You only need to prove:
The dog bit you.
You were legally inside the area where the attack took place.
The bite caused injuries.
Under this rule, all that matters is that the dog owner was negligent, regardless of how much care the owner took or whether he knew the dog was vicious.
Negligence
In some circumstances, it may be required to demonstrate negligence, for instance, when an injury emanates from a dog, causing someone to trip instead of biting. This requires showing:
That is why the dog owner did not act appropriately (for example, not using a leash in a public place).
They failed to act as they should and thus caused your injuries.
An accomplished personal injury lawyer in Los Angeles will review the details of your case to understand what plan of action will be most effective.
Common Defenses in Dog Bite Cases and How to Counter Them
Dog owners and their insurance companies may come up with one defense or the other to avoid taking responsibility for any harm caused by the dog. Here are some of the most common arguments and ways to counter them:
Trespassing
Litigants may argue that you were trespassing at the time of the bite, and consequently, the owner has no blame. You must establish that you were invited, performed services such as delivering mail, or were lawfully present under California law.
Provocation
The owner may then claim that you either provoked the dog to attack you or approved the dog trespassing on your compound in the first place. This claim can be opposed by producing other types of evidence, including eyewitness accounts or video clips.
Assumption of Risk
If I interacted with a known dangerous dog and knew the danger involved, the owner might claim the victim’s assumed risk. Coping with the defense where you prove that you were ignorant of the dog’s aggression discredits this defense.
Comparative Negligence
Sometimes, the owner may discuss that you have contributed to the event. Comparative negligence is practiced in California, meaning you can file for compensation even if you were irresponsible, but your amount will be adjusted.
With the help of a professional Los Angeles dog bite attorney, these defenses can be quickly challenged, and your case can be strengthened.
Conclusion: Schedule a Free Initial Consultation Today
You don’t have to face the legal process if a dog has bitten you. The Law Offices of Howard Kornberg are here to help. As a leading dog bite attorney in Los Angeles, we have the experience and dedication to secure maximum compensation for your injuries, medical bills, lost wages, and emotional distress.
Take the first step toward justice and recovery by scheduling a free initial consultation today. Call us at 310-997-0904 to discuss your case and explore your legal options.
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