Legal Insights Into Dog Bites: Sherman Oaks Perspective
Dog bites can leave both physical and emotional scars, leading to serious legal consequences for owners and victims. A Sherman Oaks LA dog bite attorney can help navigate the complex laws surrounding these incidents, ensuring justice and fair compensation.
In California, strict liability laws hold dog owners responsible for bites, regardless of the animal’s history. Victims may face medical bills, lost wages, and emotional trauma. Understanding the legal repercussions and knowing your rights is crucial.
Whether you’re a victim seeking compensation or a dog owner facing a lawsuit, having knowledgeable legal support is essential.
Quick Summary
Below is an overview of the key points of this blog article.
- California imposes strict liability on dog owners for bite injuries inflicted on others, whether in public or lawfully on private property. This rule holds owners accountable regardless of the dog’s history of aggression or the owner’s knowledge thereof.
- According to California law, any injury caused by a dog’s contact with a person, even without breaking the skin, qualifies as a “dog bite.” Owners are strictly liable in situations where the victim is legally present on the property or in a public place.
- California’s strict liability applies only to dog bites. For injuries caused by a dog without biting, victims may still seek compensation by proving the owner’s negligence in controlling the dog.
- Dog owners must provide their contact and dog information to bite victims within 48 hours. Failure to comply can result in fines under California law, ensuring victims can identify the dog and owner for medical and legal purposes.
- Exceptions exist for police and military dogs, but victims may still claim compensation if certain conditions aren’t met. Typically, dog bite victims seek compensation for medical expenses, lost wages, pain and suffering, and disability benefits under California’s strict liability law.
- California’s comparative fault laws may reduce compensation if the victim provoked the dog. However, exceptions exist for children and scenarios where the victim wasn’t engaged in criminal activity, allowing them to pursue full compensation for injuries.
What Are Legal Repercussions of Dog Bites in Sherman Oaks, California?
California follows strict liability rules for dog bites, making dog owners automatically responsible for damages caused by their dogs. According to California Civil Code Section 3342, the owner of any dog is liable for the damages suffered by any person bitten by the dog in a public place or lawfully on private property, including the owner’s property.
This rule applies regardless of whether the dog has been vicious before or whether the owner knew about the dog’s behavior. A person is legally on private property if they are there to perform a duty required by state laws, federal laws, or postal regulations. They are also considered lawful if they are on the property by the owner’s invitation, either express or implied.
What Counts as a “Bite” in Sherman Oaks, California?
California law says a “dog bite” happens when a dog bites a person. Dog owners in California are strictly liable for bite injuries that occur in public or when the victim has a legal right to be on private property. This is true even if the dog has never bitten anyone before or the owner didn’t know the dog was aggressive.
A bite is considered a “dog bite” even if it does not break the skin. The strict responsibility rule applies only if the victim is in public or legally on private property when bitten. If a dog injures someone while roaming and the owner knows it is dangerous but doesn’t control it, the owner could face criminal penalties.
What Are Dog Owners’ Liability for Non-Bite Injuries?
California’s strict liability law only applies to dog bites. It won’t help if a dog causes an injury without biting. For example, if a dog attacks a bicycle wheel or chases a motorcyclist and causes an accident, strict liability does not apply. However, victims still have options for compensation.
Injured people might receive compensation if they can prove the dog’s owner was negligent. For instance, if a dog jumps on a child playing on the sidewalk and scratches the child’s eye, the parents can sue. They must show that the owner didn’t use reasonable care to control the dog, like keeping it on a leash or in a fenced yard.
What If the Dog Owner Flees the Scene After the Incident?
Leaving the scene of a dog bite attack can result in a fine of up to $100. According to California Penal Code Section 398(a), if a person owns or controls a dog that bites someone, they must give their name, address, phone number, and the dog’s name and license tag number to the victim within 48 hours.
If the person controlling the dog is a minor, they must give the contact information of an adult responsible for the dog. Additionally, if the dog is legally required to have a rabies vaccination, the owner must provide the vaccination status within 48 hours. Not following these rules is considered an infraction and is punishable by a fine of up to $100.
This ensures that dog bite victims can identify the dog and its owner for medical and legal reasons.
Are the Laws Also Applied to Police Dogs?
The rules for holding someone responsible are different when it comes to police dogs, military dogs, or other dogs used for government work. Usually, bite victims can’t make claims if these dogs were defending an officer or helping with duties like detaining suspects, serving warrants, or investigating crimes.
There are some exceptions to this rule, though. If the victim wasn’t involved in a crime or wasn’t suspected of being involved, they might still be able to make a claim. Also, if the police or military agency doesn’t have a written policy for using these dogs correctly, the victim might seek compensation.
What If the Dog Was Provoked?
In California, if a person provoked or attacked a dog before getting bitten, they might not receive full compensation for their injuries. This is because California uses comparative fault laws, which means compensation can be reduced based on how much the person’s actions contributed to the incident.
However, there are special considerations for young children who may not fully understand how to be cautious around dogs. In such cases, they may still be eligible for compensation even if they did something that inadvertently led to the bite.
What Compensation Can I Receive From My Dog Bite Claim?
Dog bite victims often sue the dog owner’s home or renter’s insurance company. If the owner doesn’t have insurance, they might sue the owner directly. Because of California’s strict liability law, most dog bite cases are simple.
Usually, the dog owner or their insurance company pays for the victim’s medical treatment and other costs. If a dog bites you, you might be entitled to compensation for:
- Medical Expenses. When seeking compensation for a dog bite, you can get money back for medical bills, like doctor and hospital fees. These costs cover the treatments needed to help you heal from your injuries. Getting this compensation helps ease the financial burden of your recovery.
- Lost Wages. If a dog bite stops you from working, you could seek money for the wages you couldn’t earn. This helps cover the income you lost because of the injury. Pursuing these damages can provide financial support while you recover from your injury.
- Pain and Suffering. After a dog bite, many people experience lasting emotional distress. You can seek extra money to help with the pain and suffering caused by the attack. This compensation aims to support you through the mental and emotional challenges of your injury.
- Disability Benefits. If a dog bite leaves you unable to work, you may be eligible for disability benefits. These benefits can help replace lost income due to your injury. Seeking disability benefits ensures financial support during your recovery period.
Does California Have a One Bite Rule for Dogs?
No, California does not follow the One Bite Rule for dogs. In California, dog owners are responsible for injuries caused by their dogs, even if the dog has never bitten anyone before or shown aggression. This differs from states that follow the One Bite Rule, where a dog owner must know about their dog’s dangerous behavior or previous bites to be held responsible for a bite.
California’s strict liability law ensures that dog owners are accountable for any harm their dog causes, regardless of its past behavior. This helps protect victims and ensures they can seek compensation for injuries from dog bites without proving the dog’s history of aggression.
What is the New Dog Law in California?
In 2023, California updated its laws concerning dogs. Now, all dogs older than four months must have rabies vaccinations. Puppies younger than four months must either stay at home or be kept on a leash when outside. These rules aim to protect public health and prevent the spread of rabies.
Dog owners need to follow these regulations to avoid fines or legal issues. Keeping dogs vaccinated and under control helps ensure safety for both pets and people in California communities.
Our Commitment to Justice and Fair Compensation
Dog bite cases in Sherman Oaks require determined legal representation to navigate the complexities of California’s strict liability laws. Haffner Law stands as a reliable advocate, dedicated to achieving justice and fair compensation for our clients.
With extensive experience in personal injury cases, we ensure that each case receives the personal care it deserves. Our Sherman Oaks LA dog bite attorney never shies away from doing what’s necessary to secure favorable outcomes.
Our commitment to treating each client with respect and attention sets us apart. If you or a loved one has been affected by a dog bite, contact Haffner Law. We are ready to fight for your rights and provide the right legal support you need.
Let us help you achieve the justice and compensation you deserve. Reach out to Haffner Law today for a free case review. Our law firm can also represent you in Speeding Accidents and Home Accidents.
