California Dog Bite Victims Deserve Compensation for Their Injuries
If you live in California and are bitten by a dog, your right to compensation for your injuries is protected by a number of different statutes. The best known of these is the California dog bite statute which states that the owner of a dog is liable for any injuries the dog causes to a person while in a public place or lawfully in a private place. The dog bite statute was designed to protect the public from dogs by placing the liability for injuries caused by dog bites on those who choose to own a dog. If you are injured in Los Angeles, make sure you contact a Los Angeles dog bite lawyer to review your case.
Under the California dog bite statute, an owner is liable for any injury caused by his dog even if the dog has never shown any tendency to violence. There are some exceptions to the statute. Specifically, law officers and peace officers who are using canines in the execution of their duties can not be held liable for injuries caused by the dog under their control.
However, there are other statutes of California law under which a dog bite lawsuit can be brought. Like most other states, California dog bite cases may be brought under the common law principle of “scienter” – the knowledge that a dog is vicious or dangerous. Under the common law principle of scienter, a dog owner can be held liable for injuries caused by a dog that he knows is dangerous or has reason to believe might be dangerous even if the owner is not negligent and doesn’t intend harm. The decision to own a dangerous dog is sufficient to prove liability for the injuries. In order to bring a California dog bite claim under scienter, there must be two key elements present: the dog must have acted in a dangerous manner before and the owner of the dog must be aware of it.
If a dog has previously bitten a human when he wasn’t provoked, and the owner of the dog is aware of it, there’s a good chance that there is a dog bite claim under scienter. However, a person bitten by a dog who has never bitten a human may still be able to bring a suit under this principle if, for instance, the dog is of a breed that has a reputation for being vicious or that the dog is kept chained and muzzled.
A California dog bite victim can also prove liability in cases of negligence on the part of the dog owner or the dog’s handler. If a dog owner doesn’t sufficiently control his dog or deliberately puts the dog into a situation where it is likely to become provoked and cause injury, he may be considered negligent under the law. A dog owner might also be considered negligent if he ignored a leash law and the dog caused injury to another while off a leash. The dog owner may also be considered liable if he didn’t exercise enough control over the dog and the dog cause an injury that was not the result of a dog bite. For instance, a dog owner who takes his dog to a crowded mall is responsible to keep the dog under control at all times. If the dog manages to get entangled in the legs of a passer by, tripping that person and causing injury, the owner of the dog may be considered negligent, and liable for that injury.
In addition to the state statutes and common law principles, many cities and municipalities have their own dog bite and animal control statutes. If you’ve been injured by a dog in California, you may be entitled to compensation for your injuries, including your medical expenses and time lost from work. It’s important to contact a California dog bite attorney to find out about your rights under the law.