CALIFORNIA DOG BITE LAWSUIT
Dog attacks may cause a lifetime of permanent damage and pain. Dog bites result in disfigurements, loss of enjoyment of your lifetime and even wrongful death.
Pursuant to California Civil Code section 3342(a) “the owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”
People who own dogs can be responsible for the harm caused by a dog bite and it does not matter how carefully they guard or restrain their dogs. According to California Jury Instructions, the plaintiff has to prove the following facts in order to establish the claim:
It should be taken into consideration that a person is lawfully on private property of the owner while performing any duty required by law or on the property at the invitation (whether express or implied) of the owner, i.e., a governmental agent during investigation of a crime, guests at party,etc.
- The defendant owned a dog
- The dog bit the plaintiff while he or she was in a public place or lawfully on private property
- The plaintiff was harmed
- The defendant’s dog was an essential factor in causing the plaintiff’s harm.
Thus, a responsible pet owner has a legal duty to ensure mentally and physically training of the animal while handling in public. You should remember that regardless of the cause of the dog bite, under California law it is set forth that dog owners are responsible for injuries arising out of their dogs ownership. However, the dog’s owner may not meet these requirements and act in a negligent manner. For example:
Generally, dog bites result in punctures, lacerations, fractured bones and abrasions. The issue becomes more serious if the victim is a child who does not know how to behave with a dog. That is why any harm caused by a dog has to be reported to an official because the owner of the dog can try to deny that it was his or her dog that bit you. In addition, it is critical to report about the dog bite to the medical establishment in order to receive the medical treatment you necessitate.
Which are the most dangerous among the breeds notorious? It is considered that the most aggressive dogs are:
- The dog did not be restrained with a leash
- The dog did not be inside the home
- It was failed to provide the dog with necessary care and training.
In other words, it must be proven that the dog harmed you and you seek damages from the person who is owner or keeper of this dog. They might have insurance which can cover damages caused you, otherwise they will be obliged to pay from their pocket after you get a judgment against them.
If you have recently become a victim of a dog bite and in result you have suffered serious injuries, the next thing you can do is to contact a California Personal Injury Lawyer. Issues will become more complicated if a person without any experience and professional knowledge involves in them.
- Pit bulls
- Doberman Pinchers
- German Shepherds
- Chow Chows.
If you have been involved and suffered a dog bite in California, you may be entitled to receive compensation for your losses, including:
The Margarian Law Firm lawyers aggressively protect the rights of persons suffered personal injuries in California. We will evaluate your case and prepare as fast as possible your claim for the compensation you deserve. Additionally, we provide a flat fee agreed upon before we begin. Feel free to contact us!
- Loss of wages
- Car repairs
- Medical treatment.
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