Few types of accidents are as traumatic as dog attacks. You could be walking down the street, minding your own business, when suddenly you are being bitten by an angry dog. If this sounds like your situation, or if you have been otherwise bitten by an aggressive canine, you may be entitled to financial compensation. Continue reading to learn more about how you can sue for a dog bite in Orange County, California.
Strict Liability for California Dog Bites
In some states, if a dog has never shown a propensity toward aggression or violence (i.e., has never bitten or attacked anyone before), the owner of the dog may be able to avoid being held accountable for the damages of the injury victim under what is known as the one-bite rule.
However, this is not the case in California, where dog owners are held strictly liable for the harm inflicted by their dogs. States like CA that practice strict liability when it comes to dog bites do not take the dog’s prior history into consideration, although if a dog does have a history of aggression, this can certainly work in your favor and support your case.
Ultimately, dogs are animals that often act in unpredictable ways. For this reason, it is the responsibility of the dog owner to ensure that their pet is within their control at all times.
Exceptions the Defense May Use
California strict liability laws do have some exceptions to dog owner culpability, and it’s possible the defense could attempt to utilize these exceptions to avoid being compelled to compensate you for your losses.
First is the issue of provocation. This is arguably the most common defense of dog owners whose pet has attacked. They will generally claim that the injury victim provoked the dog into behaving aggressively, and if they are able to prove it, they stand a chance of being found not liable. Different types of dog provocation might include:
- Teasing
- Hitting
- Kicking
- Taunting
- Abusing
- Yelling
But your provoking a dog into acting aggressively or biting isn’t the only way a dog owner can escape liability. Dog owners cannot be held accountable for injuries a person sustains in a dog bite if they were trespassing on the dog owner’s property or if they were committing a crime when they were attacked by the dog.
You can speak with your attorney to learn more about whether one of these defenses could be utilized by the accused liable dog owner in your case.
Contact a Personal Injury Lawyer in Orange County
Being attacked by a dog can leave you feeling traumatized and unsure of what to do next. Get the clarity you need by reaching out to a highly trained Orange County personal injury lawyer for assistance in holding the dog’s owner accountable for the actions of their pet.
In doing so, you may be able to obtain a sizable injury settlement that will provide you with the opportunity to put this traumatic experience behind you.
