As a property owner, it is important to understand the California dog bite laws and premises liability laws if you have a dog on your property. Answering this question is easier when you first understand what can happen. It is the responsibility of a dog owner to control their dog, including confining and restraining them. Keep in mind, this is a general overview and each state has its own, unique dog bite laws and statutes. Our Vista personal injury attorneys have recovered millions of dollars on verdicts and settlements on behalf of our clients. A dog bite left untreated for any length of time can cause a disability or life-threatening infection. Additionally, proving that a person was on your property without your knowledge or permission will also mitigate your responsibility in any dog bite incidents. Regardless of why your dog bit someone, you may need to fight city or county officials to keep possession of your pet. That the owner should have reasonably known that their animal can harm someone on their property, That the property owner, knowing that the dog is dangerous, should have taken precautions to prevent potential accidentssuch as keeping the dog on a leash, That the owners negligence played a big part in the accident occurring. | Last updated October 31, 2022. A guest on your property could have provoked the animal, causing a safe situation to become dangerous. For example, suppose a jury decides that a dog bite victim is 50% at fault for the cause of the dog bite because they provoked the dog. When Is a Dogs Owner Liable for Biting Me? In states following the strict liability statute for dog bites, such as Utah, dog owners are strictly liable for any injuries a victim sustained from a dog attack. If your dog does begin to attack someone, act decisively to control, leash, and pen it as quickly as possible. (As noted above, youre usually not liable if your dog bites an intruder.) document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); At Petrov Law Firm, our personal injury lawyers serve North County San Diego, and its surrounding localities, including: Vista, Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, Poway, San Marcos, Solana Beach, Avira, Cardiff-by-the-Sea, Carmel Valley, La Costa, Leucadia, Olivenhain, Rancho Santa Fe, Ramona, San Diego, Valley Center, Fairbanks Ranch, and more. It is highly recommended to study the dogs body language to know whether your pet is uncomfortable or not in specific situations at home, such as children visiting you or a delivery boy knocking the door. Apply over-the counter antibiotic cream if you have it. In Utah, for example, the property owner does not hold any real responsibility for the trespasser. As the dogs owner, you must be prepared to take accountability for your canines actions. Growing up, my parents had a huge backyard and lots of animals. What to Do If Your Insurance Check Exceeds Your Repair. The victim will simply sign a release that states that they will not file a claim or lawsuit at any point in the future arising from the same incident. One important tip is that if you do own a dog and are concerned about being held liable if they bite another person, you may want to considerhomeowner's or renter's insurance. The rule gives a dog owner a one-time pass if their dog bites another person. If a dog bit you on someone elses property, hire a lawyer to represent you and determine your rights. Under Pennsylvania law, a victim of a dog bite generally has two years from the date of the incident to file a lawsuit. When a dog attacks or bites a person on someone elses land, then, the property owners homeowner insurance policy may come into play. COVID-19: The safety of our clients, staff, and our community is our top priority. When my wife and I moved into a bigger place, I knew that I wanted to do the same for my family. (909) 944-1722, Phone It is also important to consider who would be liable for paying expenses related to a dog bite lawsuit. The first priority is to seek medical treatment for the dog bite. You may find it shocking to know that the law in a minority of states actually allows trespassers who are bitten by your dog on your property to bring a lawsuit, but this is only true if an animal owner has acted unreasonably under the circumstances or created anattractive nuisancethat has resulted in harm to children. Please try again. Thus, the officials allow the pet owners to retain their dogs at home, provided they comprehend the importance of keeping them indoors such that they do not go out of your property. You could be liable for damages under negligence laws if a dog bites Dog Bites. Visit our attorney directory to find a lawyer near you who can help. While uncommon, your dog can be euthanized for biting someone. . You may end up breaching the standard duty of care by not acting with proper care. The scientific name for the irrational dread of dogs is cynophobia. What Should I Do if My Dog Bites Someone? In the case of a dog bite, the dog owners liability under, Dog owners in Philadelphia are held strictly liable for medical costs to treat the dog bite. A lawyer could help you understand if you are at fault and how. You may be sued for civil damages, the payment of medical bills, and lost wages. If the dog has no history of biting or attacking, you may not be liable for other expenses. Most US states do not follow the one-bite rule. Even if the bite is minor, you may still be able to receive reimbursement. WebThis means a dog owner can't go out of his or her way to intentionally cause injury to a trespasser, or create circumstances in which injury becomes likely. Provocation: If the victim provoked the dog, the owner probably bears no liability. If you are in a state following the one-bite law, you may not be held liable for the harm caused to the first victim, provided you were ignorant about the incident. This means that the homeowners insurance company will pay for injuries and property damage caused by the policyholders dog, whether the incident occurred on the persons property or not. Can you be held liable in this case? They should not be the one to deal with the legal implications of an event that is difficult or even traumatic. Similarly, if a landlord knows that a stray dog often visits a property, strangers easily disturb it, and the animal bites someone, the landlord can bear liability for the victims damages for allowing the dangerous dog on the property. You are still responsible for preventing dog bite injuries to invited or authorized guests. The person who invited the guests should at least inform the guests about the dogs presence inside the premises. This will help you further understand your rights in a dog attack case. If there is proof that a reasonable and prudent property owner or landlord would have taken steps to prevent the dog attack, you could be found liable for the injury. Reasonable care means when the owners do not unreasonably expose others to threats while giving warning of unseen dangers that should have been known. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. All of this medical treatment is expensive, and the victims medical bills can mount up very quickly in the weeks and months following the dog attack incident. Liable parties in dog bite accidents are most often a dogs owner or keeper. Related Topic: 6 (Easy) Ways On How To Remove Stains From White Dog Fur. Californias strict liability dog bite law applies to the owner, possessor or harborer of any dog. The person was not committing a trespass, teasing, tormenting, or abusing the dog when it caused the personal injury or property damage. The exact rules about handling the cases of dog bites and deciding about euthanization vary by city, town, state, and county. During this time, we are open for business and continue to be available to existing and new clients through virtual meetings and teleconferences. If youve been injured in an accident, you may be wondering what options you have for seeking out compensation. Be sure to check the laws in your state or contact a local attorney to learn more. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The statute of limitations also ensures that witnesses remain available to come to court and testify if the case goes to trial or arbitration. The penalties for more serious dog bites or attacks include unlimited fines, prison sentences, confiscation orders and permanent bans on dog ownership. Deep scratches are serious injuries that usually result in lifelong scars. There are other recoverable damages available for dog bite victims. Most standard homeowners insurance policies in California will pay for dog bite injuries caused by the policyholders pet. If a canine bit someone on your property, you may need to fight a If youve been injured in North County, contact our law firm to discuss your legal options today. Certain stressors and factors increase the likelihood of a dog bite or attack, including: If you did everything in your power to keep your animal safe, but another party provoked an animal on your property, they could be liable for any bites or injuries that occurred. Dog owners have a duty to control the dogs behavior and a strictly liable for injuries caused by their dog with few exceptions. Contact us. Someinsurance companiesmay try to negotiate with you and provide you with a settlement amount. Delays in treatment could cause life-threatening complications. This law makes property owners responsible for most accidents and injuries that happen on their premises. This is regardless of the one-bite or strict liability law. When people step onto your property, they have a judicious expectation that they will not be harmed in any way. Wrap the wound in a sterile bandage. However, it is not wise to agree to any recorded statements or sign documents without legal advice. You are negligent if: Depending on how the incident took place, your dog could be at risk. Dogs are predatory animals, and their primary method of defense is to bite someone. This field is for validation purposes and should be left unchanged. Injuries that a dog attack victim suffers can lead to medical treatment and other serious consequences. Repeat offenders are labeled as violators of the one ( Available outside of office hours by appointment ). Here, negligence refers to the sensibleness of an individuals actions as per the encountered circumstances. File a written report with the local animal control agency. In other words, a dog owner may be prosecuted if the pet attacks someone on an owned property, including the pub area and backyard. Your dog roams free despite the local leash law. Contact a qualified personal injury attorney to make sure your rights are protected. Did a Dog Bite Someone on Your Property? The Do Dogs Have Souls Debate: The Answer To This Question Is Shocking! Contact a local personal injury attorney to discuss your legal options. They could be financially liable for damages based on their percentage of fault for the cause of the dog attack. 4055 S 700 E Suite 205, Salt Lake City, UT 84107, United States. If someone elses dog bites a trespasser on your property, only the dog owner can be held liable for the incident. This compensation coverage includes monetary and non-monetary damages. The only exception here is when a dog bites someone, such as a burglar, who enters your home illegally. Now, the question begs: Whats your position if the incident occurred within your premises? Freely allowing the pet to be seriously out of control on a public or private property is now a breach. In other words, a dog owner may be prosecuted if the pet attacks someone on an owned property, including the pub area and backyard. The only exception here is when a dog bites someone, such as a burglar, who enters your home illegally. Additionally, M-dog.org participates in various other affiliate programs, and we sometimes get a commission through purchases made through our links. Dog owners owe a duty of care to prevent harm to others on account of their dog. The newest American Citizen from North Dakota. Its crucial to the success of your dog bite case to hire a lawyer to identify and protect your rights, defend your case against the other party, and offer support to you and your family during this trying time. In addition, the demand package will include documents such as an incident report or police report, witness statements, treating medical records, medical bills, any lost wage documentation, and a victim impact statement. In a dog bite case, even one founded on strict liability, the dog attack victim will still need to prove their damages. M-dog.org is a participant in the AmazonServices LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking toAmazon.com. The damages a bite victim may receive will depend on the nature and extent of the injuries sustained in the attack, the types of medical treatment that the attack victim underwent for his or her injuries (such as a surgery, operation, or other medical procedure), whether the attack victim had to miss time at work to recover from the injury, whether the attack victim will require some medical procedure for the injuries, and whether the attack victim suffered a permanent injury or disability from the dog bite. A dog owner, under Florida law, is liable for any injury or damage caused by their dog if it bites another person while on public property or on the dog owners The sooner an attack ends, the less harm the person being bitten will suffer. may try to negotiate with you and provide you with a settlement amount. (562) 436-4696, Phone The first thing we should look at in a dog bite case on your property ispremises liability. In many instances, expert medical testimony needs to satisfy the attack victims burden of proof. According to the Centers for Disease Control, one of every five injured victims needs medical attention. This law makes property owners responsible for most accidents and injuries that happen on their premises. This viral infection is a devastating disease that frequently affects dog injury victims. (619) 278-0958, Fax A burglary or break in Most state dog bite statutes state that a person is legally responsible for a dogs actions if they take care of the dog or have control of it, or if a property owner knew that a dog was dangerous, but never did anything to keep it off of the property. Many homeowner policies cover dog bites and attacks. After receiving medical treatment, the next step you must take is to report the attack to law enforcement. This means that an individual will be financially responsible (liable) for injuries or damage caused by a dog even if the owner was not negligent. However, if a negligent property owner doesnt do anything to prevent an attack, and the boy suffers a dog bite, the victims parents can bring a suit against the property owner under the negligence theory of liability to recover damages. The suit will go through the court system and dictate whether you are at fault or liable for the bite. Despite the strict liability dog bite statutes placed upon dog owners, various legal defenses are available for them. Each of these problems could crop up even if the dog bite victim has no grounds for taken legal action. If the injured person can show the owner's negligence or failure to use reasonable care in restraining the dog or warning of the dog's dangerous propensities (e.g. can vary widely since some breeds have far more strength and size than others. If a dog bites someone on your property in California, you could face legal consequences. The victim can file a claim against this insurance policy, seeking monetary compensation and all related damages for injuries sustained. Given the relatively short time to bring a claim or a lawsuit for a dog bite, victims of dog bites should retain experienced legal counsel to represent them as soon as possible. The Ultimate Guide to Car and Trucking Insurance Claims. If the scar is on part of the victims body that clothing does not cover, it can cause extreme shame, embarrassment, and humiliationall of which are legally compensable. Conversely, if you were bitten by a dog on someone elses property, you may be able to recover damages from the property owner. Below you'll learn about the different scenarios in a dog bite lawsuit involving an incident on your property; this article also contains a brief primer on whether yourhomeowner's or renter's insurancewill cover the alleged damages. They may differ from one state to another. This means that even if the attacking dog is not known to be vicious, the dog owner can still be held liable for the attacks. If you had a dangerous or untrained dog on your property at the time of the bite, you could be held liable for resulting injuries and damages. If you are currently involved in a dog bite injury case in Los Angeles, call (213) 626-0571 for assistance from a knowledgeable attorney. All rights reserved. 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