If you’ve suffered a dog bite, you may be wondering if it’s possible to take legal action against the dog’s owner, and the answer to that question is a resounding yes. In fact, California is a strict liability state when it comes to dog bites, which means that the owner is considered to be legally responsible for the costs associated with bite injuries. Here’s what you need to know about filing a lawsuit for a dog bite injury.
1. Dog bite injuries are covered by the law, but other dog-related injuries aren’t
If you were bitten by a dog, the owner can be held liable under California law. However, this is not the case when it comes to other injuries that were caused by a dog. For instance, if a dog jumped on someone and knocked them over, an injury that was caused by the fall wouldn’t be covered by the strict liability law. However, it could still be possible to sue the owner for negligence in this scenario.
2. The law varies from one state to another
If you live in California and suffer a dog bite injury, the strict liability law will cover injuries that are caused by a dog bite. However, this is not the case in all states. In some states, you will need to prove the dog’s owner was negligent in order to successfully sue for injuries that were caused by a dog bite. Here are a few examples of states that do not have strict liability laws for dog bites:
– New York: New York has what’s known as the “one-bite” rule, which means that a dog owner cannot be held liable unless their dog had a previous history of biting.
– Idaho: Idaho has a “one bite” rule in place, which is similar to the laws in New York State.
– South Dakota: South Dakota does have a “one bite” rule in place. However, it is still possible to successfully sue a dog owner even if they did not know about the dog’s tendencies before it bit you.
3. You don’t need to prove that the dog’s owner was negligent
Unlike some other states, the state of California does not require you to prove that a dog’s owner was negligent in order to successfully sue for damages. That’s because dog owners are legally held liable for any bite-related damages, which ensures that you’ll be able to receive compensation for medical bills, lost wages, and pain and suffering caused by the dog bite.
4. There are a few exceptions to be aware of
There are a few exceptions to the strict liability law that’s in place in the state of California. If the bite victim was somewhere that they were not legally allowed to be, it isn’t possible for them to successfully sue the dog’s owner. Also, if the dog bite victim provoked the dog, it is not possible for them to successfully sue for damages.
5. Strict liability laws often make dog bite cases open and shut
You’re much more likely to win a dog bite lawsuit in a state where a strict liability law is in place. In many cases, the defendant will offer a settlement early on rather than taking the case to trial, which can save you a lot of time and money.
We can help you successfully sue for damages that were caused by a dog bite
We have helped many of our clients receive a settlement for a dog bite injury, and we’ll ensure that you receive the largest possible settlement. So, give us a call today and schedule your consultation!
