California holds dog owners responsible for the consequences of dog bites in most instances. That would include a dog bite suffered at a holiday party such as a New Year’s Eve gathering or at a public event.
Victims could file an injury claim against the dog owner’s insurer to get help paying off medical bills and supporting patients while they can’t go back to work.
Dog Bite Injury Dangers at a Holiday Party
Many California residents want to ring in the New Year with family and friends. Family members may open up their homes to relatives and acquaintances for a bash that goes past midnight. A homeowner’s pets may be a fun addition to the party, but dogs can also pose risk to partygoers, especially children.
With the sudden appearance of so many people and the loud noises, dogs can become frightened and confused. An innocent attempt to pet a dog may end with a painful bite. The same risk occurs at public gatherings, where partygoers may be ready to cheer as the ball drops. People who bring dogs may allow them to be too close to others, leading to a situation that tempts a dog to bite.
Victims can suffer bone fractures or deep puncture wounds. An ankle or hand may be damaged. Children who are lower to the ground with less muscle to protect against a bite can suffer the most serious wounds. They may end up with permanent scars on their skin and suffer the consequences of an injury later in life as their bodies develop.
Who is Responsible for a Dog Bite at a Holiday Party?
California follows the rule of “strict liability” when it comes to dog bites. It makes it easier to assign blame after an accident. This means that dog owners will almost always be found at fault. Dogs don’t get a free “one bite” exception like in other states. In California, the dog owner is responsible, even if the dog has had no previous incidents of aggression.
There are a few exceptions to the “strict liability” rule.
- If the victim was trespassing when bitten, the owner might avoid fault. (This generally wouldn’t apply to holiday parties where all guests would be invited into a home or into a public place or outdoor venue)
- If the victim provoked the dog, the dog owner could avoid liability.
At a New Year’s Eve party, dog owners are responsible for keeping a dog out of confusing situations. They must lock a dog in another room if a dog bite is a danger.
In California, dog owners will be responsible for any hardships the patient faces in recovery. Victims can seek compensation for all medical bills and physical therapy bills. They can ask for help in supporting themselves and their families while they can work and earn a paycheck. A skilled California Dog Bite Lawyer would also demand additional support for the pain the victim experiences and the emotional trauma a frightening dog attack can cause.
Should I File an Injury Claim Against a Family Member?
Victims and their parents may have conflicting thoughts about asking a family member or friend for financial support during recovery from a dog bite. But they shouldn’t feel that they are directly targeting a family member or a friend who owns a dog. A claim would be filed against the friend’s homeowners insurance or renter’s insurance provider. The insurer would be called upon to write a settlement check to cover the victim’s damages.
A relative or acquaintance pays their insurance premiums for these types of incidents. What’s more, if asked, a dog owner would probably want a victim to be able to pay for the best care available to recover physically and financially, especially if a family member was put in harm’s way.
What’s more, victims may have no choice but to file a claim. They might have no chance at all to pay off a huge medical bill now or even over several years. A deep bite wound or a broken bone could take a year or more to fully heal and build up thousands of dollars in surgery and physical therapy costs. Victims of dog bites should never face these costs alone.
Ring in the New Year and Protect Guests from Dog Bite Threats
Ideally, party hosts should do what’s necessary to protect their guests. Dog owners have to restrain their dogs in public and provide them with a room of their own if they can’t handle crowds.
If you or a loved one are bitten by a dog over the holidays, and the injuries are serious, you might need a lawyer’s help to force an insurance company to accept the blame and pay for all medical costs. Maison Law offers a free case consultation to all victims. There’s no obligation, but if you feel we can help you earn more in support, you don’t need to have any money to hire us. We don’t get paid unless we win your case. Then our fee comes out of the settlement an insurer must pay you.
