In California, a dog owner is almost always liable for a dog bite incident, and that includes incidents when the dog is leashed and allowed to reach someone on a sidewalk. Victims could ask for help with all of their medical bills and for the time they lose at work while injured.
Regardless of what the law says, insurers for dog owners can make earning injury support difficult. A skilled lawyer can help. Maison Law offers a free case consultation with a skilled California dog bite attorney to help you determine what you should be asking for and how to hold a homeowners insurance company 100% responsible.
Figuring Out Who Is Responsible for a Dog Bite on a Sidewalk
California actually makes it much easier to determine fault in a dog bite incident than many other states.
The fault is assigned to the dog owner under the legal concept of “strict liability.” It means the dog owner would be liable for a bite incident in almost all circumstances. The dog doesn’t have to have a history of biting for the owner to be held accountable, as is the case in other states.
When a bite wound is involved, victims don’t even have to prove a dog owner was negligent. If a person owns a dog, they are responsible for the actions of the dog. They are responsible for restraining a dog or keeping the dog in a secure enclosure.
In the case of a sidewalk attack, owners might be liable because they didn’t keep a tight leash on a dog to avoid contact. It might involve a dog on the loose that wasn’t kept in a backyard with a secure fence. Perhaps a dog got loose at a park. The dog owner would usually be found accountable in these circumstances.
The few exceptions would be the following:
- The victim can’t have been trespassing (which, when on a sidewalk, victims wouldn’t usually be considered to be trespassing)
- The victim must not have provoked the dog.
- The attack must involve a bite.
Strict liability doesn’t apply unless a bite, no matter how minor, occurs. However, a bite that doesn’t break the skin can qualify. Dogs can do damage to tissue and even crush bones without even puncturing the skin.
Where Support Comes from If a Bite Claim Is Filed Against a Dog Owner
A dog bite injury claim would usually be filed with the dog owner’s homeowners insurance company or against a renters insurance policy. Victims could ask for help with their medical bills, including surgery costs and physical therapy fees, and other hardships.
If a dog owner has no insurance of this type, a lawsuit filed directly against the owner could be necessary. A case may have limits when filing directly against the owner. The owner may not have enough in personal assets to cover a victim’s recovery costs. A judge could award enough for victims to rebuild their lives. However, if dog owners don’t have savings or property to draw from, it’s of little help to the victim.
A lawyer would be able to assess the situation and help victims earn the most possible from any source necessary. In some cases, Maison Law attorneys rely on their experience to find other sources of support for dog bite patients.
Contact a Sidewalk Dog Bite Lawyer as Soon as Possible
After you or a loved one is bitten by a dog, contact a California Dog Bite Injury Attorney to discuss your case.
Ideally, you want to speak to a lawyer before saying very much to the dog owner’s insurer. Never give them a recorded statement over the phone. They can take your statements and twist them to hurt your case.
We are happy to help you determine if you need a lawyer to get every bit of support you’ll need for recovery. If you do require our help to earn more, you can count on our help without any upfront cost. Maison Law doesn’t get paid at all unless we win your case for you. Then our fee is paid in full out of the settlement check that an insurer must send you.
