California generally holds dog owners responsible for all dog bites in most circumstances. That applies to dog bites that occur during trick-or-treating and during other Halloween events. Dog owners would usually be legally responsible for helping victims with recovery costs.
Maison Law represents injured dog bite victims. There are often more chances for people out and about on Halloween, especially children, to suffer bites. We offer a free consultation to all California dog bite victims. We want to make sure victims know how to hold a homeowner or a Halloween business owner fully liable for medical bills and other recovery costs.
Who Is Responsible for a Dog Bite on Halloween?
California follows the legal concept of “strict liability” for dog bite cases. It means that dog owners are held responsible for most dog bite incidents. This is true, even if the dog has never bitten or shown aggression before.
That last section may be important on Halloween night. Dogs can face unique situations on Halloween. More people may be entering a yard or coming to the front door during prime trick-or-treating hours. People, including children, may show up in elaborate costumes and flashing lights that confuse and frighten dogs.
It’s a time when normally calm dogs may be tempted to bite someone. However, according to California law, dog owners are still responsible for preventing the possibility of a bite.
Dog owners would be liable except for a few exceptions:
- If the bite victim was trespassing on private property.
- If the bite victim provoked a dog.
But on Halloween when children will be venturing everywhere, property owners need to make sure it’s clear where public property ends and private property begins. There could also be confusion for young minds over which homes are handing out candy and which aren’t. If a homeowner with an aggressive dog didn’t take steps to indicate that they weren’t participating in festivities, a child may come to the front door. A dog bite may still be the fault of the homeowner.
A skilled dog bite attorney would fully investigate an accident and gather evidence to earn any victims help to pay for the best medical care available.
Compensation Available After a Dog Bite on Halloween
Victims who suffer dog bites during a busy holiday or any time of the year must make sure they get full coverage for all their medical bills now and to pay for any care that was anticipated in the future.
Victims and the parents of young child victims would file claims against the dog owner’s homeowners or renter’s insurance. In some cases, a landlord may also bear liability if a tenant was allowed to keep a dog despite complaints about not always keeping it restrained and under control.
The compensation earned through an insurance claim would be based on these and other factors:
- Totals on all medical expenses.
- Additional support for child victims who may experience development issues in the years ahead. An old dog bite wound can affect the maturation process and leave teenagers in need of additional surgeries and physical therapy.
- Support for any permanent disfigurement or disability.
- Support for the pain endured by the victim.
- Support for the emotional trauma the victim must live with. This can include depression during a difficult recovery. It may also include anxiety and PTSD symptoms experienced by a child after a scary dog encounter.
- Totals on the earnings and benefits lost due to the injury.
- Wrongful death benefits. Families may file a wrongful death claim after a loved one has died due to the actions of a dog. Close relatives would receive help with paying leftover medical expenses and funeral costs. Families should also receive cost-of-living support for the future when the victim won’t be able to provide emotional or financial assistance.
Contact a California Dog Bite Lawyer
California law allows dog bite victims up to two years from the date of the accident to file an injury claim. You shouldn’t delay when looking into filing a case. Give your attorney an early chance to track down witnesses and secure any surveillance video of what happened.
After you or a loved one has suffered a serious dog bite on Halloween or any other time of year, contact a California Dog Bite Lawyer to discuss your case, free of charge. It’s a no-risk opportunity to find out about all the benefits available to you and your family and how to hold an insurance company fully responsible.
You won’t need any upfront money if you decide we can help you earn the most for our dog bite wound and recovery. We don’t get paid unless we win your case for you. Then our fee comes out of the insurance settlement check you receive.
