When you are involved in a dog bite attack, you may be left with serious injuries and psychological trauma caused by the incident. If this accident occurs on an HOA property, what options do you have? Can they be held liable for the harm you have suffered?
At Maison Law, we offer representation to those who have been hurt in dog bite accidents in California. We know how difficult it can be to get back on your feet after one of these incidents, especially when it affects your life emotionally, physically, and financially. We will compassionately assist you and walk you through the legal process to try and lessen the stress you are feeling associated with your claim. Please do not hesitate to contact us today for more information on your case.
When an HOA Can Be Held Liable for a Dog Bite Attack
Homeowner associations (HOAs) may be liable for a dog bite incident in some cases. HOAs are actually responsible for the safety of those on their property in some areas and under certain circumstances. Even though owners are typically liable for an attack caused by their dog, there are situations where the HOA can also be liable. This applies when their negligence caused the attack in some way.
HOAs are supposed to enforce rules under what are known as Covenants, Conditions, and Restrictions (CC&Rs). These rules and regulations are documents that state what can and cannot happen in an HOA-governed area. If the HOA has failed to enforce certain rules and this led to a dog attack, they could be liable for the resulting damages.
CC&Rs Relating to Pets in HOA Areas
There are many rules that an HOA may set and enforce relating to pets who live on HOA property. These include some of the following:
- Limitations on the number of pets permitted in one household
- Restrictions on what dog breeds a homeowner is permitted to own
- Weight limits on dog breeds on the property
- No breeding dogs for sale or illegal purposes
- Requiring pets to be leashed in common areas
- Requirements for owners to surrender or euthanize vicious dogs that have previously bitten somebody
If an HOA does not enforce certain rules and a dog attack occurs, the HOA and the owner of the dog could be liable for the injuries and other damages that result.
Will I be Covered After a Dog Attack?
In many cases, you can file a claim against the dog owner’s homeowner’s insurance for recovery after a dog bite incident. However, the dog owner has to initially “opt in” to this coverage. If they do not do so on their own, they might not have it.
Your other option is to file a personal injury claim against the owner and the HOA depending on who is liable for the accident. This is the best way that you can ensure that you receive the compensation that you need for your damages without being limited by insurance coverage. You may be able to obtain financial recovery for many aspects such as medical expenses, lost wages, pain and suffering, and more.
Contact a California Dog Bite Injury Lawyer Immediately
After you have been hurt in a dog bite incident in California, you may be feeling lost and confused. Luckily, you have options available for you on a legal level. At Maison Law, our California dog bite injury lawyers are here for you every step of the way as you navigate the legal system after an accident. We will stand by your side and provide you with the resources you need to be successful in your case. Please do not hesitate to contact us today for a free case consultation.
