Christmas Parties are always a staple of the holiday season when friends and family are able to gather together at a home or an event. As exciting as holiday decorations, Christmas music, and festive games can be at a Christmas party during the holiday season, they can unfortunately have a negative impact on our canine companions.
The over-stimulation of a holiday party can be stressful on dogs roaming around a Christmas party unattended, resulting in aggressive behavior they wouldn’t normally display. This can put dog owners in a difficult situation when their dog unexpectedly bites someone at a Christmas party, which begs the question, of who is responsible.
California Civil Code Section 3342(a) Dog Bite Liability
California Civil Code Section 3342(a) states the owner of any dog is liable for damages caused by a dog bite. Even if the dog has not shown any aggressive behavior in the past, the owner is still liable. California is a strict liability state, so it does not matter whether the dog owner was careless or not, they are still liable if their dog bites another person. The code also states the owner is liable if the victim is bitten on public or lawfully private property.
The Dangers of Dog Bites at Christmas Parties in California
According to WebMD, 1 in 5 of all dog bites can result in serious injury. Dog bites can be especially traumatizing and dangerous for the victims of a dog bite, as well as those observing the dog attack. Dog bites can also become infected and further the symptoms of emotional distress and PTSD for the dog bite victims. If you’re bitten by a dog at a Christmas party, the most important thing you can do is remove yourself from the dog’s presence. Once the dog is no longer a threat, you should immediately start treating your injury by performing the following steps:
- Look over the wound to note if the skin is broken or not
- Wash the wound with non-scented soap and warm water for 10 to 15 minutes. If the wound is dirty, it may require extended cleaning time
- Stop the bleeding by putting pressure on the wound with a clean cloth until it has stopped
- Apply antibiotic ointment if available will help decrease infection
- Dress the wound with a clean dry bandage
What to do With Your Dog During a Christmas Party in California
Since having guests over during the holidays is a break in your dog’s normal routine, they may act out. Depending on the type of dog you have, they may view your friends as trespassers and begin acting aggressively toward them. Your guests may also not be great around dogs, putting your pet at risk. Here are some of the physical risks your dog may face at a Christmas party:
- Being stepped on
- Going outside due to a door or gate being left open
- Being hit or kicked inadvertently
- Consuming something unhealthy that drops on the floor
Here is a list of ways you can protect your dog, as well as your guests when hosting a Christmas party this year:
- Have your dog stay with a trusted friend or family member during the party
- Have them stay at a professional boarding facility
- If your dog is comfortable with staying in a crate, you can have them stay in their crate in a room away from the party
- Assign a sitter who does not mind watching your dog during the party
What Owners Should Do Immediately After a Dog Bite at a Christmas Party in California
If your dog bites someone, immediately remove your dog from the situation and remain calm. The more emotional you are in a tense situation, the more agitated your dog is likely to become. It is important to take the following steps after your dog has bitten someone:
- Secure the dog: once your dog is removed from the area, secure them, so they cannot cause more damage.
- Help the victim: offer the victim whatever support you can to ease their pain and ensure their safety. Assist in cleaning their wound with soap and water to prevent infection.
- Provide information: share your contact info and information about the dog’s vaccination status.
- Report the incident: it is important to comply with local regulations and report the incident.
- Prevent future incidents: address behavioral issues and take the proper safety precautions to prevent future bites.
After the dog bite, it is pertinent to cooperate with the victim and prioritize their well-being. Do NOT admit fault, even if you think you were at fault. Liability is best determined by an investigation and admitting fault at the scene can have legal implications.
Do I Need a Lawyer After a Dog Bite at a Christmas Party in California?
Depending on the details of your dog bite incident, proving liability becomes complicated quickly. For that reason, it is important to discuss your case with an experienced Dog Bite Lawyer to know the necessary steps you should take. California is a strict liability state. So, in the case of a dog bite, the dog’s owner is liable for your injury even if it is the dog’s first time biting someone. However, two factors about the dog bite incident must be true to establish liability:
- The attack occurred in a public place or on private property that the victim was invited onto.
- The victim did not provoke the dog into aggressive behavior.
An attorney will not only help you prove liability, but they can file a lawsuit on your behalf to recover the following damages from your dog bite incident:
- Medical costs
- Lost wages (if you have to miss work to recover)
- Retraining or re-education for job placement if you have suffered a disability from the accident
- Pain and suffering
- Loss of enjoyment of life
Contact a Dog Bite Lawyer in California
If your dog has bitten another person or you were bitten at a Christmas party in California, it is advisable to speak with a Dog Bite Lawyer about the incident. At Maison Law, we prioritize the rights of dog owners and we will fight to protect you and your canine from undeserved liability. Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs and you don’t pay a cent until we’ve won your case.
