Maison Law represents dog bite injury victims in Lancaster. If you or a loved one has suffered a dog bite injury, the Dog Bite Attorneys at Maison Law can help you get the compensation you need. We recognize the immense physical pain and emotional trauma victims endure after a dog, which is why our firm is dedicated to aggressively pursuing the maximum compensation for your damages. Contact Maison Law today for a free consultation and case evaluation.
Do You Need a Lawyer for a Dog Bite in Lancaster?
Whether you were injured on someone else’s property or in a public place, it is advisable to discuss your situation with an experienced personal injury attorney. If you were injured as a result of someone’s careless actions, or lack of care with their dog and it resulted in you getting bit, you may be entitled to compensation for your damages.
It is important to know that property owners can be held liable even if you were trespassing on their property and suffered a dog bite injury. The homeowner must have known or had reason to know the dog was dangerous and likely to cause harm. An example of this would be a dog with a history of aggressive behavior or had previously attacked someone. An attorney can protect your right to compensation, as well as recover the following damages:
- 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
Most personal injury cases never make it to trial and are often settled outside of court. It is common for both the defendant and the plaintiff to reach an agreeable settlement to:
- Avoid the uncertainty of a trial
- Avoid more stress and save time
- Save on costs and attorney fees
- Protect their privacy
What Does the Law Say About Dog Bite Liability and Non-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.
California Civil Code Section 3342 (b) removes dog bite liability from government agents dogs, stating:
“Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:
- In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity.
- In the investigation of a crime or possible crime.
- In the execution of a warrant.
- In the defense of a peace officer or another person.
Dog bite provocation is another exception to dog bite liability. If a dog bite was provoked by a person hitting or teasing the animal, the owner of the dog is not responsible for damages. Dogs are considered to be provoked if a person steps on their tails, hits them with a stick, or intentionally disturbs them while they are eating.
Can there be Criminal Charges for Dog Bites?
Criminal charges are a possibility for dog owners if their dog injures someone. If they knew their dog was prone to violent behavior and did nothing to keep it from harming another human being they can be charged. In California, according to Penal Code 398, a dog owner must give bite victims their:
- Name
- Address
- Telephone number
- Name and (if applicable) license tag number of the dog
This is so the owner can communicate with the victim about the dog’s vaccination status, or so the victim knows who to claim damages from if their injuries are severe. Dog bites can be upgraded to misdemeanors or felonies if the victim dies as a result of the dog bite. In this case, a wrongful death lawsuit will need to be filed.
Can Other Parties be Held Responsible for a Dog Bite?
California Civil Code Section 3342 (a) states:
“The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”
This law applies to the “owner of any dog.” However, there are exceptions where other parties will be held responsible instead of the owner. When the dog is under the control of another person such as a keeper or handler, they can be liable for the dog biting another person. Liability in the case of dog bites is not based upon the statute, but common law rules.
Unlike an owner, the keeper or handler must have been made aware of the dog’s vicious tendencies to be held liable for a dog bite. In certain situations, landlords may also be held responsible for dog bites if they know of a dog’s violent behavior towards other humans.
How to Recover Damages from a Dog Bite
California allowed a “one free bite” rule until it was eliminated in 1931 by the strict liability law. This dog places liability squarely on the shoulders of the owner, even if this is the first time their dog has bitten someone. In order to recover damages from a dog bite, the victim must prove:
- The dog was owned by the defendant
- The bite took place on public property or the victim has a lawful right to be on private property when they were bit
- The victim suffered an injury as a direct result of the dog bite
Contact a Dog Bite Liability Lawyer
If you’ve sustained injuries from a dog bite or your dog has bitten another person, it is advisable to speak with a dog bite liability lawyer about the incident. At Maison Law, we prioritize the safety and well-being of dog owners and dog bite victims alike. Our team of liability attorneys will help you understand the legal avenues available to you and recommend the best course of action for your situation. 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.
