A “beware of dog” sign has very little effect on liability in California dog bite cases. Generally, a dog owner is 100% responsible for a bite unless the victim was trespassing at the time or provoked the dog.
If you or a loved one are bitten by a dog, there’s no reason to delay while wondering if you have a case or not. Schedule a free, no-obligation case consultation with our skilled California dog bite injury lawyers. It’s a no-risk way to find out what your injury may be worth and who to hold responsible for your recovery costs.
Maison Law represents California dog bite victims and secures the compensation they need to make a full recovery and return to their normal lives.
California’s Strict Liability Dog Bite Laws and Beware of Dog Signs
California follows the legal concept of “strict liability” when it comes to dog bite cases. In some states, dog owners aren’t responsible for a victim’s medical bills unless the dog has a history of biting or aggression. That’s not the case in California. Dog owners are usually responsible for the consequences of a bite no matter the dog’s history.
The fact that a “beware of dog” sign was out near the scene of a dog attack usually won’t cancel out the rule of strict liability. Victims can sue the dog owner. Strict liability holds a dog owner accountable as long as:
- The bite happened on public property or happened on private property where the victim had permission to enter.
- The victim didn’t provoke the dog.
- The victim wasn’t attacking the dog’s owner.
- A bite truly occurred. A dog attack may cause someone to fall and get injured, but if an actual bite didn’t occur, strict liability doesn’t apply. A different set of personal injury laws would apply. An injury can sometimes be considered a bite even if the skin wasn’t broken.
Beware of Dog Signs and California Dog Bite Injury Claims
Beware of Dog signs can convince people to stay off of a property and avoid the chance of a dog attack altogether. This heeded warning may be the best argument for posting a beware of dog sign.
During a dog bite injury claim negotiation or a trial, a beware of dog sign won’t affect the outcome of a settlement or court ruling all that much. However, the sign could both help and hurt the dog owner and the victim.
Dog owners could claim victims purposely ignored the sign and had a hand in their own injury. But a California dog bite victim could also use the sign’s presence to prove the owner knew of the dangers the dog presented. A victim who saw the sign and proceeded onto the property could be said to have accepted the “assumption of risk.” However, in a strict liability state like California, these concerns wouldn’t play a big role in determining an injury settlement amount or a ruling from a judge or jury.
For the purposes of liability protection, a “No Trespassing” sign may provide better legal protection for a dog owner. If property owners can show victims were unlawfully on their property when they were bitten, the dog owner may be protected from liability. The presence of the sign would make it easier to show that victims were fully aware they were trespassing.
Dog Bites on California Delivery Workers and Children
Any legal protection a beware of dog bite provided wouldn’t apply in a case involving a delivery person, like a USPS worker, who got bit. Delivery workers are granted implied permission to enter someone’s property who has received mail or a package. The dog owner must properly restrain a dog when mail or a package will be arriving.
The protection of a beware of dog sign probably wouldn’t hold up in a case involving a child victim either. It would be easy to show that a child wouldn’t have the awareness needed to understand a beware of dog sign and the implied danger.
A skilled California Dog Bite Lawyer investigates dog bite cases and collects evidence to prove that a dog owner should be held fully accountable for injuries from a dog attack. A skilled attorney would clearly demonstrate how a beware of dog sign can’t reduce a negligent dog owner’s liability.
Compensation for California Dog Bite Victims
After a dog owner who had a beware of dog sign out is shown fully responsible for a dog bite injury, you could seek compensation for your hardships.
These damages would be listed in a dog bite injury claim submitted to the dog owner’s homeowners insurance or renters insurance. Your attorney would make sure everything eligible for compensation was included in a claim. Any damage left off wouldn’t contribute to the total on a settlement check.
Through a California dog bite attorney’s skilled negotiation, these and other factors can earn substantial compensation for a dog bite victim:
- All medical bills and those expected in the months to come.
- Compensation for permanent disfigurement or disability caused by a dog bite wound.
- Compensation for physical pain. The pain of a bite and a challenging recovery in physical therapy. Chronic pain and arthritis are also possibilities that should earn support.
- Compensation for emotional pain. This includes anxiety and depression due to a loss of enjoyment of life. Victims may also need help getting over the trauma of a dog attack.
- Compensation for lost earnings while the victim is unable to return to work.
- Compensation for property damage.
- Wrongful Death Benefits. Families who have lost a loved one to a dog attack can ask for financial support from a dog owner. This civil claim would seek money to pay for a funeral and any leftover medical bills. The income the deceased can no longer provide a spouse or children in the future should earn additional settlement funds. A wrongful death claim can be filed in almost all cases, even if a beware of dog sign was in place.
