At Maison Law, we represent victims of dog bite attacks who have received serious injuries in one of these incidents. We understand how overwhelming a dog attack can be and offer our help and resources to you in your time of need. Especially when it comes to determining liability, you may come across difficulties and need the assistance of a lawyer who has handled these claims in the past. Contact us today for more information on how we can assist you.
Understanding Trespassing in a Dog Attack Claim
Under California Civil Code 3342, a dog owner can be strictly liable for a dog bite under certain circumstances. These include:
- Public property
- Any place where the dog bite victim was permitted to be
An example of one of these situations is when a victim is bitten when they are at a backyard event that they were invited to. However, there are some situations where the victim is considered to be a “trespasser.” What happens in these incidents?
A trespasser is somebody who is somewhere that they are not supposed to be, or are not permitted to be because they do not have permission. Here are some scenarios where somebody may be bitted by a dog when they are trespassing:
- An individual is bitten when they hop the fence into somebody else’s backyard without their knowledge
- A victim was bitten when they wandered into an area on a property where they were told they weren’t supposed to go
- A victim was bitten when they showed up uninvited on a property and threatened the owner
- The victim ignored a sign that stated “no trespassing” or broke into a property and was bitten
In most of these scenarios, a trespasser will have a difficult or even impossible time proving that the owner is liable for their dog bite injury. A trespasser is only able to hold a dog owner liable for an attack if the owner was negligent and this negligence led to injuries.
How a Trespasser Can Be Compensated for a Dog Bite Claim
As a dog owner, an individual is responsible for making sure that unreasonable risk of harm is not caused to others. If a dog owner knows that their dog is dangerous, especially if it has bitten in the past, they need to make sure that all precautions are taken so that a dog attack does not occur.
Let’s say that a trespasser wanders onto a property where there is a dangerous dog because they have ignored “no trespassing signs.” However, the dog is not behind a fenced-in area and bites the trespasser. The owner should have reasonably known that an attack could occur because their dog is dangerous and was known to bite in the past. In this case, they could be held liable for damages.
Partial Fault When Somebody Trespasses
In some cases, a trespasser could also be held partially at fault for wandering onto a property where they did not belong. California follows comparative fault rules, which means that a victim might only be able to recover a certain percentage of damages based on the amount of fault that they shared. The jury involved in a personal injury claim will help make this decision. If a trespasser was 50% at fault for their dog attack, they might find that their damages are reduced by 50%.
It is important to have knowledge of comparative fault, as you do not want to miss out on any opportunities for damages when they are needed to get back on your feet.
Damages Available in a Dog Bite Claim
Suffering injuries in a dog bite claim can be a traumatic experience that nobody should have to endure. You may be left with serious injuries, including infection and disfigurement. This means that you could be eligible for a wide array of damages, which include the following:
- Medical expenses you have incurred
- Medical bills you expect to incur
- Lost wages or future lost income
- Pain and suffering
- Therapy and rehabilitation
Contact a California Dog Bite Lawyer Today
After you or a loved one has been bitten by a dog, you may be left with several hundred or thousands of dollars in finances that you cannot handle on your own. An irresponsible dog owner should always be held liable for the harm that you sustain in a dog bite incident.
At Maison Law, we are here to provide you with the resources that you need to successfully move forward with a dog bite injury claim. We offer you a free and confidential case consultation so that you can get back on your feet knowing that your rights are being protected. Please do not hesitate to contact a California dog bite lawyertoday for the help that you deserve.
