Have you been a victim of a dog bite in California? If so, you should know that this state has one of the most favorable laws for those affected by this type of incident.
In this article, we will explain to you what strict liability law is, how it protects you, and what you should do to claim compensation for your damages and losses.
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What is strict liability law?
Strict liability law is one that establishes that the owner or possessor of a dog is responsible for the damages caused by their animal, regardless of fault or negligence. That is, it does not matter if the dog was docile, if it was tied up, or if the owner took the necessary measures to prevent the attack. If the dog bites someone, the owner must answer for the consequences.
What are the advantages of strict liability law for victims of dog bites?
Strict liability law has several advantages for victims of dog bites, as it facilitates the claims process and allows them to obtain fairer compensation. Some of these advantages are:
- It is not necessary to prove the fault or negligence of the dog owner, only the fact of the bite and the relationship between the dog and the owner.
- It is not necessary to demonstrate that the dog had a history of aggression or that the owner knew of its propensity to bite.
- The provocation defense does not apply, except when the victim has acted with intent or malice.
- The "one percent rule" does not apply, which prevents victims who have contributed in any way to their own damage from claiming compensation.
What types of damages can be claimed for a dog bite in California?
The damages that can be claimed for a dog bite in California are the following:
- Economic damages: those that can be quantified in money, such as medical expenses, lost wages, loss of earning capacity, or property damage.
- Non-economic damages: those that cannot be quantified in money, but affect the victim's quality of life, such as pain and suffering, emotional distress, loss of enjoyment of life, or disfigurement.
- Punitive damages: those imposed on the dog owner as punishment for their malicious or fraudulent conduct, and which aim to deter others from acting in the same way.
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Why is it important to hire a dog bite attorney in California?
Hiring a dog bite attorney in California is important for several reasons:
- An attorney will help you determine the appropriate amount of your compensation, taking into account all relevant factors and preventing you from accepting an insufficient or unfair offer.
- An attorney will advise you on your rights and legal options, and will represent you before the dog owner, their insurance company, or the courts if necessary.
- An attorney will provide you with support and confidence throughout the process, and will handle all the necessary procedures and formalities so you can focus on your recovery.
Do you know how much each part of your body is worth for compensation in an accident?
What should I do if the dog owner does not have insurance?
If the dog owner who bit you does not have insurance, you can claim compensation through civil or criminal proceedings, depending on the severity of your injuries and the conduct of the owner.
We recommend that you consult with an attorney specializing in dog bite cases, who will advise you on your rights and legal options.
According to strict liability law, the dog owner is responsible for the damages caused by their animal, regardless of fault or negligence. However, if the owner does not have insurance, it can be difficult to collect the compensation, as you will have to prove their solvency and seize their assets if they do not pay voluntarily. If the owner acted with intent or malice, they can be charged with a crime of assault, which can result in imprisonment and a fine.
That is why it is important that you have evidence of the bite, such as the medical report, photos of the wounds, witnesses to the attack, and the veterinary report of the dog. It is also advisable to report the incident to the police, so that an investigation is opened and the dog owner is identified. This way you can protect your rights and prevent the dog from attacking other people.
At Conexión Legal, we have attorneys experienced in dog bite cases who will help you obtain the maximum compensation possible for your damages and losses.
How can I prove that the dog owner acted with intent or malice?
To prove that the dog owner acted with intent or malice, you must present evidence indicating that the owner intended to cause harm or acted with indifference or disregard for the safety of others.
Some evidence that can be used to prove intent or malice are:
- The testimony of witnesses who witnessed the attack or who are familiar with the dog's and owner's behavior.
- The dog's history of aggression, such as whether it has bitten other people or animals, if it has been reported or sanctioned for it, or if it has received any type of training or treatment.
- The conditions in which the owner kept the dog, such as if it was chained, isolated, poorly fed, mistreated, or not vaccinated.
- The owner's attitude after the attack, such as whether they appeared remorseful, cooperative, indifferent, or hostile.
- The existence of some reason or circumstance that could explain the owner's intent or malice, such as revenge, a dispute, a provocation, or negligence.
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What is negligence in a dog bite case?
Negligence in a dog bite case is the lack of care or caution of the owner or possessor of the animal, which causes the dog to cause harm to another person. Negligence can manifest itself in several ways, such as:
- Not holding the dog with a leash or muzzle when walking in public places
- Not supervising the dog when it is loose in the garden or patio
- Not training the dog to be sociable and obedient
- Not providing the dog with adequate health, hygiene, and welfare conditions
Negligence implies civil liability of the dog owner or possessor, who must compensate the victim for the damages and losses caused by the bite. Additionally, negligence can result in criminal liability if the bite causes serious injuries or death to the attacked person.
Can you sue for workplace harassment in the United States?
In that case, the dog owner or possessor can be charged with a crime of assault or negligent homicide.
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