Dog Bite Injuries
I’m Ed Smith, a Folsom dog bite lawyer. Dog bites and attacks can lead to many different types of traumatic injury. These can range from a wrist fracture, broken femur, and head injury if pushed down by a dog. It can also include facial scarring, throat injuries, and hand fractures from a dog’s actual bite.
Learn more about laws surrounding dog bite cases and what are the most common defenses to a dog bite claim. California has statutes for dog bites where dog owners are strictly liable for any injury that is caused by their dog. What was known as the “one-free-bite” rule, has been removed from the law. No longer is a dog owner only liable when the dog has previously shown tendencies toward violence. It is now the law that dog owners are liable for any injury by their dog to a person in a public place or when the injured person is lawfully on private property. This is all that needs to be shown in a dog bite claim.
Common Defenses to Dog Bite Claims
Where these statues are limited is with the concept of dog ownership. One who is merely keeping a dog, or currently in possession of a dog is not the one to ensure the dog’s good behavior. The keeper is only liable for injuries inflicted by a dog in the keeper’s care when they have previous knowledge of the dog’s propensities to violence.
Trespassing is another defense that can be argued during a dog bite claim. If the injury took place on private property, the injured person must prove that he or she was on the property legally and that the trespassing defense does not apply.
There have been instances where an injured victim is denied compensation for damages when the injured person caused the attack negligently, provoked the dog, or knowingly assumed the risk of being attacked.
The strict liability is only applied to the owner when an actual bite results in an injury. Wrist Fractures, head injuries, and a broken femur that result from being jumped on or knocked down by a dog would be a negligence claim rather than the strict liability of the owner.
Who is Considered an Owner?
California law only holds the owner of a dog liable. When is someone considered or not considered an owner? There are instances when someone other than the dog’s documented owner can fall under the definition of dog ownership. As discussed earlier, a keeper or handler with prior knowledge of a dog’s violent tendencies can be held liable for any injuries caused by a dog under the keeper’s care. This prior knowledge can be proved by knowing of a prior bite or being properly notified to keep the dog away from certain foreseeable situations prior to an occurrence. Even a family members of the documented owner of a dog may be found liable when prior knowledge of the tendency for violence is proved.
Most Frequently Asked Dog Bite Questions
Read this article to learn the answers to these common questions.
- What does the law define as a dog bite?
- What should I do once I’ve been bitten by a dog?
- If I witness a dog attack, who should I contact?
- What are the most common injuries from a dog bite and dog attack?
- Are dog bites covered under California State Law?
- How much could I potentially be rewarded from my dog bite claim?
- Are certain breeds of dogs banned in certain areas?
- Will insurance cover my dog bite related expenses?
Related Dog Bite Incidents
- Dog Attack on American River Parkway
- Elk Grove Dog Attacks
- Injuries by Police K-9 Dog Bite
- What Are Injury Lawyers?
Folsom Dog Bite Lawyer
I’m Ed Smith, a Folsom dog bite lawyer. It can be a tragic experience when one is involved in a dog attack. Especially when there are resulting traumatic injuries or wrongful deaths. If you or a family member have been seriously injured by a dog, give me a call today. You can reach me at (916) 921-6400. I offer free and friendly advice so you can know how best to proceed in your situation. You can also reach me by my toll-free number (800) 404-5400
I have been helping individuals in the Folsom community and surrounding areas receive needed compensation for their injury claims since 1982.
Please take the time to look through the reviews from my previous clients. You can find these reviews on the following websites:
See the past settlements and verdicts of our injury lawyers here.
I am proud to be a listed member of the California Section of the Forum for Million Dollar Advocates. This forum includes the best trial lawyers across the nation. All members have $1 million or more in case settlements and verdicts.
For more helpful information visit: Autoaccident.com.
Image Source: Stocksnap.io by Lukasz Szmigiel
:ab bw [cs 861] cv