Dog Bite Cases: Understanding California’s Strict Liability Rule

Wednesday, February 1, 2012


If there is a universal truth about dogs, it would be that they are always your friend but can also be your enemy sometimes. According to the Centersfor Disease Control and Prevention (CDC), about 4.5 million Americans get bitten by dogs each year. Of the said total number, at least 885,000 victims require a visit to emergency rooms of hospitals.

Despite the fact that there is only a very slim chance of fatality due to dog bites; dog owners must still be aware of the consequences of dog attack accidents. In Los Angeles, California, hundreds of personal injury cases are forwarded each year due to dog bite-related accidents. Pursuant to California’s strict liability rule, owners of canines that attack a person may be held legally liable for the incident.

Under strict liability rule, a dog owner may be subjected to civil charges even if he or she was not negligent when the accident occurred. The victim only needs to prove that the dog is vicious thus causing the attack. Dog bite accident victims are advised to seek assistance from a Los Angeles personal injury attorney in order to lawfully assert for compensation claims.

Recoverable damages for dog bite personal injury cases in California include:

·         Medical expenses
·         Loss of income
·         Pain and suffering
·         Property damage

However, in spite of the implementation of the strict liability rule, the legal setting in California concerning dog attacks is not absolute. A victim may find it difficult to obtain personal injury compensations if:

·         The dog that attacked the victim cannot be identified – This is common for attacks inflicted by stray dogs.
·         The victim provoked the dog – In case that the victim maltreated or provoked the dog to attack, he or she may not be eligible for compensations.
The victim is a trespasser – A person who gets inside a property without the permission of the owner may not claim for compensations if he or she gets bitten by the landowner’s dog.

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