Who Is Responsible For A Dog Bite?
States have different laws regarding dog bite responsibility, although in most cases, the owner is liable. Find out how to protect your rights after being bitten.
For hundreds of years, dogs have been our devoted friends, and our relationship with them is still special and strong.Nonetheless, it is critical to recognize that dog bites are a serious problem that can have detrimental effects on one’s physical, mental, and financial well-being.
Millions of Americans are bitten by dogs every year, and many of them need medical attention and, in certain situations, long-term care. Generally speaking, the owner bears the primary liability for any harm that their pet may do. States have different liability laws for dog bites, though.
California is among 36 states that have a strict liability rule for dog bites, which means that regardless of the dog’s prior behavior or the owner’s awareness of its hostility, the owner is automatically liable for a dog bite.
However, certain states adhere to the one-bite rule, which typically stipulates that if a dog has not previously displayed any aggressive or hazardous tendencies, its owner may not be held severely accountable for the first bite the dog causes. Liability may still exist, though, if the owner was careless or had cause to think the dog may be harmful.
Laws Determining The Responsible Party For A Dog Bite
A dog owner’s liability for harm and damages brought on by a dog bite is determined by two primary legal theories.
- Strict Liability: This liability is applicable if the victim was on the owner’s property or in a public area when the bite occurred.
- Regardless of the dog’s prior history or whether the owner takes precautions, strict liability regulations hold the dog owner accountable for every dog bite.
For instance, dog bite cases in California are subject to strict responsibility. Does this imply that dog bite victims may file a lawsuit? Yes, even if the bite doesn’t seem like much..
Under the state’s dog bite laws, whether or not the dog displayed aggressive behavior before is irrelevant.There are certain exceptions, though. Provocation (such as taunting, teasing, or hurting the dog) may lessen or even completely remove the owner’s responsibility. It’s crucial to remember that strict liability usually only applies to dog bites; proof of negligence may be needed for other dog-related injuries, such as when a dog knocks someone over.
- One-Bite Rule: If a dog has never bitten someone or displayed hostility before, the owner is usually not held accountable for the bite. The phrase “one bite” refers to the fact that the owner is not always held accountable when a dog bites someone for the first time.
The owner’s awareness of the dog’s proclivities is crucial in this situation. Evidence of prior aggressive conduct, such as lunging or growling, can prove that the owner was aware of the dog’s danger.
The owner might not be held accountable if the dog has never bitten someone or displayed aggressive behavior because there was no prior warning that the dog was dangerous. However, if there is negligence—for example, neglecting to properly handle or secure the dog—the owner may still be held accountable for the initial bite even in states with one-bite rules.
How to Hold Dog Owners Responsible for Dog Bite Cases
As the victim of a dog bite, you still have a vital role to play, even in jurisdictions like California where dog owners are firmly held accountable. If you wish to hold the people who caused your dog bite injuries accountable, you should think about taking the following actions:
- Get Medical Help Immediately — Even if you believe your injury is minor, getting medical treatment right away can help you heal. More significantly, it offers a formal document that will be used as proof in your case against the dog owner, describing the severity of your injuries and linking them to the dog bite.
- Report the Dog Bite occurrence – Making sure that an official record of the occurrence is made involves reporting the incident to the local animal control and police. Your claim may be supported by the official report from the authorities.
- Watch Out for Insurers — After a dog bite occurrence, you are usually compensated by the dog owner’s insurance provider. But it’s crucial to keep in mind that their main objective is to safeguard their earnings, not your interests. In an effort to lower your payout, they can try to limit their insured’s obligation.
Gathering Evidence For A Dog Bite Case
Your health and safety should come first if you are bitten by a dog. After you’ve made sure you’re safe and have gotten the care you need, begin collecting proof for your dog bite claim. In addition to obtaining the dog’s owner’s details (name, address, and phone number) and information regarding the dog (breed, vaccination history, and past occurrences), other crucial pieces of evidence include:
Medical Evidence
The strongest evidence in a dog bite case is medical records. They prove how much damage was done, how you were treated, and how the attack and your injuries are related. Here are a few instances:
- Notes from the doctor or the emergency room.
- Immediately following the occurrence and throughout the healing process, pictures of bite marks, bruises, or other obvious injuries are taken.
- Identification of chronic or irreversible harm (such as scarring or nerve damage).
- Recording of recommended drugs, operations, or treatments.
Photographic or Video Proof Aside from your medical records, video footage of the occurrence is the greatest evidence you can collect to support your dog bite case.
Unquestionable evidence of the occurrence, the injuries, and the attack’s circumstances can be found in photos and videos. Make an effort to record:
- Pictures or videos of the dog during or right after the assault.
- Obvious wounds, such as bite marks.
- The attack’s site, along with any pertinent dangers (such as an open gate or a shattered fence).
- Nearby locations that could draw attention to carelessness (such as the lack of signs warning of dogs).
Clothing And Personal Items
The precise clothes you were wearing at the time of the attack, as well as any ripped or bloody objects, are further pieces of evidence that you can keep. Don’t wash them or change them. The dog’s involvement can be verified by DNA evidence found on these objects. To avoid contamination, keep tangible evidence (such as clothing) in a sterile, safe bag or container.
Legal Consequences Dog Owners May Face After A Dog Bite
If dog owners don’t take the required precautions to keep their animals from harming people, they could face legal consequences.If a dog bites someone, the owner could face both criminal and civil sanctions.
The legal repercussions depend on the incident’s circumstances, the victim’s level of injuries, and the owner’s negligence.
- Civil Liability In the event of a dog bite, a dog owner may be held civilly liable for paying the victim’s medical bills and other damages. The victim’s pain and suffering, missed wages, and medical expenses should all be covered by the owner.
- Criminal Liability: If the dog bite attack results in serious harm or death, criminal charges could be filed. Depending on the situation, the owner may be charged with homicide, assault, child endangerment, or other crimes.
What If The Dog Owner Runs Away?
A fine of up to $100 may be imposed on dog owners who leave the scene of a dog bite incident without fulfilling their duties in California.
Within 48 hours, the owner or responsible party must give the wounded person their name, address, phone number, and the name and license tag number of the implicated animal. Additionally, they have to provide the animal’s immunization history. The contact details of an adult owner or guardian should be given if the responsible party are young one.