Dogs are domesticated animals, so some states treat them like their behavior is predictable. In these states, an owner is only liable for dog bite injuries if the dog has a history of aggression, which can put a victim at a major disadvantage. An injured person may be left without compensation after an attack if they cannot prove a history of aggression.
Luckily, California recognizes that dogs are animals, meaning they all have the potential to bite. You do not have to prove that a dog had a history of bites or other aggressive behavior to recover damages. Instead, dog bite liability in Bakersfield is close to strict liability. The owner is responsible for almost all dog bites on public property or on property where the victim was legally present, and it is the owner’s responsibility to prove exceptions. One of our skilled dog bite attorneys could assist you in pursuing compensation for an injury.
According to California Civil Code § 3342, a dog owner is liable for damages from a bite, regardless of whether the pet has a history of viciousness or the owner knew of this history. A statute holding someone liable under all circumstances is known as strict liability, which applies to dog bites in Bakersfield.
However, strict liability does not mean a dog owner will always be financially responsible for a bite injury. To trigger the statute, the victim must be in a public place or lawfully in a private place. A person walking on a sidewalk or legally on private property other than the owners will almost always be entitled to compensation. So will guests, invitees, and other legal visitors to the dog owner’s property.
The dog owner may avoid liability if they can prove that the victim provoked the attack. Provocation can be a complex area because behavior that would be a provocation by an adult victim might not qualify as provocation when the victim is a child.
While dog bites can lead to catastrophic injuries, the vast majority of dog bites are minor. Medical professionals, veterinarians, and animal behavior specialists may all use different methods to categorize the severity of a dog attack. If an owner is responsible for injuries, they will be responsible for the resulting injuries in any level of attack. However, when the attack is minor, a victim may have few injuries and may not need assistance getting compensation from the owner—or their insurance company.
Lower-level attacks include aggression without actual skin-to-teeth contact. Growling, nipping, charging, and snapping all fall into this category, as do bites where that do not break the skin. While these behaviors can be frightening and may lead to emotional trauma, they are unlikely to result in physical injuries.
The next levels of attack include a single bite. Even good dogs will bite out of pain and fear. While a single bite—especially to child victims—can result in severe and long-lasting injuries, it is unlikely to be fatal. However, depending on the single bite’s location, depth, and severity, the victim may face a long and expensive recovery.
The most severe types of attacks happen when a dog bites a victim multiple times or when multiple dogs attack a victim. These attacks—sometimes referred to as maulings—can lead to substantial injuries or even death to the victim. An owner whose pet has a history of moderate or severe attacks may be liable for punitive and compensatory damages for a bite injury in a Bakersfield dog attack case.
When you are the victim of a dog attack, you may wonder about your potential remedies. A lawyer could help you understand whether you have a claim, what your potential damage range is, and whether you need assistance to pursue that claim. They can also help you understand potential criminal charges and other remedies if you believe the animal is unsafe. Schedule a consultation to learn more about dog bite liability in Bakersfield.
Free Case Evaluation