What is the Dog Bite Defense in California?
The two main dog bite defenses in California, assumption of the risk and provocation, essentially shift blame for a dog bite attack from the owner to the victim. The Golden State is ground zero for animal attacks. California has the highest number of dog bite claims and bite-related ER visits in the country. California also has the highest insurance company payout rate, over $143 million per year, in the country.
Because so much money is at stake, and because the aforementioned defenses are so effective, insurance company lawyers aggressively fight these claims. These companies have almost unlimited financial resources. But David took out Goliath with only a slingshot and an effective plan of action. Likewise, an Oceanside personal injury lawyer has an effective plan for these cases and collects evidence to support the victim’s claims. This combination usually leads to maximum compensation for your serious injuries.
Assumption of the Risk
This negligence defense is available in negligence-related dog bite cases, such as scienter (knowledge), which is the owner’s knowledge that the animal was dangerous and the owner’s failure to properly control the animal.
The defense usually hinges on a “Beware of Dog” or other warning sign. Legally, assumption of the risk has two elements:
- The voluntary assumption of
- A known risk.
The first element is rather straightforward in most dog bite claims. Most people voluntarily go into back yards or other places that hold potentially dangerous dogs.
The second element is much more difficult to prove. As a practical matter, the insurance company must prove, by a preponderance of the evidence, that the victim saw the sign, could read the sign, and could understand what the sign meant.
If the warning sign was on the fence and the victim entered the yard through the back door, the victim didn’t see the sign. Furthermore, many dog bite victims are young children with limited English skills. They usually cannot read “big words” like beware or caution. Even if they can read these words, they generally cannot understand what they mean, especially in the context of a negligence case.
Provocation
This defense applies in strict liability cases, as well as negligence cases. Owners are not legally responsible for compensation if the victim provoked the dog.
Briefly, compensation in a dog bite case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Many dog owners accuse victims of “provoking” dogs because they made loud noises or sudden moves. Legally, however, these acts are not provocative.
Provocation is an intentional act. A victim cannot accidentally provoke a dog. Furthermore, provoking a dog is not like provoking your sister. Aggressive teasing is not legally sufficient. Instead, provoking a dog is a physical act that’s almost akin to torturing a dog. The physical act must be so extreme that the dog reacted violently in self-defense.
Connect With a Diligent San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Oceanside, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.
Source:
publichealth.lacounty.gov/vet/rabiesmanual/dogbitesla.htm
