Dog Bite Accident Lawyer Encino

Millions of Americans count dogs as close members of their immediate families. Throughout California, dogs are considered to be the best friends of humans. Even the best-behaved dogs will sometimes bite others and cause injuries or deaths when they are provoked, however. Californians should know that any dog can bite, and they need to take steps to prevent their dogs from attacking others. If you have suffered injuries in a dog attack, you should talk to a dog bite accident lawyer Encino at the Valley Accident Lawyers.

California’s dog bite statute is a strict liability statute and is found at Cal. Civ. Code § 3342. Under this statute, dog owners in California will be held to be strictly liable when their dogs bite and injure other people. It does not matter whether the dog owner knew that his or her dog had the propensity to bite.

The dog bite statute does not include a provision for strict liability for when dogs cause other types of injuries to people but do not bite them. For example, if a dog jumps on someone and knocks him or her down, the owner will not be strictly liable. Instead, the plaintiff will have to file a negligence claim against the dog’s owner for his or her non-bite related injuries.

In some cases, dog owners may also face criminal liability when their dogs bite others. For example, a dog owner can be charged with a serious crime if he or she owns a vicious dog or a dog that has been trained to attack if the dog is allowed to roam and causes serious injuries or death when it attacks someone else.

Understanding civil liability for dog bites

Dog owners will be liable when their dogs bite other people in public or when the victims are lawfully visiting private property, including the dog owner’s home or business. This liability attaches when the dog bites and injures someone regardless of whether the owner knew the dog might bite.

What is lawful presence?

A person is lawfully present on the property of someone else when he or she is there for a permissible business or governmental purpose or when the owner as expressly or impliedly invited him or her. For example, a dog owner will be liable if his or her dog attacks a postal worker, package delivery person, meter reader, or civil process server. He or she will likewise be liable if his or her dog bites one of his or her guests. The dog owner will not be strictly liable if the dog bites a trespasser or burglar, however.

Exceptions to liability

Law enforcement and governmental agencies that use dogs to perform police or military work will not be liable for dog bites in the following situations:

Nothing in this section shall authorize the bringing of an action against any governmental agency using a dog in military or police work if the bite(s) occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following:

• When the police suspect the person is involved in a crime and uses the dog to hold or apprehend him or her
• When the dog is used during the investigation of a crime
• When the dog is used while the police officer is executing a warrant
• When the dog bites to defend the officer or another person

When must a claim be filed?

Dog bites are considered to be personal injury claims in California. This means that they fall under the state’s statute of limitations for personal injury claims, which is two years from the date of the injury. If you wait for more than two years to file your claim, you will not be able to recover compensation for your injuries.

Get help from a dog bite accident lawyer Encino

Dog bites can seriously injure people. If you have suffered injuries because you were bitten by someone else’s dog, you may have legal rights. Contact the attorneys at the Valley Accident Lawyers by calling us at 818-565-6600.