Dogs bite by nature. Since they didn’t evolve to have hands, we can’t blame them for it. However, dog owners do have some responsibility to their dogs and their communities to reduce the chances of dog bites and attacks from happening. If any owner is aware that their dog has issues with open spaces and tends to play rougher than most dogs, it may not be wise to unleash your dog in the dog park.
Laws concerning dog bites differ widely between states and jurisdictions, typically falling into two primary classifications: strict liability and the “One Bite” rule. Under strict liability, dog owners are held accountable for any harm their dog inflicts, irrespective of previous knowledge of the dog’s aggressive nature. In such cases, the owner may be deemed liable even if the dog has never displayed aggression or bitten anyone. California is a strict liability dog bite state.
The One Bite rule asserts that dog owners are held accountable only if they knew about their dog’s aggressive behavior prior to the incident. In this scenario, the owner is considered negligent for not taking adequate precautions to avert the bite.
Local leash laws and dog park regulations also significantly influence liability. These laws vary substantially depending on the location and may include off-leash areas, leash length limitations, or compulsory muzzling for certain breeds. It’s important to understand not only the dog bite laws of your local jurisdiction but also any additional rules that dog parks you visit may have..
Dog Bite Liability
Determining dog bite liability is a complicated matter that depends on numerous factors, including the dog owner’s actions, the injured individual’s conduct, and the particular circumstances of the incident. Dog owners are generally held accountable for their dog’s actions, particularly if they fail to manage, restrain, or adequately train their dog.
California dog bite laws state, “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner.”
In strict liability cases, like in California, the dog owner may be held liable even if they were unaware of their dog’s aggressive tendencies, while under the one bite rule, prior knowledge of aggression plays a crucial role in establishing liability.
Liability for Dog Bite at Dog Parks
When a dog bite incident transpires at a dog park, the dog owner is often the primary party held accountable, especially if their negligence in managing or training their dog led to the bite. The dog park itself or its management might also share liability if it failed to maintain the park or enforce rules that could have averted the incident. This could involve factors such as insufficient fencing, inadequate signage, improper separation between small and large dogs, or not removing aggressive dogs from the park. In some instances, injured parties who contributed to the situation, like provoking the dog or not supervising their children or own dog, might also share in the liability, also depending on local laws.
Dog Bite Claims
If an individual is bitten by a dog at a dog park, they may have various legal options they can exercise. Document the injuries and the events that transpired, seek medical attention, and obtain information from witnesses. Collecting as much evidence as possible, including photographs of the injuries, is crucial for supporting any future legal claims.
Personal injury claims against dog owners or dog parks are not uncommon. A seasoned personal injury lawyer [Los Angeles] or California dog bite lawyer can help assess potential personal injury claims, gather potentially liable parties, and negotiate with insurance companies on the victim’s behalf. Depending on the case, a personal injury lawyer [Los Angeles] may be able to reach a settlement. Some cases may proceed to trial.
Speak to the Best Dog Bite Attorneys
Dog bite accidents can result in serious injuries and even fatalities. The Law Offices of John J. Perlstein regularly represents victims in dog bite lawsuits [California] and other personal injury claims and wrongful death claims. We have leading wrongful death lawyers [Los Angeles], dog bite lawyers [California], and other personal injury attorneys. Call us today at (213) 252-1070 or fill out the contact form to speak with a lawyer about your potential claim.