California is one of the states where dog bite counts have seen disturbingly high numbers in the last few years. Dog bites cause disfigurement, internal injuries, severe lacerations, and sometimes even death. It is something that could happen to anyone, anywhere, and hence, it is important to have essential knowledge about the rules regarding the same. This will help you deal with the situation and ensure the right steps. Below is a discussion on dog bite defenses and the legal aspects of a dog bite incident.
No Proof of Ownership
The presence of a dog in a particular area does not mean that the dog belongs to the owner of the land. There is a possibility that the dog might have wandered into the land unknowingly. Unless a person has control over the dog, they are not considered the owner. The details regarding the ownership can be found in the veterinarians’ records, animal control records, or the place where the dog sleeps.
Another argument used by the dog bite lawyer is that the person who suffered the dog bite was not visiting the premises under permission. The dog lawyer could also argue that the person was present in the place unlawfully, and hence, the case does not come under the law.
The Victim Was Not Bitten by the Dog
There must be an actual dog bite. This means that the skin of the person has to be penetrated by the teeth of the dog. The law does not cover incidents where the person was tripped over, or if the dog jumped over the person. The law also does not offer protection if there was just an incident of scratch and not a bite.
Persons Involved in Dog-Related Professions
Note that the persons involved in professions such as dog sitters, veterinarians, pet sitters, and dog groomers are not eligible to receive compensation for dog bite cases. This is because these occupations involve close interaction with the dogs, and hence, the risk is inherent. However, there are certain exceptions under this category too. The law offers protection if the victim was bitten after or before the person was employed. In addition, if the victim was under the employment of a dog owner, the person will be treated fairly under the law.
Furthermore, if the owner already knew that the dog had a biting tendency but failed to disclose it to anyone, then the owner will be penalized.