Dog bite injuries could be very dangerous. Therefore, it could be life-threatening if a small kid suffers a dog bite. Therefore, it is necessary to execute the law strictly to ensure the safety of everyone. California has in place, a Strict Liability Law for dog bites. Hence, you will not have to waste your energy in proving that the owner is solely responsible for the accident. Below is a discussion on the Strict Liability Law in dog bites in California.
In case the dog bites someone, the owner is liable. Further, the homeowner’s insurance provides the required cover. This insurance is carried at a high level. In the state of California, over 80% of the homeowner’s insurance policies have a liability of more than $300,000.
About Strict Liability and Dog Bite Injuries in California
Certain dog bites could be severe and life-threatening. Therefore, it is essential to file a dog bite claim with the help of a dog lawyer to receive the deserved compensation from the liable party.
In several personal injury cases, the lawsuit is made surrounding theory of negligence. This means that the plaintiff should be able to prove that the defendant’s carelessness or negligence became the major cause of the incident. This is completely different in dog bite cases. The plaintiff is not required to prove the negligence or carelessness. Instead, only the following have to be proved in a successful claim, under the strict liability theory.
- The injury was caused by a dog bite
- Plaintiff was present under legal terms and conditions on the property while the dog bite took place.
Strict liability makes the rule very foolproof. It suggests that even if the dog owner takes every measure possible to prevent the dog bite such as regular training or socializing with the dog, they would still be fully responsible for the dog bite. This is under the condition that the plaintiff is on the property of the owner legally.
California’s Dog Bite Statute
The statute makes it clear that the presence on the private property includes the limits of those who are present there due to express or implied invitation. This includes postal workers. Apart from making the theory of strict liability clear, the statute also points to the viciousness of the dog.
Make sure you keep the above factors in your mind before filing a dog bite lawsuit against the owner of the dog.