Animal attacks, circumstances | Sodhi Law Group of Modesto
Animal attacks, circumstances – It seems simple owning a dog. Pet it, feed it, clean up after it, which is what most Americans do to show their love and responsibility for their pets. However, if something happens, as in the dog bites or hurts someone, that may not be enough. When a dog bite happens that opens the door and allows them to play the victim and sue for injury and damages.
California is a strict liability state. This means a dog owner can not say they had no idea their dog was capable of harm to get out of liability for the damages their dog has caused.
There are a few things the victim must prove in order to win a lawsuit due to negligence. One, that the owner had a duty to take reasonable care to keep the dogs behavior under control. Two, that the owner was negligent in meeting that duty. Last, and most important, that the negligence of the owner directly caused the victim’s injury.
Since California is a strict liability state, meaning a dog owner can not say they had no idea their dog was capable of harm to get out of liability for the damages their dog had caused, this means there is not always a need to prove negligence. This law usually makes the owner automatically liable for dog bite injuries.
On the defense side of a dog bite, owners must try to prove they took all precautions and used above and beyond reasonable care to prevent any accidents from happening with their dog. Reasonable care precautions include:
- Signs, Beware of Dog, Do not trespass
- Properly built fences, no holes or weak spots
- Proper containment when the animal is not supervised, indoor crates or outdoor kennels
- Adequate food, water and living conditions free of stress and fear
- Training, basic obedience and handler/owner skills, allowed to learn socializing skills
- Properly worn collars, leashes and muzzles if necessary
- Proper warnings for unsocialized dogs, not allowing people or other dogs around their dog
If the owner can prove they followed proper precautions they would have a better chance at proving the victim is, therefore, to blame for the incident. Arguments to prove the victim is to blame can be that they provoked the dog, they were trespassing, they voluntarily put themselves at risk to get hurt or that they were in fact unreasonable causing the injury.
If you or a loved one has been victim to a dog bite, or feel as an owner you are being falsely accused, hire a reputable lawyer to fight on your side and emerge victorious.
Animal Attacks, Circumstances- contact sodhi law group today.
The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience and over 90% successful court cases since 1999*.
This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.
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