If you know anything about dog bite laws in California, you likely know that the owner of a dog is responsible for the damages their dogs’ cause, even if said owner did not have reason to believe their dog was violent. However, there are exceptions to this rule. Keep reading to find out what they are and then contact The Law Offices of Larry H. Parker at 800-333-0000 to talk to a dog bite attorney.
- The Victim Was Trespassing
- The Dog Was a Law Enforcement Animal
- The Person Being Sued Did Not Own the Dog
- The Victim Took on a Known Risk
- The Victim May Be Partially at Fault
In the event the victim of the dog bite was trespassing on private property, the owner of the dog is not likely responsible for their dog attacking the victim. Why? Because a person has a right to defend their property from trespassers. They are not responsible for people who are unlawfully on their property.
It could be that a person knows they have a dog that is prone to bite and therefore does not take their dog off their property or allow people on the property. They should not then be responsible for people who come into their property without permission or notice.
Like it or not, a law enforcement dog is not included in the general property injury laws involving dog bites. If you were attacked by a dog working for law enforcement, there might be few options available to you.
If the dog’s owner was not present at the time of the attack, and the victim sues the person who was, then the lawsuit may not be successful. Why? Because, depending on the relationship and duty of care of the person who had control of the animal, they may or may not be responsible for the dog’s actions.
If the owner of the dog had a sign that said “Beware of Dog” and informed a guest to their home that their dog was prone to biting out of fear, and that guest was then attacked, then the owner of the dog may not be found at fault. They provided adequate warning to the guest and the law may see it as an assumed risk the victim took on.
In certain cases, the victim could be found partially at fault. However, if this is the case, it does not necessarily mean that the owner of the dog is not at fault at all – it just means that the award for the victim will likely be reduced by their percentage of fault.
If you have been the victim of a dog bite attack, we strongly suggest you contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation. We can look over your case and provide our best advice on how to continue.