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Determining Liability Following a Dog Bite Attack
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Determining Liability Following a Dog Bite Attack
Dog Attack Liability is Often a Gray Area
Dog attack often happens despite human interaction, not due to it. And that being said, there is a complex situation for the owner, the victim, and legal counsel to determine the attack’s actual fault. Usually, guilt is determined between your lawyer and the other person’s liability insurance company or in civil court.
The victim often sues the dog owner for negligence and, in many cases, wins. Not every case is the same. But most of these attacks tend to follow a very similar formula. Below we discuss several ordinary circumstances that help determine the liability for such an attack.
Dog Assault Liability Depends on the Role of the Owner
In most cases, the owner carries a particular responsibility. However, this manifests in several different ways.
This may include:
- Negligence due to lack of restraint. Often, the dog is not restrained adequately at home or leashed out in public. Perhaps there is a hole in a fence, or it is not tall enough to keep the dog from getting out.
- Negligence due to initial attack. This one is too common. The owner ignores warning signs that the dog is dangerous. This may include not training the dog after an attack. In other cases, the owner does not discipline the dog for attacks.
- Intentional malice. This is far rarer. It can include the owner training the dog to attack other dogs or people. This often carries a significant criminal penalty, as well.
Not every case is the same, nor should they be treated so. Sometimes there is a varying level of potential liability for the dog owner. Consult a skilled California dog bite attorney for more information.
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Michael Ehline
Michael Ehline is an inactive U.S. Marine and world-famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of U.S. history’s largest motorcycle accident settlements. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves on being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride and a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.