Home / Practice / Los Angeles Dog Bite Lawyer / Dog Bite Defenses
Most PI lawyers and cops assume private dog owners are 100% at fault for dog attacks. Mostly, this is due to a misunderstanding of California’s legal term: “strict liability.”
What strict liability in dog bite law means is that:
Attack victims must prove the dog was a known danger in other states and countries.
In other words, your dog must have past bitten someone before evidence exists about your dog’s public danger before strict liability under negligence law attaches. But even the one-bite rule states won’t allow dog owners to escape 100%, especially when intentional acts remain at issue.
For example:
So first, people need to know that animal attacks are not always the fault of the owner. Because of this, people need to recognize when defenses do and when they don’t.
The bottom line is that you are almost always responsible for the acts of your pets. In particular, dog owners should be aware of their dog biting a person; they can face civil suits. The news media often run stories about bite victims. These stories relate to injuries suffered, the dog’s impounding, and the consequences the owner faces.
Dog owners facing possible civil suits should consider consulting an experienced dog bite lawyer. The attorney specializing in dog bite injuries can specify the applicable law and how this could affect them.
The responsibility for the dog’s actions won’t always be with the dog’s owner, even after the dog bites someone. For example, there are instances when the dog bite occurs with justifiable cause. But as discussed, every state has its specific dog bite laws.
Exceptions to Dog Bite Strict Liability:
The dog owner can take action to protect themselves and their dog from legal actions. So this requires being vigilant in preventing the dog from biting any person. While in some instances, it remains avoidable, some precautions exist for the dog owner to take. These stay especially true if the dog may bite.
Using a muzzle in some instances can be intelligent. But many more methods exist to avoid suits.
Methods to Help Avoid Dog Bite Lawsuits:
You heard, right. Dog owners do not want to be in a situation where their pet has unjustifiably bitten another person who meant no harm. Due to negligent dog owners in the past and present, the responsible dog owner will need to prove their dog had a legitimate cause to bite.
So this is where being proactive is the best form of defense. So post signs, lock the gate, or put the dog out of range when they feel threatened. Also, this can potentially help protect the owner and the dog from a future possible civil lawsuit and dog impounding.
We just reviewed a few exceptions and defenses to dog bite strict liability. To learn more, reach out to Michael Ehline at Ehline Law Firm (213) 596-9642, or use our convenient website contact us form.
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Downtown Los Angeles Office
633 West 5th Street #2890
Los Angeles, CA 90071
(213) 596-9642
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