The "One-Bite" Rule for Dogs
Were You Bit By a Dog Due to the Negligence of its Owner? Contact Us Today!
The number of dogs across the United States is remarkably high, which has led to a rise in the number of dog bite cases. The one challenge you should always prepare to face as a dog owner is a dog bite claim. In most states, a dog bite is regarded as negligence on the part of the dog owner. Whether they knew their dog's actions is usually not a matter of concern to the adjudicating authorities.
In California the strict liability principle is only applied in certain circumstances. That's why it's essential to book a consultation for legal advice and further deliberations on your case. The one-bite rule is used in the absence of the "strict liability law."
What Does The "One-Bite" Rule Entail?
In the case of the "one-bite" rule, dog owners are deemed negligent and liable for injuries sustained by a dog bite victim only when the owner is aware of their dog's vicious nature. To better understand how this affects your case, our personal injury lawyer in Los Angeles is always ready and willing to accord you the guidance you require.
Determining The Viscous Nature of Your Dog?
Pet owners are legally obligated to monitor their dog's behavior. It safeguards them from negligence claims emanating from an unwarranted attack. Most dog owners regard the "one-bite" statute as a rule that accords them immunity where their dog has caused injury to another for the very first time.
That is not always the case. Once aware, owners are responsible for warning pedestrians, family, or friends of their dog's vicious behavior. If your furry companion becomes too aggressive at the slightest provocation, there is a possibility that it could result in someone getting harmed.
If a dog owner notices vicious behavior and proceeds to do nothing about it, the court can determine the owner had prior knowledge with supporting evidence. Therefore, such a case will be treated differently.
Scenarios Where The "One-Bite" Rule Is Applicable
Dog-bites are not the only injuries that can be expected from your dog. There are some situations where a dog might harm or endanger another. We offer two examples below.
- Suppose a dog chases someone who ends up falling into a ditch and sustaining fractures. In that case, the aforesaid victim can sue for compensation for injuries emanating from the dog's vicious nature other than a dog bite.
- Suppose a dog bites someone or their pet resulting in damaging injuries. The negligent owner must pay for the victim's expenses.
Although it is not widely used across California, the court still uses the "one-bite" rule to determine a case where the victim's injuries did not emanate from a dog bite. Thus, the "one-bite" principle can be interpreted widely.
It's best to retain the services of a dispute lawyer with a full understanding of dog bites and vicious dog behavior before building a claim or defense. At Gutierrez Law, we strive to safeguard your rights.
What Can a Dog Bite Attorney Los Angeles Do for You?
Vicious attacks can cause tremendous adverse effects on the victims' life. And dealing with a nasty dog bite can be hectic if you handle your case without legal help. Most people tend to think that in the absence of a strict liability rule, the "one-bite" rule automatically applies in their case. There's a chance that it might not. Per California Civil Code section 3342, the owner of a dog is liable if:
- Their dog caused the damages you suffered
- The accident happened on a public, or lawfully private place
Dealing with a dog bite dispute, especially in a state that does not recognize both the strict liability and "one-bite" principle, is challenging. A lawyer can help you understand whether you have a competent case after a free consultation and evaluation. To reach out to a Los Angeles severe dog bite lawyer from Gutierrez Law, call 323-999-3500.