Yes, you can file a dog bite claim for provoked dog bites. You may have a case if you can demonstrate that the dog, in this case, was provoked into attacking you, such as when it was teased or when you attempted to remove it from an object it was attacking. Keep in mind that even if the dog was not provoked, you may still be able to file a claim if you can prove that the owner was aware that the dog was dangerous and failed to take appropriate precautions.
What Is Dog Bite Claim?
Injured by a dog in any state? You may be able to file a dog bite claim. The claim will depend on the specifics of the incident, but certain factors are always considered. A dog bite claim for a provoked dog bite is filed when the injured party can demonstrate that they did not provoke the animal and were legally in a public place or on private property at the time of the attack.
Each state has three types of laws pertaining to animal bites: strict liability, negligence, and intentional tort.
- Strict Liability
The owner of an animal is automatically responsible for any damage their pet causes, regardless of the circumstances. This statute applies to all domesticated animals, whether or not they are on a leash.
- Negligence Laws
Owners are held liable under negligence laws if they fail to take reasonable measures to restrain their pets or prevent them from biting people. Owners can be sued if they know their pet is dangerous but fail to protect it.
- Intentional Tort Laws
Intentional tort laws imply that the owner provoked the animal or did something else to cause the injury.
Can You File A Provoked Dog Bite Claim In California?
Yes, in California, you can file a provoked dog bite claim. Under Section 3342(a) of the California Civil Code, the owner of a dog is liable for damages incurred by any person bitten by the dog, regardless of the dog’s previous viciousness or the owner’s knowledge of its viciousness. To succeed in a provoked dog bite claim, you must demonstrate that the dog owner knew, or should have known, that their dog had the propensity to bite or attack humans.
California Dog Bite Laws
In California, dogs are considered “property,” making it difficult to sue their owners for dog bites. Under section 3342 of the California Civil Code, the dog owner is only liable for the victim’s damages if the victim can prove that the owner knew or should have known of the dog’s vicious propensities. This can be challenging, as most dogs have no history of biting.
Conclusion
You may be curious about your legal rights if a dog bites you. There are specific laws governing dog bite claims in California. The personal injury attorneys at 2H Law Firm can help you understand your rights and what you can do. Contact us at (619) 374-9320 immediately for more information and a free evaluation of your case.
