Protecting Your Liability in a Dog Bite Case
Under California state law, the victim of a dog bite has a right to pursue financial compensation by filing a personal injury claim against the owner of the dog. The same is true when the surviving family members of the victim of a dog attack wish to file a claim of wrongful death. Many states apply the antiquated "one-bite rule," which holds that the dog's owner can only be held responsible when the dog has a known history of aggression or vicious behavior. In California, however, it is not necessary to prove that the dog has previously bitten someone or acted like it wanted to bite a person.
In order to recover compensation in a dog bite case, it will be necessary to prove that the circumstances of the attack are in line with the scenario as outlined in the dog bite statute. The bite must either have occurred in a public place, or the victim must have been lawfully present on the private property where it happened. For example, you may have been there as a guest, or maybe you were on the property in the execution of a legal duty such as delivering mail as a postman or while serving as an emergency responder.
Landlord Liability for a Dog Attack in Modesto
In addition to pursuing legal action against the dog's owner, you may have grounds for a premises liability claim against the owner of the property where the attack occurred. If the dog's owner is a tenant, and the landlord had knowledge of the fact that the dog was vicious or aggressive, the landlord may be legally liable to you for damages. In such a case, it would be necessary to prove that the owner failed to take preventive measures such as installing a gate or fence, posting a warning sign or even evicting the tenant.