Under the doctrine of strict liability, when an owner’s dog bites another person, the owner shall assume total liability. This is true even if the aggrieved party couldn’t prove that the dog owner did something wrong. Damages are also recoverable even if the dog owner isn’t aware that the dog is dangerous. Your friendly neighborhood Orange County dog bite injury lawyers suggest that you commission the services of a reliable lawyer to help expunge your guilt or claim damages.
The law on dog bites and the liability that comes along with it vary with each state. In Orange County, anyone who knows of a dog biting incident is required by law to report this fact to the county’s animal care center. This obligation is true to victims, owners, and witnesses. As a matter of course, the dog would be quarantined to check for rabies.
Who is liable for the damages?
If you’re the victim, one of your primary concerns is who will cover the medical treatment cost. If you suffer trauma from the attack, who will take care of the cost as well? California law is clear on who will get compensated in a dog attack.
The doctrine of Strict Liability
Under this principle, the dog owner is liable for any damages caused by the dog biting incident. This is regardless of the fact as to whether the said dog also bit another person in the past. If the victim is legally permitted to be where the biting happened, they can be compensated. However, if the dog bites you after trespassing the dog owner’s property, your claim for damages won’t hold.
However, remember that paying for the damages under strict liability only applies to the dog owner. If the one looking after the dog when it bit another person is its trainer or sitter, then the latter won’t be held responsible for damages.
Negligent behavior
If you’re asserting negligence as the proximate cause of your dog bite injuries, you need to show proof that the defendant did not exercise the due diligence required in the situation. This diligence comes in the form of adequately securing the dog to avoid causing injuries. This case is easy to win if the aggrieved party alleges that the defendant did something illegal that caused the former’s injuries.
The requirement to restrain dogs
In Orange County, dog owners and carers need to keep their dogs on a leash or be restrained by a wall or fence. If the said dogs are put on a leash, it’s required that the one holding the leash is competent enough to control the dog. Failure to follow means you can be held liable for violating Section 4-1-45 of their code.
What is the source of this liability for damages?
The law provides that the freedom of an individual ends when the right of another begins. Simply put, your privilege to care for a pet at home ends when the right of another person to be safe from injuries begins. This means that while there’s no law stopping you from bringing in as many dogs as you would like, you are also obligated to keep these pets from biting another person.
If your dog causes pain and injury to another person or pet, then the law provides that you should compensate for the same. Provided, however, that the person injured is lawfully permitted to be at the place where the biting incident happened. If they’re trespassing a private property, then the whole story changes. You won’t be held liable because they’re not legally permitted by law to encroach on another person’s property.
Damages are not limited to the payment of medical bills. It could also include trauma, anxiety, stress, and other forms of mental and emotional anguish. Though one needs to prove this in court, most of the time, they’re almost given. This is not meant to mistreat or impose a burden on the dog owner. Instead, it is imposed to set a case precedent and remind you to always be careful with the consequences of your actions.
Takeaway
Raising a pet is never a crime. However, if your pet injures another person because of your negligence, the law will come after you. This is the reason why you have to be a responsible pet owner. Respect other people’s safety, and you’ll never have to face legal consequences.