Under the strict liability statutes and negligence law, pet owners are usually held liable in case that their animals cause property damage or physical injury to other people.
According to Los Angeles lawyers, most states have dog bite statutes that cover not just dog bites but also other accidents and injuries caused by the animal. Under this law, it is not important to prove that the pet owner is negligent, just that the injuries and damages are caused by the animal.
The case against pet owners will be stronger if the court finds out that they are aware of the violent nature of their dogs especially when these have already bitten others in the past.
Exception to the Rule
While dog owners are usually held liable for the injuries and damages caused by their pets, there are some exceptions to the rule.
• The injured individual provoked the animal. If the court finds out that the dog bite victim provoked the animals by hitting or teasing it, the pet owner will not be held liable for the injuries.
In some cases, even unintentional provocation of an animal (e.g. accidentally stepping on its tail) will not make owners legally responsible for the injuries caused by their dogs.
• Employees who work with dogs. In some states, pet sitters, groomers, and veterinarians are not covered by dog-bite statutes since it is generally presumed that these people voluntarily take the risk associated with handling animals. However, not all states follow this legal theory.
• The injured individual was a trespasser. In most cases, trespassers are not covered by dog bite statutes because they enter the property without the consent of the owner.
However, this argument does not apply if the trespassers are children or the owner can reasonably expect someone to be on the property. In such conditions, the courts will usually make the owner liable for the injuries caused by their dogs.
To avoid lawsuits, pet owners are advised to lock the gates/doors or put a warning sign to protect members of the public (e.g. mailman, sales agent, pedestrians) who might enter the property.
• The injured person’s carelessness contributed to his own injuries. For example, a man ignored the warning sign that says “Beware of Dog” and still entered the property and was bitten by the animal. In this situation, the court will rule out that the pet owner is not liable since he has done his obligation.
• The pet owner has done all the necessary steps which could have prevented the dog bite incident. These include locking the gates and doors, putting a warning sign, and teaching other people, especially children on how to behave around dogs.
To help you deal with issues involved in
Los Angeles dog bite accidents, consult with our expert
personal injury attorneys. Visit our website and avail of our free case evaluation.
