What Is Strict Liability Under California Law?
Strict liability is the highest form of liability. It actually means if your dog bites somebody, you are automatically responsible.
Are There Any Circumstances Where An Owner Would Not Be Held Liable For A Dog Bite?
You could be held comparatively negligent if you provoke a dog, you negligently cause an attack, or you assume the risk of being bitten. A jury could find that you are completely responsible if you did these things.
Can Comparative Fault Apply In A Dog Bite Claim?
There could be and it is basically the same thing. Comparative fault is if you provoke a dog, you are certainly going to be a suspect of comparative negligence. Certainly, insurance companies, the defense or whoever it is will use these defenses that you negligently caused the dog to attack you, assume the risk if you walk into a backyard with a barking dog, they are going to make these arguments.
Who Should I Notify After Having Been Bitten By A Dog?
The very first thing you need to do is get medical care. That is the most important thing, is to take care of yourself. After that, you should call an attorney immediately so you can start preserving evidence and get the proper information in order to make your liability claim.
The Type Of Evidence Required In A Dog Bite Claim
You need to get the name of the pet owner or a handler; you need to get their address, phone number, and even preferably their veterinarian information so you can make sure that the dog was vaccinated properly. If Animal Control does not contact you, you should contact them and file a report.
If A Person Does Not Have Any Evidence Except The Injury Itself, Is The Dog Bite Claim Doomed?
You certainly still have a claim, but it is hard to bring a claim against an unknown person. With the animal control report, it helps get the information because that is one of their functions. They get information about the dogs and the history of the dog, whether it has any history of biting or not, and the owner’s name and any information than you generally can and then they document it. If there are witnesses, we will call the witness and find out exactly what they saw. A witness is another piece of information you should collect if you can.
What Type Of Damages Can Be Claimed In A Dog Bite Lawsuit?
You could seek your medical bills, pain and suffering, lost wages and you could seek disfigurement if you are scarred.
How Are The Damages Calculated In A Dog Bite Claim?
The amount of damage is certainly determined by the severity of the injuries. The more you are injured the greater your loss is. The severity of injury is directly proportionate to your ability to recover money damages.
Are Future Medical Expenses For Things Such As Cosmetic Surgery Taken Into Account?
Yes it is, especially if you are going to need, in all medical probability, future surgeries, then it is taken into account and asked for in the form of damages.
Who Pays For The Damages Awarded In A Dog Bite Lawsuit?
The people who could be liable, the owner, the handler, the landlord, they are responsible. Generally speaking, what you will find is an insurance policy that has a contract with them to pay whatever they legally owe until the policy limits. The short answer is that insurance companies generally pay these but, it is not dispositive; it could be somebody who owes you the money and could not pay or did not have the insurance for reasons, but mainly it is the insurance companies.
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