In some states, dog bite victims have to prove that the dog had a history of aggressive behavior in order to successfully pursue compensation from the dog’s owner. In California, however, dog bite victims only have to prove that:
- The person actually owns the dog.
- You were actually injured by the dog bite and needed medical care.
- You were not trespassing at the time of the bite.
- You did not provoke the dog to attack.
This kind of “strict liability” means that injured victims can still pursue compensation for their injuries, even if the dog had a history of being friendly and had never bitten anyone before. This makes dog bite claims somewhat different from other personal injury claims in which the victim must go to lengths to prove the other part’s negligence.
Unfortunately, even though the law seems very simple on the surface, complications do arise. The dog’s owner may allege that you did not have permission to be on his or her property at the time of incident, or you may be accused of taunting or harassing the dog before the attack. Since each California dog bite injury claim is different and unexpected difficulties can arise, it is wise to consult with an attorney who can help you protect your rights.
If you have been bitten by a dog in Orange County and need guidance during the insurance claims process, please reach out to the experienced Orange County dog bite lawyers with Russell & Lazarus today. You can reach us at 1-(949) 851-0222, or you can get started by completing the confidential contact form on this page.