Top 3 Legal Options after a Dog Bite or Attack

If you have been attacked by a dog, do you know your options?

Well, it will actually depend on the type of attack that caused your injuries.

A San Diego dog bite attorney can help explain your legal options, but to give you an idea, here are some alternative actions you can take after a dog attack.

1.    California’s Strict Liability Dog Bite Statute

If you have been bitten by a dog, the state of California has made it easier for you to hold the dog owner liable for your injuries.

Under the California dog bite law, you no longer have to prove negligence on the dog owner or prove that the dog had a history of viciousness to collect damages.

All you have to do is prove the following elements:

• Actual dog bite – the injuries you sustained should be caused by an actual dog bite and not other forms of dog attacks like scrat5ching or pouncing.
• Ownership of the dog – you also have to prove the actual ownership of the dog. The owner may dispute this especially if the dog is undocumented but if you can prove that he has custody of the dog then he is the owner.
•  In the premises legally – you also have to be in a public place or in the premises of a private property legally to collect damages. 
• Damages – You sustained losses due to the dog bite.

 
2.    Negligence 

If the injury you sustained is not from a dog bite, then strict liability will not apply.

But you can still recover losses by proving negligence on the part of the dog owner.

To prove negligence you have to prove the following elements:

• The dog owner has a duty of care to take reasonable measures to prevent dog attacks
• The dog owner fails to fulfill that duty of care
• You sustained injury as a ressult
• You sustained losses

 
3.    Negligence Per Se

Another option you have is to prove that the dog owner is negligent by virtue of breaking an existing public policy.

To prove negligence per se, you have to establish the following elements:

• There is an existing public policy such as local leash law
• The dog owner broke that law
•  You sustained injury as a result
• You sustained losses 

 
Get Help

If you have been injured in a dog bite or attack, the Mesriani Law Group team of expert San Diego injury attorneys can help you recover your losses.

To know more about our legal services or to avail of our free consultation, feel free to call us at our toll free number at (310) 826-6300 or send an email at info@mesriani.com.