Dogs provide people with endless amusement and companionship. However, they can be unpredictable. Even the tamest and most trusted of family pets can occasionally lash out and bite someone. If you or your loved one recently suffered harm in a dog attack, you might have a lot of questions about dog bite liability in Stockton.
Fortunately, our skilled dog bite attorneys can help answer your questions. We want to make the legal process as easy as possible for you, so we will offer to come to your house to meet with you and let you know if you have viable grounds to pursue a legal claim.
The law is particularly favorable to dog bite survivors and victims. Unlike in some states, people in California do not need to prove that the dog that bit them had a prior history of aggression. Under California Civil Code § 3342, the owner of a dog is strictly liable for any damages incurred if a dog bites someone who is lawfully in a private place or in a public place, regardless of whether or not the dog had ever demonstrated aggressive tendencies.
To be successful in your lawsuit against the dog’s owner, you would need to prove that you were lawfully on the land. A social guest, client, customer, or mail carrier would be considered a lawful visitor on private property.
If you were trespassing onto the dog owner’s land, you would not be covered by the strict liability statute. However, in some circumstances, trespassers may hold a property owner accountable for a dog bite. For example, a property owner could still be liable for a dog attack on a trespasser if the owner engaged in willful misconduct or acted with gross negligence toward the trespasser. For instance, if a property owner knowingly enticed their dog to bite a trespasser, such as by telling the dog to attack, the property owner could be held liable. Similarly, if the property owner knew that people regularly crossed through their land and that their aggressive dog was unfenced and unleashed, they could be liable for their gross negligence.
Even the calmest of dogs can lash out and attack if they feel scared or threatened. Dog owners would not necessarily be liable if the victim provoked the dog. However, if the person who provoked the dog was a child or someone who would not understand their actions, the dog’s owner could still be responsible.
Our skilled attorneys could review the circumstances of your Stockton dog attack to see if the dog’s owner is liable.
Although the dog’s owner would be the first defendant in a dog bite case, you might also be able to pursue a claim against other parties. Other liability parties for a dog bite in Stockton may include:
Our seasoned legal team can review the evidence to identify all potentially liable parties after a dog bite.
Dog attacks can be terrifying. If you suffered injuries, you could face a long recovery. Receiving financial damages in a lawsuit could help support your healing.
Contact our skilled lawyers to learn more about proving dog bite liability in Stockton.