If you have been attacked and injured by a dog, seek medical help immediately and contact a dog bite lawyer Burbank CA next.
There is strict liability for dog owners in California. This means that the owner of a dog that bites someone can be held responsible for the victim's injuries in a civil case, even if the animal has never been bitten before and the owner had no cause to know the animal was dangerous.
This is in contrast to the "one bite rule," which applies in some states and holds the owner accountable only if the animal has previously bitten somebody or has shown aggressive actions. As a result, dog bite lawsuits are more common in California than in any other state.
A dog bite attorney can look into the events surrounding the injury, find the dog's owner or responsible party, make a demand for compensation, and initiate civil action if the request isn't met. Fortunately, California has favorable laws protecting victims and holding dog owners responsible for their canines' harm.
C 3342 holds dog owners accountable for damage to others if the following conditions are met:
· The individual did not do anything to provoke the dog, and
· The victim was bitten while legally on private property or in public (i.e., not trespassing)
Trespassers in California who are bitten by canines are usually unable to sue for damages.
In California, people may not be able to recover damages for dog bites if:
· They were on private property (such as the dog owners), breaking the law.
· They had agitated the dog.
· According to California's self-defense laws, the animal was either protecting its owner or another person when the attack occurred, or
· The animal was police or military dog utilized as directed by the agency's stated policy.
In Burbank, California, those bitten by a dog are frequently entitled to reimbursement from the dog owner's insurance carrier. Types of compensation include:
· Medical expenses
· Psychological assistance
· Physical therapy
· Wages lost
· The loss of one's earning capacity
· Suffering and pain
· Disfigurement or scarring
· Amputation
In California, the families of victims killed by such animals may also be able to claim wrongful death damages.
A so-called "one bite rule" is followed in some places like Nevada. However, unless the owner knows that the dog has already attacked or bitten a person, these states do not hold the owner liable for dog bites.
The one-bite rule is not followed in California, fortunately.
In canine assault instances, California law mandates strict liability of the dog owner.
If a dog has previously bitten someone, state law imposes an additional duty of care canine's owner. An owner in this situation must take all the reasonable precautions to prevent their dog/s from biting others.
In relevant dog bite cases, California law allows people to obtain punitive damages. Punitive damages, sometimes known as "exemplary" damages, are intended to punish a defendant who has engaged in particularly egregious conduct.
To seek punitive damages, the plaintiff must show that the defendant's actions amounted to malice, fraud, or oppression. There has to be clear evidence to support this type of claim.
When a defendant acts with a purposeful disregard for safety and rights, that's legally termed malice.
Only a few cases involving canine assaults and minor damages have reached California appellate courts, setting a precedent for lower courts.
However, in a dog bite case, nothing in the law stops a court from imposing punitive damages.
Also, in California, people without health insurance may be able to find a doctor willing to work on a medical lien.