Three Legal Doctrines Concerning Dog Bites

When a dog attacks and injures an individual, the dog owner is held liable. When a dog owner is liable for the injuries caused by his or her pet, he or she is governed by legal doctrines or statutes in which liability for a dog attack is determined. Each state, however, varies when it comes to legal statutes concerning dog bites.

Generally, there are three basic types of legal doctrines or statutes that will make a dog owner liable for injuries or damages caused by his or her pet dog. These are:

• Strict liability statute
• “One bite” doctrine
• Negligence doctrine

Strict liability

Most states have strict liability statutes in relation to dog bites. Specifically, there are thirty-five (35) states that employ such statutes, including District of Columbia. The State of California is one of the states governed by a strict liability rule in dog bites (under the California Civil Code 3342).

Under the strict liability doctrine, a dog owner is liable for the injuries and damages caused by his or her dog, no matter if the dog owner knew that his or her dog is dangerous or had a history of attacking someone. Even if the dog owner is conscious enough to provide restraint and protection for his or her dog to prevent a dog bite, he or she can still be liable.

There are exceptions to the rule, though. The dog owner is not liable if (1) a trespasser steps into his or her property without permission, (2) a veterinarian who treats his or her dog gets bitten, and (3) an individual provokes his or her dog with a stick.

“One bite”

Under the “one bite” doctrine, a dog owner is not yet liable if his or her dog bit for the first time ever. Once his or her dog bites a person, however, it would mean that the dog is known to have a propensity to bite. If the dog bites another person for the second time, it would mean the dog owner is now liable.

Still, there is an exception. The dog owner may believe that the dog is dangerous enough to bite a person. For example, if a dog regularly snaps at people, then the dog is considered dangerous, which would mean that it might have bitten a person in the past.

Negligence

A dog owner is liable for the injuries or damages suffered by a victim if he or she is unreasonably careless or “negligent” in handling a dog. A reasonable dog owner must have the urgency to prevent his or her dog from injuring a person or damaging a property.

When a dog owner let his or her dog run free, he or she is considered negligent. Negligence adds more weight to the case if the state has a leash law that enforces all dog owners to restrain their dogs with a leash. A dog owner is likewise negligent if the fencing in which the dog is in is not secure enough to protect it from passers-by.

Hiring an attorney

A victim of a dog bite must seek help from a Los Angeles accident lawyer. Having a legal representative would not only allow the victim to know more about the dog bite doctrine in California, but he or she will have a chance to recover compensation from the injuries and/or damages suffered.