Sometimes, you may have provoked a dog attack, whether intentionally or unintentionally. For example, you might have been teasing the dog, entering the owner’s property without permission or ignoring the warning signs.
California follows a “strict liability” rule for dog bite cases. Under California Civil Code Section 3342, the dog owner is liable, regardless of whether the dog has shown aggressive behavior before. While California’s strict liability law holds the dog owner accountable, your compensation could be affected if your actions played a role in the attack.
How Strict Liability Works In California Dog Bite Cases
Even if you were partly responsible for provoking the dog, the law does not remove the owner’s liability. However, your actions could lead to a reduction in the damages awarded.
For example, if the court finds that you were 25% responsible for inciting the dog, and the dog owner was 75% responsible for failing to control their pet, your compensation would be reduced by 25%. This concept, known as “comparative negligence,” intersects with strict liability in these cases.
Under California’s comparative negligence law, if both parties share responsibility for the incident, the court will assess the degree of fault for each side.
It’s important to document the circumstances of the incident and gather evidence showing that the dog owner still bears responsibility. For instance:
- If the dog had a history of aggressive behavior, it strengthens the argument for the owner’s liability.
- If the owner violated local leash laws, it further establishes their negligence.
Taking these steps and seeking legal guidance can help you secure the compensation you deserve, even if you were partly at fault. By fully exploring your options, you can still secure compensation for your injuries and related losses, helping you move forward after the attack.
about
Scott M. Blumen
Scott M. Blumen, Attorney at Law, APC offers personalized, results-focused legal help for injury and workers’ compensation cases in San Diego.
Frequently Asked Questions
Getting started is easy. If you’ve been injured in a workplace accident, car accident, construction accident, slip and fall, or another incident caused by someone else’s negligence, contact Scott Blumen Law today. Call (619) 439-1837 to discuss your situation and receive an honest assessment of your legal options.
Since 1989, Scott Blumen has helped thousands of injured individuals throughout San Diego. He is known for providing honest legal advice, straightforward communication, and experienced representation in both workers’ compensation and personal injury law. As a Certified Legal Specialist in Workers’ Compensation Law, he offers knowledge that many firms cannot provide.
Many injury cases are resolved through settlement negotiations without going to trial. However, if a fair settlement cannot be reached, Scott Blumen is prepared to advocate for your interests throughout the legal process and pursue the best possible outcome.
Depending on the circumstances, compensation may include medical expenses, lost wages, future medical care, rehabilitation costs, pain and suffering, property damage, and other related losses. Every case is unique, and the available compensation depends on the facts of your claim.
California law places deadlines on filing both personal injury and workers’ compensation claims. Missing these deadlines could affect your ability to recover compensation. Contact Scott Blumen as soon as possible after an accident to discuss the time limits that apply to your case.
Yes, in certain situations. While workers’ compensation covers most work-related injuries, you may also have a separate personal injury claim if a negligent third party contributed to your accident, such as a contractor, equipment manufacturer, or another driver. Scott Blumen has experience handling cases involving both types of claims.
Although you are not legally required to hire an attorney, having experienced legal representation can be extremely beneficial if your claim is delayed, denied, your benefits are disputed, or your injury is serious. Scott Blumen is a Certified Legal Specialist in California Workers’ Compensation Law and has over 30 years of experience helping injured workers.
Your health should always come first. Seek medical attention as soon as possible, report the accident if appropriate, gather photos and witness information when possible, and avoid discussing fault with insurance companies before speaking with an attorney. Prompt legal guidance can help protect your rights.
Scott Blumen represents clients in a variety of injury-related matters, including:
- Workers’ compensation claims
- Personal injury cases
- Car accidents
- Construction accidents
- Slip and fall injuries
- Dog bites and animal attacks
- Motorcycle, bicycle, and pedestrian accidents
- Brain injuries
- Wrongful death cases
- Product liability claims
Most personal injury and workers’ compensation cases are handled on a contingency fee basis. This means you generally do not pay attorney fees unless compensation is recovered on your behalf. During your consultation, Scott Blumen can explain how fees apply to your specific case.
The value of a case depends on many factors, including the severity of your injuries, medical expenses, lost income, future treatment needs, and how the injury has affected your daily life. Scott Blumen provides straightforward, honest assessments rather than unrealistic promises so you know what to realistically expect.
If you were injured because of someone else’s negligence or suffered an injury while performing your job, you may have a valid legal claim. Every situation is different, so the best way to determine your options is through a consultation. Call Scott Blumen Law at (619) 439-1837 to discuss your case and receive an honest evaluation.
