Dog bite lawsuits can be stressful and complex, especially in California, where strict liability laws often favor the victim. However, if you are facing a dog bite lawsuit, there are legal defenses available that may help you avoid liability or reduce the damages you might owe. At JML Law, APLC, we understand the importance of protecting your rights and providing strong legal representation. This guide will discuss key defense strategies and how you can navigate a dog bite lawsuit.
Understanding California’s Strict Liability Laws
California follows strict liability when it comes to dog bites. This means that a dog owner is typically responsible for injuries caused by their dog, even if the dog has never shown aggressive behavior before. Unlike other states where a “one-bite rule” may apply, California law does not require the victim to prove that the owner was negligent.
However, some exceptions and defenses can be used to challenge a dog bite claim. Seeking guidance from a Los Angeles dog bite lawyer can help you build a strong case.
Legal Defenses Against a Dog Bite Lawsuit
If you are being sued for a dog bite, several defenses may apply to your situation:
1. Trespassing
One of the strongest defenses against a dog bite lawsuit is proving that the victim was trespassing. California law states that dog owners are only strictly liable if the victim was lawfully on the property. If the person unlawfully entered your home or yard when the incident occurred, this may serve as a valid defense.
2. Provocation
If the injured party provoked the dog, this can be used as a defense. Provocation includes hitting, teasing, or intentionally harming the dog. In such cases, the court may determine that the victim’s actions led to the bite, reducing or eliminating your liability.
3. Assumption of Risk
Certain individuals, such as veterinarians, dog groomers, or professional pet handlers, assume risk when working with animals. If a person who regularly works with dogs gets bitten, they may not be able to hold the owner liable due to their assumed risk. A Los Angeles dog bite attorney at JML Law, APLC, can help determine if this defense applies to your case.
4. Comparative Negligence
California follows a comparative negligence rule, meaning that if the victim was partially responsible for the bite, their compensation may be reduced. If the injured party ignored warning signs or failed to act cautiously around the dog, you may be able to argue that their negligence contributed to the incident.
5. Lack of Injury or Exaggerated Claims
In some cases, the victim may exaggerate their injuries or fail to provide sufficient medical evidence. If you can demonstrate that the injuries were minor or not caused by your dog, you may have a strong defense.
Steps to Take If You Are Facing a Dog Bite Lawsuit
If you have been served with a lawsuit for a dog bite incident, taking the right steps can make a significant difference in the outcome:
- Remain Calm and Gather Evidence – Document the incident by collecting witness statements, medical records, and security footage.
- Seek Legal Representation – Schedule a free consultation today at 818-610-8800 to ensure you have legal support. A skilled attorney can help build a strong defense and protect your rights.
- Do Not Admit Fault – Avoid making statements that could be used against you in court.
- Review Local Laws – Understanding California’s dog bite laws and how they apply to your case is essential in crafting a defense strategy.
- Negotiate a Settlement If Necessary – Sometimes, a settlement may be the best option to avoid costly litigation.
Conclusion
Defending yourself against a dog bite lawsuit requires a strategic approach and an understanding of California’s strict liability laws. If you are facing a legal dispute, securing experienced legal representation is crucial. By asserting defenses such as trespassing, provocation, or assumption of risk, you can challenge the claims made against you.
JML Law, APLC is dedicated to protecting your rights and guiding you through every step of the legal process. Schedule a free consultation at 818-610-8800 to discuss your case with our legal team.
