For pet owners, dog bite incidents can bring serious legal consequences. In many states, including those with strict liability laws like California, the law traditionally favors the party injured. Despite this, it doesn’t mean that a dog owner has no way to defend themselves. There are quite a few defenses to liability in dog-bite lawsuits.
This blog discusses defense strategies available, what dog owners should be aware of, and how an experienced dog bite attorney can make all the difference for them.
Dog-Bite Liability Understood
Liability laws for dog bites vary from state to state. In strict liability states such as California, the owner of a dog is usually held responsible when its bite causes injury to someone—no matter whether or not that dog has shown aggression before and has been involved in other attacks. That is unlike the “one-bite rule” states, where a person having been bitten must prove not only did their dog had dangerous propensities but also that the owner knew those things.
While establishing strict liability may seem ruthless to some people, courts do consider the context of the incident. Bringing someone found to be legally liable in an accident can mean they receive a just reward or some similar appeasement from their victims for example, a responsible dog bite attorney who is familiar with this area of case law will help you see what can be done in your situation.
Most Common Defenses in A Dog-Bite Injury Lawsuit
- The Victim Provoked Dogs By Its Actions
One of the most common defenses is provocation. If the injured party provoked the dog-such as teasing, hitting, or threatening the dog owner is not held responsible in any way. Often, evidence such as witness statements or footage from a security camera is needed to prove a case of provocation. - Trespassing
If the injured party was unlawfully on the property when the bite occurred, this could serve as a strong defense. Liability laws typically apply only to individuals who were legitimately on the premises at the time of the incident. - Assumption of Risk
Some work with dogs day in and out, such as veterinarians, groomers, and even dog trainers who comprehend the dangers that could come from their work. If someone in this category were bitten while at their labour, the dog owner might have an assumption of risk as defense. - Self-Defense or Defense of Others
If the dog bit anyone while attempting to guard itself, its owner, or any other person from a genuine threat, courts might approve the action. But the threat has to be real and imminent.
Additional Potential Defenses
- No Actual Bite: If the suit is based on improper information or exaggeration and there was no real bite, the case may be dismissed.
- Mistaken Identity: In some cases, especially ones involving multiple dogs, it is not easy to determine which one caused the injury. If no liability can be fixed and the case becomes stalled for this reason, it can at least serve as a defense.
- Expired Statute of Limitations: If the lawsuit is filed after the legal time limit has expired, it can be dismissed with or without merit.
- Comparative Negligence: In states like California, if the victim is partially at fault (for example, ignoring warnings or acting recklessly), then any financial compensation ordered by a court would be reduced with the victim’s degree of fault taken into account.
Because these sorts of defenses are so fact-based, a prompt consultation with your dog bite accidents lawyer can help you to solidify a tough handling of the law.
How to Strengthen Your Defense as a Dog Owner
If a dog bite happens, being proactive can make a lot of difference. The following tips are intended to help reduce your liability and increase the strength of your legal position:
- From an early age, train and socialize your dog to reduce its aggressive tendencies.
- When appropriate, use leashes and muzzles, particularly in public areas or around people they are unfamiliar with.
- Post clear signage such as “BEWARE OF DOG” to alert strangers who might enter.
- Keep current records of your dog’s vaccinations and medical care–a way to prove that you’re a responsible owner.
- If one cake incident befalls you, take pictures of the damage. Note any witnesses ‘names or phone numbers and record what happened in writing.
- If someone sues you for damages, seek legal help immediately.
Working with an attorney who specializes in dog bite accidents gives you the best chance of a good outcome and makes sure your rights are protected.
Final Thoughts
Dog bite lawsuits are most definitely hard to deal with and very stressful situations. While a dog is “strictly liable” for any injury it causes, such laws do provide for the common defenses. Fastening on each element of these defenses, determining whether it alone would give them victory over all claims against them in court and must be considered to what degree they will succeed in every other principle as well as aspect.
Never defend a dog bite lawsuit on your own. With a seasoned dog bite accident lawyer who can evaluate the facts of your case and develop the strongest possible defense. With the professional wisdom, then you can protect your rights within the constraints of authority as your own meting out responsibility by a rational methodology.
