Dog bites can be a traumatic experience, often resulting in physical injuries, emotional distress, and unexpected medical bills. California has specific laws governing dog bites, and Orange County follows these state laws with some additional local regulations. This guide will provide you with important information about Orange County dog bite laws and what steps to take if you are a victim.
Understanding California’s Strict Liability Law
In California, dog bite cases are governed by a strict liability law. Under this law, a dog owner is automatically held liable if their dog bites someone, regardless of whether the dog has shown aggressive behavior before or if the owner knew the dog might be dangerous. This means that, in most cases, you do not have to prove that the dog owner was negligent or that the dog had a history of aggression to recover compensation for your injuries.
Key points to understand about California’s strict liability law include:
- The law applies to bites that occur in both public and private places, including the dog owner’s property, as long as the victim was lawfully present.
- There are exceptions, such as if the victim was trespassing, provoking the dog, or performing a paid service involving the dog (like veterinary services), where the owner may not be held liable.
Orange County Regulations on Dangerous Dogs
While Orange County adheres to California’s state laws on dog bites, there are specific local regulations designed to protect residents from dangerous dogs. Orange County Animal Control is responsible for investigating dog bites and taking action when a dog is deemed dangerous.
A dog may be declared dangerous if it has:
- Unprovokedly attacked or bitten a person, causing injury.
- Acted aggressively without provocation, causing a reasonable person to fear for their safety.
- Caused injury to another domestic animal.
If a dog is declared dangerous, the owner may be required to take specific actions, such as:
- Keeping the dog in a securely fenced yard or indoors.
- Muzzling the dog when in public.
- Carrying liability insurance to cover any potential future damages.
- Registering the dog with Orange County Animal Control as a dangerous dog.
Steps to Take If You Are Bitten by a Dog in Orange County
If you have been bitten by a dog in Orange County, taking the following steps can help protect your health and legal rights:
Seek Medical Attention Immediately
Even minor bites can lead to serious infections or other complications. It is important to seek medical attention right away to address your injuries and prevent infections.
Report the Incident to Animal Control
Report the dog bite to Orange County Animal Control as soon as possible. They will conduct an investigation, which may involve interviewing witnesses and determining if the dog poses a further threat to the community.
Document the Incident
Collect as much information as possible, including the dog’s description, the owner’s contact information, the location of the incident, and contact details for any witnesses. Take photos of your injuries and the scene of the attack, if possible.
Understand Your Right to Compensation
Under California’s strict liability law, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the dog bite. Consulting with a personal injury attorney can help you understand your rights and the potential compensation you may be able to recover.
Consult with a Personal Injury Attorney
An experienced attorney can guide you through the legal process, helping you file a claim and negotiate with the dog owner’s insurance company. At The Law Offices of Brent W. Caldwell, we offer free consultations to help you understand your legal options and determine the best course of action.
Defenses a Dog Owner Might Raise
While California’s strict liability law makes it easier for victims to recover compensation, dog owners may raise certain defenses to avoid liability, such as:
- Trespassing: If you were unlawfully on the owner’s property when bitten, the owner might not be held liable.
- Provocation: If it can be proven that you provoked the dog, the owner’s liability may be reduced or eliminated.
- Assumption of Risk: If you were performing a paid service involving the dog (like a veterinarian or groomer), the owner might not be liable under certain circumstances.
Understanding these potential defenses can help you and your attorney build a stronger case.
Request a Free Consultation
Dog bite incidents can have serious physical, emotional, and financial consequences. Knowing your rights under Orange County and California law is essential for ensuring you receive the compensation you deserve. If you or a loved one has been bitten by a dog, the team at The Law Offices of Brent W. Caldwell is here to help. Contact us today for a free consultation and let us provide the guidance and support you need during this challenging time.
