Defenses in California Dog Bite Cases
If you are the defendant in a California dog bite case you may have some defenses available to you. If the plaintiff was trespassing on your land you may be able to avoid strict liability under California’s dog bite statute. In addition, if your dog bit a veterinarian, kennel worker, or other service professional who is paid to interact with dogs in a similar manner you may avoid strict liability on the grounds that the plaintiff assumed the risk of being bitten by your dog. Nevertheless, if you are the defendant in a dog bite case it is important that you retain a personal injury lawyer early on. To contact a dog bite attorney call Sacramento Law Group at (916) 596-1018.
Trespass
California’s dog bite statute only applies if the plaintiff was bitten while lawfully in a private area. If an individual has trespassed they are not lawfully in a private area and therefore cannot invoke the dog bite statute to impose strict liability. A person is a trespasser when they are on your property without your consent or have entered a part of the property you have told them not to enter. For instance, if you invite someone into your home but tell them to not enter your yard, the individual would be a trespasser for purposes of the dog bite statue when they enter your yard.
Assumption of the Risk
If an individual is paid to encounter a risk such as being bitten by a dog, they cannot hold you strictly liable under the dog bite statute when they are bitten by your dog. Consequently, certain professionals like veterinarians and kennel workers may be unsuccessful in holding dog owners strictly liable for dog bite injuries when they were incurred during and within the scope of their work.