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DOG BITE LIABILITY: Are there any exceptions to dog bite liability a California dog owner could use to escape legal liability (fault)?

 

A:

Yes, there are narrow exceptions under California law.  The following circumstances could be used by a dog owner to escape legal liability (fault) if:

  1. The dog bite victim was a trespasser, and it was not a foreseeable trespasser (meaning the dog owner had no reason to expect the potential trespass in the past for example);
  2. The dog bite victim was a veterinarian doctor who was treating the dog medically at the time of the incident or dog bite;
  3. The dog bite victim was committing a felony;
  4. The dog bite victim provoked the dog; (also known as "contributory negligence")
  5. The dog who bit or attacked another was assisting the police or the military at the time of the incident/attack or dog bite.

There is a possibility for the dog bite victim to enact or direct a legal claim to other (or against) possible defendants, including employers, landlords and dog breeders. It is even possible to make a claim against someone who negligently entrusted a dog to another person who could not control it, like a child. Claims against people other than the owner might be crucial under certain circumstances, such as when the dog owner lacks insurance.  However, to obtain legal liability of any other party you generally have to prove that the other party knew of the dangerous propensities of the dog, and where the dog was located (like for landlord dog bite negligence for instance).
 





More Legal Questions About San Diego California Dog Bites?

Do you have more legal questions about San Diego California dog bite injury or animal attack cases?  Return to the California Dog Bites and Animal Attacks Frequently Asked Legal Questions page.  

The Law Offices of Mark C. Blane, APC
GOLDEN EAGLE PLAZA
525 B Street, 15th Floor
Toll Free:  (888) 845-6269
Direct:  (619) 813-7955
  The San Diego California Dog Bite Attorney that offers FREE Legal Help Injury Books for your Dog Bite Injury Claim  BEFORE you need to speak to a Lawyer, a Claims Adjuster, or signs any Forms; also we represent clients across Southern California including the following areas: 


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