Dog Bites – Part II

Statutory Liability is a term that most people may not be aware of. Or perhaps people are aware of it, but not of its meaning. “Statutory Liability is a legal term indicating the liability of a party who may be held responsible for any action or omission due to a related law that is not open to interpretation.” Put simply, someone must be held accountable for a certain action since there are no other interpretations to the law.

When it comes to dog attacks, most states impose Statutory Strict Liability Laws – making the owner legally liable for the attack.

Here are some things that need to be clarified when we are talking about these laws:

  • The term “dog bite statute” refers to any state statute, county or city ordinance which provides remedy for a dog bite
    • any harm caused by a dog – bite or otherwise
  • As a general rule, a dog does not get what is called “one free bite” which means that the prior behavior of the dog is not an issue and it is unnecessary to prove owners negligence

You should be aware that there are exceptions when it comes to liability:

  • The victim was a trespasser
  • The victim is a veterinarian or profession who is treating the dog at the time of incident
  • The victim was committing a felony or any other crime
  • Victim provoked the dog by abusing the animal
  • Victim assumed risk (explicit or implicitly) to being bitten
  • Dog was assisting police or military at the time of incident

In the state of California, a dog bite victim can recover compensation due to negligence statutes implemented.

Always remember that consultations with a personal injury attorney who is experienced in dog bite cases is free!

Leave a Reply