Strict Liability on Dog Attack Cases & Limits to Injury Awards

“Strict” Liability Regarding Dog Attack/Dog Bite Cases

In some states, the owners of dogs are afforded some measure of protection from liability for injuries cause by their animal when it comes to the  first dog bit injury caused to someone else. But once it has happened once, then from that point forward it will be clear that they will have had reason formerly to think that the animal was dangerous and had the potential for causing harm to a child. Often known by the adage “one bite” statue, the rule applies in many state, but specifically in the state of California a statute § 3342 holds that owners hold a “strict liability” responsibility for their animals, which means that in no circumstances is a dog owner going to have a free pass for a first dot bite. Regardless of whether it has happened before, there is strict liability regarding your dog and you are responsible to pay for personal injury which has been caused from your animal or dog.

Limits to Damages From Injury in the State of California

There are a few stipulations which are placed on awards regarding personal injury in the state of California and you can read about them below. Some examples include that there will be no pain/suffering damages which are non-economic in nature for drivers which are uninsured. The laws in the state of California bar uninsured drivers from collecting damages from another driver or another at-fault party unless they are economic in nature. That means that pain and suffering damages are out, regardless of whether the other driver was at fault completely for the injuries and the car accident.

Examples of non-economic compensation for damages include things such as pain/suffering. Pain and suffering is generally the biggest category for compensation of a non-economic nature), physical impairment, disfigurement, and/or inconvenience. If you are serious about obtaining financial remedies from an injury, it is imperative that you do the research and quickly determine whether you have a case. Hiring a dallas personal injury attorney can be just what is needed in order to determine whether you have a case or not.

An exception to the rule revolves around whether the other driver is to be held criminally liable for such things as DWI/DUI due to operation of a vehicle. In such cases, the situation is similar to that of dog bites in the sense that there is a strict liability situation regarding the operation of a motor vehicle and DUI/DWI. If the driver is convicted then there will be a financial responsibility no matter what.

Some of the reasons that folks do not end up dealing with the strict liability issues that they are facing can be regarding whether they are afraid that they will somehow be ramrodded or charged intense amounts of money from their attorney. Some folks erroneously think that their attorney will end up getting them less money because they will take such a large cut. The facts simply do not bear out in such fears because the claim amounts end up being such a larger amount when an attorney is present than when a person goes without counsel. Should you have any question as to whether you should hire a California attorney, specifically whether you should hire a Santa Barbara personal injury attorney, simply pick up the phone and call several attorneys until you have that feeling that you have found the right attorney. We are confident that if you call our office, we will do our very best to assess your case, give you the answers you’re seeking, and do this all without pressuring you to do something that does not make sense for your situation. There is never strings attached to a consultation at our office.

Consider the options that are available: do nothing, receive nothing. Try to handle the injury case pro se (by yourself without a lawyer,) suing the insurance company, or simply beginning by asking nicely in order to obtain financial relief for your injuries. This option can be a costly mistake as there are important things that must happen, dates and deadlines which must be adhered to in order to obtain the relief you seek. Or the third option is that you could wait and then hire and attorney, but once more, valuable rights could already have been forfeited if you wait for too long of a time.