Many people share their holidays with pets and even make them part of Christmas parties. Unfortunately, the sudden appearance of lots of people and loud distractions might frighten a dog that’s usually calm and harmless.
A dog bite can result and victims who were just trying to enjoy a family get-together could now face a long recovery from a broken finger or a deep wound. Those victims might need help paying doctor’s bills and staying afloat financially while they must miss work. Unfortunately, they may not know how to hold a dog owner responsible and secure what’s fair in support.
Who Is to Blame for a Dog Bite at a California Christmas Party?
You may be reaching for some Christmas party snacks when a nervous dog clamps down on your hand. Your curious child could be allowed too close to a dog while innocently trying to pet it, only to receive a warning snap and unfortunate injury.
In California, dog owners are usually held accountable for these bite incidents. They fall under “strict liability.” It means that a dog owner is responsible for helping victims of a dog bite, even if the dog has never shown aggressive tendencies before.
In the case of a family party or a friend’s Christmas get-together in Thousand Oaks or any other local city, owners must take responsibility for their pets left to roam freely at a party. The best idea might be to confine a pet to its own room during a Christmas bash. This may be the best course of action, even if the dog has never shown the desire to bite before. Christmas can create stress for pets when they are around people they don’t know.
There are only a few reasons a dog owner may be able to avoid blame for a bite.
What if I was trespassing when I got bitten?
Dog bite victims may not be able to hold a dog owner or homeowner responsible for a bite if they were trespassing at the time. In the case of a holiday party, most everyone there has probably been invited in, so this shouldn’t be an excuse that would let the dog owner off the hook.
What if the victim provoked the dog?
If a victim was physically attacking the dog or attacking the dog’s owner, the dog bite patient may not be able to hold the dog owner responsible. Children playing with a dog or grabbing a dog’s tail wouldn’t usually be considered provoking. A judge would usually consider a young child too small to hold responsible for frightening a dog. It would still be up to the dog owner to make these types of situations impossible by restraining the dog or keeping it in a safe place away from the party.
What if I was injured when a dog knocked me down?
If you are injured by a dog, but no bite occurred, strict liability wouldn’t apply. However, you could still seek compensation under other personal injury laws. A large dog may run by and knock you down to suffer a major fall injury. Your attorney would need to collect evidence to prove the dog and the dog owner’s actions caused the injury.
Is It Okay to File a Dog Bite Claim Against a Family Member?
Yes. You or a loved one will likely need substantial medical care after a serious bite and those costs could cause a financial crisis for your family. But it’s key to remember that your injury claim would be directed at the dog owner’s homeowners or renter’s insurance provider. Your family member or friend wouldn’t be targeted directly.
The dog’s owner will probably whole-heartedly want you to get the healthcare you need to fully recover without facing tens of thousands of dollars in costs for surgery and physical therapy. Instances like dog bites are the reasons homeowners (and pet owners) pay their monthly homeowners insurance bills.
Have a Safe Holiday Season
Christmas, Thanksgiving, and New Year’s are supposed to be times to celebrate and enjoy time with family and friends. But a frightening encounter with a dog can change the holiday outlook in an instant. California holds dog owners responsible, but you may have to get aggressive with insurance adjusters to make sure you receive the full support you’ll need to recover.
If you or a loved one are seriously hurt due to a dog bite, speak to our Thousand Oaks Dog Bite Attorneys. Quirk Accident & Injury Attorneys, APC, offers a free consultation to all Thousand Oaks and Ventura County victims. Contact us to stay informed of the benefits an insurance company won’t tell you about.
If we can help you earn more for your recovery costs, you won’t need any money to hire our dog bite accident attorneys. We don’t get paid unless we win your case for you. Then our fee is paid out of the settlement you receive.