There are two locations where dog bites occur the most. The first is at a dog’s home, and the other is at a dog park. Although visitors are often victims of dog bites at a dog’s home, delivery personnel are often victims too. Oxnard doesn’t have a dog bite statute, so victims must rely on the California statute. It’s found at section 3342 of the Code of Civil Procedure, and it states in pertinent part as follows: “The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.”
Strict Liability
California’s dog bite statute is a strict liability statute. As per our Oxnard dog bite lawyers, a victim need only prove that he or she was bitten while lawfully in a public or private place and suffered damages as a result of the bite. The only defenses might be that the individual was trespassing or provoking the dog.
Dog Attacks on Delivery Drivers
A delivery driver has a legal right to go on the property of a customer, make a delivery and return to his or her vehicle unmolested. It’s instinctive for a dog to defend territory, food, toys or family. It might even become startled if it’s awakened. A dog might warn a delivery driver to stay off of a property, or it might attack without him or her knowing it was around. Many delivery companies don’t even require their drivers to make deliveries at homes or businesses with intimidating dogs.
Attacks on People at Oxnard Dog Parks
At Springville Park or Arroyo Verde in Oxnard, you’re likely to encounter signs indicating that you’re assuming the risk of injury or property damage. These are for the protection of the parks, and they have no effect on owners of dogs that attack people. California’s strict liability statute still applies. If your dog is attacked and injured by another dog though, section 3342 won’t apply. That’s because dogs are personal property, but you might still be in a position to bring a claim for damage to your property for animal hospital bills or medications.
Common Dog Bite Injuries
When a dog attacks, the resulting injuries can be widely varied. They might range from any of the following:
- Scratches and abrasions.
- Cuts and puncture wounds.
- Avulsion injuries when a dog rips or tears skin and tissue from a person’s body.
- Crush injuries when bites fracture or crush bones.
- Nerve damage from avulsion and crush injuries.
- Infection or rabies.
- Head and facial wounds to children.
- Fatal injuries.
Remember that the strict liability provisions of section 3342 to bites suffered by humans. You might still be able to bring a personal injury claim or lawsuit against the dog’s owner with the law of negligence even if you were knocked down by a dog or injured in another way.
Contact an Oxnard Dog Bite Lawyer Today.
After being injured by a dog bite, get to an urgent care center or emergency room right away for proper care and treatment and follow all instructions. After that, contact the Oxnard dog bite lawyers here at Quirk Accident & Injury Attorneys, APC to arrange for a free consultation and case review. California’s legislature enacted dog bite strict liability for a reason. We want to invoke that statute on your behalf.