Accused of Trespassing: Legal Actions to Take After Suffering a Dog Bite
Millions of people across the nation have dogs as pets and although California has strict liability laws when it comes to dog bites, the laws do not protect those who are trespassing. This article will cover California’s strict liability laws concerning dog bites and what you should do if you are being accused of trespassing after suffering a dog bite.
State of California Civil Code §3342
Under California Civil Code Section 3342, dog bite victims can seek compensatory relief if they have been attacked in a public space or were otherwise legally in a private place. Individuals who are legally within the premises are usually there by means of expressed and/or implied invitation on behalf of the owner.
It should be noted that California laws are subject to modification and change. If you are unsure if you could be covered by this statute, seek the legal expertise of a proficient attorney who has the background necessary to handle personal injury claims involving dog bites. A dog bite injury can commonly result in costly medical expenses; a skilled attorney can help you obtain financial compensation that could ease the financial burdens.
Seeking Damages After Being Accused of Trespassing
A dog bite victim who was trespassing at the time of the dog attack will likely have legal challenges when seeking financial restitution. Those who were trespassing, however, can still seek restitution and have the possibility of collecting damages if a case is filed under the contention of negligence.
In order to obtain financial restitution under premise of negligence, the victim will need to establish the following:
- That the accused owed the victim a duty of care;
- That the accused breached the duty through negligence; and
- That the accused’s negligence was the primary factor in prompting the injury.
Taking Legal Actions After Being Accused of Trespassing
It is imperative for all dog bite victims to take essential steps of precaution in order to ascertain personal rights. The following are some of the most important steps to take immediately after suffering a dog bite:
- Seek medical treatment – Whether the dog bite was minor or severe, it is important to obtain immediate medical attention. Dog bites have the potential to lead to various health complications and/or infections.
- Document the injury – Documenting the injury is imperative in obtaining financial restitution. Both pictures of the injury and making a detailed note of the events can be helpful.
- Obtain legal support – Legal issues concerning dog bites can be a complex and difficult matter. An attorney with experience can help the victim obtain compensation for the injuries.
Fight For Your Rights
If you are the victim of a dog bite who was accused of trespassing when the incident occured, it is important to seek the legal support of an experienced and qualified attorney. Dog bite injuries can quickly result in costly unforeseen expenses as well as affect the victim’s ability to earn a living. If you were injured as a result of a dog bite, consult a legal professional as soon as possible.
The attorneys at Milligan, Beswick, Levine & Knox LLP are highly skilled in the field of dog bite cases. They are dedicated to helping those who have been injured as a result of negligence obtain financial compensation for their injuries. Personal injury claims in the state are time sensitive; acquire the support of a legal expert as soon as possible.
Stephen Levine, is a Board Certified Specialist in Criminal Defense — an honor achieved by only the top criminal law attorneys in California. Mr. Levine has over 40 years of experience in criminal defense and family law serving Southern California, and is a highly regarded Super Lawyer as well as AV Rated attorney.