Settlement Obstacles in Dog Bite Cases
Since 2014, the average settlement amount in dog bite cases has nearly doubled. Settlements are especially high in states like California, where victims have multiple legal options. In the Golden State, owners could be liable for dog bite injuries even if they didn’t know their animals were potentially dangerous.
The often gruesome nature of dog bite injuries has propelled settlements higher as well. In 2014, jurors saw a few grainy pictures of dog bite injuries, but they mostly read about them in medical documents. In 2024, sharp, high-resolution photos drive home the serious, and permanent, nature of dog bite injuries.
While the average settlement is much higher, this money is not there for the taking. As outlined below, several legal defenses are available. When a Carlsbad dog bite lawyer builds a dog bite case, a lawyer must take additional time, anticipate these defenses, and be prepared to refute them. Otherwise, the victim must settle for less. That outcome is simply unacceptable to us.
Not Negligent
Frequently, dog bite cases are no-witness cases. If a dog runs at large and attacks someone, the victim may be the only witness. Victims never fabricate stories or intentionally exaggerate them. However, our brains aren’t tape recorders. We remember things selectively. Additionally, severe trauma affects memory. Our brains block traumatic memories to protect us from further brain damage.
The res ipsa loquitur rule comes into play in these cases. Under the doctrine of “the thing speaks for itself,” if negligence usually causes a particular kind of injury, jurors may presume that negligence caused a particular injury.
Another basic negligence defense is more informal. Many dog owners simply don’t seem negligent, especially to pet owner jurors. These jurors often believe that if an owner took reasonable precautions, the owner wasn’t negligent.
A Carlsbad personal injury lawyer often uses the facts to refute this idea. Assume Tony owns a rottweiler and children are playing in his backyard. Tying up the dog may be insufficient. The duty of reasonable care often requires people to go the extra mile to avoid accidents, particularly if the potential victim is physically vulnerable.
Assumption of the Risk
If victims ignore “Beware of Dog” or other warning signs, these victims could be legally responsible for their own injuries. However, a sign isn’t a get-out-of-jail-free card. The insurance company must still prove, by a preponderance of the evidence, that the victim:
- Saw the sign,
- Could read the sign, and
- Was able to understand what the sign meant.
A sign in a backyard doesn’t warn victims who come across the dog while it’s going for a walk. Young children usually cannot read warning signs. LEP (Limited English Proficiency) individuals may be able to read the words, but they may be unable to understand what those words mean.
California is a pure comparative fault state. A victim who ignores a warning sign or is otherwise partially responsible for injury is almost always still entitled to compensation.
This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Provocation
Assumption of the risk is usually a partial defense in dog bite cases. Provocation is usually a complete defense, even in strict liability claims. Owners aren’t responsible for damages when victims provoke dogs.
Many owners claim that victims “provoke” dogs when they move quickly or make loud noises. Such actions don’t meet the legal standard of provocation in California.
Provocation is intentional. You might unintentionally provoke your little sister, but people cannot accidentally provoke dogs, at least in a legal sense. Furthermore, provocation is physical. In fact, in a court of law, provoking a dog basically means torturing a dog.
Once again, the insurance company has the burden of proof to establish these two elements (intentional and physical) by a preponderance of the evidence.
Contact a Diligent San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. We routinely handle matters throughout the Golden State.
Source:
iii.org/article/spotlight-on-dog-bite-liability
