Dog Owner Negligence Claims: Bakersfield

If a dog owner fails to take reasonable steps to prevent their dog from causing harm, they can be held liable for injuries caused by their negligence. This includes failing to restrain a dangerous dog, ignoring local leash laws, or failing to warn others about a dog’s aggressive behavior.

We specialize in helping victims of dog attacks file claims against negligent dog owners. Let us help you seek the compensation you deserve for your injuries and hold the dog owner accountable for their irresponsibility.

What Constitutes Dog Owner Negligence?

Understanding Dog Owner Liability in Dog Bite Cases

California Civil Code Section 3342 establishes that dog owners are strictly liable for dog bite injuries if the bite occurs in a public place or on private property where the victim had a legal right to be. This strict liability applies regardless of the dog’s previous behavior or history of aggression.

In California, provocation can be used as a defense by the dog owner to reduce or eliminate liability if it can be demonstrated that the victim’s actions directly provoked the dog to bite. The provocation must be substantial enough to justify the dog’s reaction under the circumstances.

In addition to strict liability, owners may face additional negligence claims if they fail to adhere to local leash laws or do not take reasonable steps to control their dog.

Common Examples of Negligence in Dog Bite Cases:

• Failure to Restrain the Dog: If the dog owner allowed their dog to roam freely without a leash or proper containment, this may be considered negligence, especially in areas with leash laws.
• Ignoring Aggressive Tendencies: If a dog owner was aware of their dog’s aggressive tendencies, including previous bites or threatening behavior, and did not take reasonable precautions such as using a muzzle, securing the dog, or warning others, they can be held liable for any resulting injuries. However, provocation by the victim may limit or eliminate the owner’s liability if it is shown that the dog was provoked into biting.
• Violating Local Leash Laws: Bakersfield enforces leash laws that mandate dogs be on a leash no longer than six feet in most public areas, with specific exceptions for designated off-leash zones. Failing to comply with these regulations can support a claim of negligence in addition to California’s strict liability statute. If a dog owner allows their dog to roam off-leash in restricted areas or fails to adhere to these local leash laws, this can support a claim of negligence in addition to the state’s strict liability rule.
• Failure to Warn: If the dog owner did not warn visitors or others about the dog’s dangerous tendencies—such as failing to post signs or provide verbal warnings—this may also constitute negligence.
• Failure to Secure the Property: If the dog owner failed to secure fencing or gates, allowing the dog to escape and attack someone, they may be held liable for the resulting injuries.

Negligence in dog bite cases can lead to severe injuries, and holding the owner accountable is essential for recovering compensation and preventing future attacks.in severe injuries, and holding the owner accountable is essential for recovering compensation and preventing future attacks.

How to Prove Dog Owner Negligence

Establishing the Dog Owner’s Responsibility for the Attack

To successfully file a dog owner negligence claim, you must demonstrate that the owner’s failure to act responsibly caused the dog bite. The key elements involved include:

1. Duty of Care: In Bakersfield, dog owners have a duty of care to take reasonable steps to prevent their dogs from causing harm to others. This duty includes properly securing the dog on their property and adhering to leash laws when in public areas. To establish causation in a negligence claim, you must show that the dog owner’s failure to fulfill this duty directly resulted in the injuries sustained.
2. Breach of Duty: If the dog owner failed to fulfill their duty by not properly controlling or restraining the dog, they have breached their duty of care.
3. Causation: You must show that the dog owner’s negligence directly led to the dog bite and the resulting injuries. For example, if the dog escaped due to a faulty gate and bit someone, the owner’s failure to secure the gate can be linked to the attack.
4. Damages: You must prove that the dog bite resulted in actual damages, such as medical bills, lost wages, or pain and suffering.

Our legal team will thoroughly investigate your case, gathering evidence such as witness statements, medical records, and local law violations to build a strong claim of negligence against the dog owner.

Common Examples of Dog Owner Negligence

Real-World Scenarios Where Owners Fail to Prevent Dog Attacks

Dog owner negligence can occur in many ways. Some common examples include:

• Unleashed Dogs in Public: The owner allows their dog to run loose in a public park, and the dog bites someone.
• Failure to Secure the Dog on Private Property: A dog owner leaves a gate open or has a broken fence, allowing their dog to escape and attack a passerby.
• Dog Off-Leash in a Leash-Law Area: The owner disregards local leash laws and lets their dog roam freely in a park, leading to an attack.
• Failure to Warn Guests: A dog owner invites someone onto their property without warning them of the dog’s aggressive behavior, resulting in the guest being bitten.
• Allowing a Dangerous Dog to Roam Free: An owner with a known aggressive dog lets the animal out in public without proper control, resulting in an attack.

Each of these scenarios involves a failure on the part of the dog owner to take reasonable precautions to protect others, leading to preventable injuries.e scenarios involves a failure on the part of the dog owner to take reasonable precautions to protect others, leading to preventable injuries.

How We Can Help You File a Dog Owner Negligence Claim

Our Legal Team Will Help You Seek Justice and Compensation

We have extensive experience holding negligent dog owners accountable for the harm they cause. Our team is dedicated to ensuring you receive fair compensation for your injuries and that the negligent dog owner is held responsible. Here’s how we help:

• Investigate the Incident: We will conduct a thorough investigation, gathering evidence such as police reports, witness statements, and any documentation of previous incidents involving the dog.
• Determine Negligence: Our team will analyze the facts of the case to establish how the dog owner’s actions (or lack of action) constituted negligence.
• Negotiate with Insurance Companies: We’ll handle all negotiations with the dog owner’s insurance company to secure a fair settlement that covers your medical bills, lost wages, and pain and suffering.
• Litigate if Necessary: If the insurance company does not offer a fair settlement, we are prepared to take your case to court to ensure that justice is served.

Our goal is to make the legal process as smooth as possible while fighting for the compensation you deserve..

Signs You May Have a Dog Owner Negligence Claim

How to Know if You’re Eligible to File a Negligence Claim

• The Dog Was Not Properly Restrained: If the dog was not properly restrained—such as being unleashed in an area where leash laws apply, escaping through a broken fence, or not being adequately controlled on private property—the owner may be held liable for negligence. Evidence of such failures strengthens the case for holding the owner responsible.
• The Dog Had a History of Aggression: If the dog had a history of biting or displaying aggressive behavior and the owner did not take reasonable measures to prevent harm, such as restraining the dog or using a muzzle, the owner may be held liable for negligence.
• Local Laws Were Violated: If the dog owner violated local leash laws or other regulations, this could strengthen your negligence claim.
• You Were Lawfully on the Property: If you were a guest, visitor, or worker on the dog owner’s property and were bitten without being warned about the dog’s behavior, the owner could be liable.

If these factors apply to your situation, it’s important to consult with an attorney as soon as possible to discuss your legal options.

Frequently Asked Questions

FAQs About Dog Owner Negligence Claims

What if the dog had never bitten anyone before?

Even if the dog has no history of biting, the owner can still be held liable under California’s negligence-based laws if they failed to control the dog, such as by violating leash laws or allowing it to roam freely.

How long do I have to file a negligence claim?

In California, the statute of limitations for filing a negligence claim related to a dog bite is two years from the date of the incident. If the injured party is a minor, the statute may be extended until two years after they turn 18. It’s important to consult with an attorney promptly to ensure compliance with these deadlines.

Can I still file a claim if the owner says the bite was my fault?

Under California’s comparative fault rule, a victim can still file a negligence claim even if their actions partially contributed to the dog bite incident. However, any compensation awarded may be reduced in proportion to the victim’s share of responsibility for the incident.