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What would lead to your dog bite claim being denied or reduced?

On Behalf of | Nov 14, 2022 | Animal Bite Law

Dog owners have a duty to ensure that their animals do not threaten public safety. If you are a victim of a dog attack, you may be eligible for compensation through a premises liability lawsuit. 

Here are three instances when your premises liability claim can be denied or reduced in California. 

Your actions lead to the attack

Dogs are generally friendly animals. However, these pets can become aggressive and attack when provoked or threatened. If you hit the dog, trap it in a small space, startle or step on its tail, it might feel threatened or anxious. 

If this leads to an attack, the court might find you partly or wholly to blame for provoking the animal. Under California’s pure comparative negligence laws, your damages might be reduced or denied.

You were trespassing on the property

Whereas dog owners have a duty to ensure that their animals do not threaten public safety, it is important to understand that this duty of care does not always extend to everyone. 

If you were trespassing into the property or were committing a burglary when the attack happened, then your claim may certainly be denied. 

You failed to file your claim in time

There is a time limit within which you must bring a lawsuit against the defendant. This is referred to as the statute of limitations. Dog bite claims fall under personal injury lawsuits. And in California, this means that you have two years from the date of the attack to sue the dog owner. 

An aggressive dog can cause injury when they are properly restrained. Find out how you can hold the dog owner accountable if you are attacked by their pet.