Usually, the dog owner is liable for an injury if the dog attacks another individual. However, sometimes, they may be free of liability if the injured victim is a trespasser. Note that this still depends on the specifics of a dog bite accident.
In this article, you will understand liability in a dog bite accident involving trespassers and how to defend your rights if you are involved in one.
What Constitutes as Trespassing?
Entering another person’s property without their consent or authorization is known as trespassing. This can involve entering property, structures, or other locations without permission from the owner. Generally, there are two types of trespassers, and differences between the two set distinct limitations, especially in liability.
- Discovered Trespasser: A discovered trespasser enters the property without authorization and makes the owner or occupant aware of their presence. A property owner’s obligation is limited to exercising reasonable care if they are aware of trespassers frequently entering a specific area of their property, where the owner either conducts hazardous activities or has created an artificial condition that they know is risky and unlikely to be noticed or understood by the trespassers.
- Undiscovered Trespasser: An undiscovered trespasser enters the property without the owner’s knowledge or consent. Property owners have a lower responsibility of care to undiscovered trespassers than to discovered trespassers. Generally, property owners are not accountable for injuries incurred by unknown trespassers unless they commit willful or wanton wrongdoing, such as creating traps or purposefully causing harm.
Property owners must take reasonable precautions to protect trespassers from injury in both circumstances. Still, the scope of their duty and liability vary depending on whether the trespasser is discovered or not.
What Does the California Law Say About Trespassing?
According to Penal Code § 602, criminal trespassing is entering or remaining on another person’s property without permission or legal right. Trespassing violations in California can be charged as a felony, misdemeanor, or non-criminal infraction.
If charged as a misdemeanor, trespassing can result in several legal consequences, such as:
- Custody in a county jail for up to six months,
- Fines up to $1,000.
However, depending on the facts of the case, the court may also set it as a felony, especially if the trespasser intentionally threatens or harms another individual while entering the property.
Is a Dog Owner Liable If Their Dog Attacks a Trespasser?
The dog owner may be liable for the victim’s injuries if a dog attacks an individual on public and private premises. As per California Civil Code 3342, dog owners can be held responsible for damages if their dog bites someone on public or private property.
To succeed in a dog bite claim, you need to establish the owner’s negligence through several key points:
- The owner had a duty to control the dog’s behavior.
- They failed to fulfill this duty.
- This failure led to the dog bite incident.
- The incident resulted in injuries and other damages.
Determining liability in a dog bite case involves considering various factors, as there may be instances where other parties bear responsibility for the incident.
When Is a Dog Owner Liable for a Dog Bite?
A dog owner is generally liable for a victim’s injuries if their dog attacks them on private property. Several instances make a dog owner accountable for a dog bite accident:
- Suppose an individual is lawfully permitted onto the owner’s property, and their dog bites that person. The owner owes them the highest level of care. This means that the dog owner is in charge of ensuring the premises’ safety, which includes inspecting for any hazards and informing the invitee of any threats. In such cases, the owner is solely responsible for any harm caused by the dog bite.
- If a dog attacks a licensee, the property owner may still be liable for the injuries if they were aware of the concern but did not handle it. However, the level of duty of care required of a licensee is often lower than that of an invitee because property owners are not obligated to perform. Examples of licensees are friends and family.
Lawyer’s Tip: Injured victims can file an accident claim even if they are partly liable for an incident. In such cases, contact a California personal injury lawyer who can protect your legal rights.
When Is a Dog Owner FREE of Liability?
Trespassers lack authorization to access private property. If a dog attacks a trespasser, the property or dog owner bears no liability for damages. Nonetheless, certain exceptions exist to this principle.
However, the property owner may be held accountable for a trespasser’s dog bite injuries in the following situations:
- If the trespasser is a minor aged 16 or younger.
- If the trespasser habitually enters the property without permission, such as using it as a shortcut to reach a particular destination.
For instance, commuters generally use a specific property to go to work. When they use private property, the owner should ensure that a sign alerting trespassers of their dog is posted within the area since commuters habitually enter their premises.
If you are injured in a dog bite accident, there are several factors to consider before you have the right to compensation. It is crucial to contact a dog bite accident lawyer who can assess the facts of the situation and determine if you are eligible for a settlement for your injuries.
Will a Dog Be Euthanized for Biting a Trespasser in California?
In California, a dog may need to be euthanized following a dog bite incident in certain circumstances, such as:
- If the dog has been confirmed to have rabies.
- If it has bitten two or more people.
- If it has inflicted severe injuries on a person while exhibiting aggressive or fighting tendencies.
However, unless the dog is found to be rabid, a formal hearing is required before euthanasia. This hearing is held to determine if the dog constitutes a risk to public safety. During the hearing, the dog owner may present evidence in defense of their pet. If the court finds that the dog threatens public safety, they may need to be euthanized.
When Is a Dog Considered a Threat to Public Safety?
A dog is deemed a threat to public safety if it demonstrates aggressive behavior that endangers people or property. A dog is potentially seen as dangerous under the following circumstances:
- They were involved in at least two dog bite accidents over a three-year period in which people had to protect themselves from the dog’s unwarranted attack.
- The dog bit someone without provocation, causing minor injuries.
- Within three years, the dog injured or killed at least two domestic animals without being provoked.
Meanwhile, dogs may be labeled as aggressive and potentially euthanized if:
- The dog killed a person or inflicted severe injury aggressively and without provocation.
- A court may consider a dog potentially dangerous if its owner fails to follow mandatory limits or if the dog repeats the behavior that resulted in the “potentially dangerous” categorization.
While it is not necessary to euthanize a dog after a dog bite accident, the court may impose this if the dog is considered a hazard to public safety.
How Can a Dog Bite Accident Lawyer Help Me?
While it may seem like a minor accident, dog bite injuries can result in catastrophic injuries and even death, especially if the dog has rabies. This is why victims can file a personal injury claim to receive compensation for the damages if a dog attacks them.
However, several factors influence your right to file a dog bite accident claim. For instance, a dog attacks your son when he enters a private property to get his ball thrown off the area. During the legal process, the dog owner insists that your child is considered a trespasser. How can you defend your case?
A dog bite accident lawyer knows the intricacies of a dog bite accident, which can help defend your claim. In such an instance, they can insist that your child is a minor and an undiscovered trespasser, making them liable for the damages.
A dog bite attorney can also do the following to protect your claim successfully:
- Gather evidence to justify your case.
- Prove the liability of the dog owner.
- Meet all legal deadlines.
- Calculate the total damages.
- Negotiate on your behalf.
- Bring your case to court if necessary.
Why Choose Dog Bite Attorneys from Jacoby & Meyers
Several California legal firms assist individuals seeking compensation for dog bite accidents. However, Jacoby & Meyers stands out by offering an unparalleled legal process dedicated to protecting your rights, making us the preferred choice for accident victims.
Since 1972, Jacoby & Meyers has unwaveringly defended the legal rights of individuals involved in dog bite accidents and secured substantial settlements. Our proven track record, surpassing $2 billion in settlements, highlights our dedication to our clients.
If you sustained injuries in a California dog attack accident, Jacoby & Meyers is here to help. We provide complimentary consultations for injury victims and operate on a contingency fee basis.
Jacoby and Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
Instead of relying only on our guarantees, hear what satisfied customers say about our services.
“I am so grateful for the attentiveness, professionalism, and care that Laura Preciado has given to our case.
My family and I were in a car accident a few months ago, and we were at a loss for what we should do next. I am so happy we decided to contact Jacoby and Meyers. Laura happily answered all our questions and walked us through the process. She checked in on us weekly and was happy to get on a call if we needed anything.
Thank you, Laura and team, for all you do!” – Rosa T.
Frequently Asked Questions
Do you have further questions regarding personal injury claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- How Does the Burden of Proof Work in Personal Injury Claims in California?
- How Do I Include Lost Wages in My Personal Injury Claim?
- How to Find the Best Personal Injury Lawyer
- My Personal Injury Settlement Check is Late; How Long Will It Take?
Works Cited
Bieber, Christy. “California Dog Bite Laws 2024 Guide – Forbes Advisor.” Forbes, 3 February 2023, https://www.forbes.com/advisor/legal/personal-injury/california-dog-bite-law/. Accessed 17 April 2024.
“California Civil Code 3342.” California Legislative Information, https://casetext.com/statute/california-codes/california-civil-code/division-4-general-provisions/part-1-relief/title-2-compensatory-relief/chapter-2-measure-of-damages/article-2-damages-for-wrongs/section-3342-liability-for-dog-bite-in-public-place/analys. Accessed 17 April 2024.
“Penal Code § 602.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=602. Accessed 17 April 2024.
“trespass | Wex | US Law | LII / Legal Information Institute.” Legal Information Institute, https://www.law.cornell.edu/wex/trespass. Accessed 17 April 2024.