In most instances of dog bites in California, the dog's owner is held liable. However, in an attempt to avoid liability, and the financial penalties that go along with it, many owners will attempt to deny liability through various methods. Often, these methods will include accusing the victim of provoking the attack, or proving that the dog has never bitten anyone else if the incident happened in a state that uses the "one bite" criteria as law. In states that use the "one bite" law, the victim must prove that the dog has previously bitten someone else. Fortunately, this is not a legal loophole through which Californians have to jump.
If an investigation is necessary, a dog bite attorney can help you locate the best people for evidence to support your case. Someone who is experienced in litigating dog bite cases in California will know the proper avenues to go through for questioning potential witnesses. Any evidence that supports your claim will be beneficial, and anyone who has had experience with the dog could help provide that evidence.
Your dog bite attorney will most likely want to speak with people who have interacted with the dog from its birth. This will include (but will not be limited to) the breeder of the dog, the dog's veterinarian, the kennel or boarding facility where the dog might have been kept, neighbors, delivery truck drivers who have delivered packages to the dog owner's address, and utility workers who might have come into contact with the dog at some point.
Even within the state of California, any evidence gained by your attorney to prove that the dog has attacked another person will help your case in court. Often, victims of dog attacks do not report the incident to animal control or the police department, and careful investigation might be necessary to uncover information about the true disposition of the dog. The "one bite" rule that many states use in litigation is not always fair; the dog could have well bitten someone else previously, without a paper trail as proof of the incident.
You will want to have documented proof as the result of an investigation. Such documents could include complaints to homeowners associations, police reports, animal control reports, or animal behaviorists' records. Additionally, you will want to have copies of any previous files or paperwork relating to previous litigation, or menacing dog petitions. A qualified California dog bite attorney will be able to locate and acquire this information for you to help you fully prepare for your lawsuit.
With California dog bite laws constantly changing, and dog bite litigation in any state often resulting in complicated cases that require in-depth investigation, a dog bite attorney will be your best resource in compiling the information you'll need in court. The more prepared you are in proving that the dog bite incident was not an isolated one, the better your chances are in winning your case. A dog bite attorney who is highly skilled in trying dog bite cases in California will know the steps to take to solidify your case before you bring it to court.
Author Resource:-
John Bisnar is a partner at Personal Injury Law Firm Bisnar Chase. The Bisnar Chase law firm has dedicated their practice to victims of serious injury due to negligence and malpractice.
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