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California is a dog-loving state, which is a good thing, assuming dog owners are responsible and keep their pets under their control. However, bites still happen. If you were hurt, it is essential to know who is responsible for dog bites at California beaches and parks.
At MKP Law Group, LLP, our dog bite lawyers in California work with victims to establish liability and build a comprehensive claim. If you were hurt, even at a dog-friendly beach or park, you have rights, and we can help you. Allow us to help you get the help and compensation that you deserve and are entitled to.
Who Is Liable When a Dog Bites Someone in Public in California?
In most situations, the dog owner remains responsible for the dog’s actions and behaviors. Under the California Civil Code, the owner, possessor, or harborer of a dog is responsible for that animal. This includes when the dog is in a public place. The state’s strict liability law makes it possible for victims to seek financial compensation from the owner for their injuries.
Consider the following scenarios and how they may play a role in who is liable for a dog bite:
The Dog Owner
Owners are almost always responsible for their dog’s actions. If the owner takes the dog to a public park, the dog bites someone unprovoked, the owner is responsible, even if it is an off-leash park.
The Person Maintaining the Dog
In situations where a friend of the owner’s takes the dog to the beach and the dog bites, the friend could face some liability. In this situation, the friend could be liable if they acted negligently. For example, the owner tells the friend to keep the dog on a leash, and the friend fails to do so.
The Provider of a Service
If a dog walker takes the pet to an off-leash park, the service provider could be held liable if they fail to keep others safe. For instance, if a Rover-like app’s service provider fails to keep a dog under control despite the owner’s request, both the provider and their company could be held responsible.
California Beaches and Off-Leash Dog Parks
California has many places where you can take pets to run and play. These locations promise “off-leash” access for pets; however, there are limitations to these locations. In all cases, people who are using these public spaces are responsible for ensuring their pet remains controlled and that others at the location are safe.
Some of the most notable public beaches and dog parks with off-leash access include locations such as:
- Rosie’s Dog Beach in Long Beach
- Huntington Dog Beach in Huntington Beach
- Carmel Beach in San Francisco
- Baker Beach in San Francisco
- Runyon Canyon Dog Park in Los Angeles
- Grape Street Park in San Diego
- Maddox Neighborhood Park in San Diego
These locations provide a valuable service to pet owners, as they allow dogs to socialize, get the physical fitness they need, and play. Yet, even in these locations, the owner or person responsible for the dog at the time must maintain the safety of others in the area.
What if a Dog Hurts Another Dog at the Dog Park?
While strict liability for dog bites often focuses on the actions of dogs against people, the reality is that these environments create a high-risk area for dogs to bite other dogs. Owners are responsible for ensuring their dog can handle these interactions and, if not, for keeping their pet on the leash.
California’s strict liability for dog bites applies to bites to other animals as well. The dog that bites is responsible for the injuries and damage caused to the other animal. In these situations, it may be critical to speak to the police at the scene of the accident, as witness statements that show who caused the fight or who provoked it may be critical.
If your dog suffered a bite from another dog, document what occurred, gather witness information, and file a police report. The dog’s owner may be liable for any financial losses you suffer, including medical bills for your pet.
Are Public Parks and Beaches Responsible for Dog Bites?
The primary responsibility for dogs in an off-leash park is on the property owner. You cannot hold the city or the parks department accountable for the losses incurred. Here are several things to know:
- All public parks have posted rules for use. They may not always be obvious, but there are rules.
- Park users and dog owners are meant to understand those rules. By using the facilities, you are automatically agreeing to those rules.
- One of the critical components of these rules is that the dog owner and park users assume all risks related to park use.
There could be situations where the park or city may be liable. For example, if your dog is hurt because the area is not maintained, or a small dog is hurt by a big dog because of a broken fence, you may be able to seek legal action against those at fault. These are challenging cases and require you to act quickly. You will need to report the incident to the public parks division immediately.
Exceptions to California’s Dog Bite Laws
There are some situations in which the dog owner may not be responsible for the actions of their pet. In these situations, a victim may not be able to seek financial compensation from the dog owner.
For example, the owner is not responsible for their dog’s actions if the victim provokes the dog. This may include teasing the dog, harming the owner, or otherwise being aggressive with the dog. In these situations, the dog owner must demonstrate that they provoked the dog, which directly caused the incident.
It’s also important to note that government and police work are exceptions. If a dog is working on behalf of the government, such as a police dog searching an area, and the dog bites you, the owner may not be responsible if you are involved in the event.
What to Do After a Dog Bite in a Public Beach or Park in California
In situations where you are hurt due to the actions of a dog, what you do next can prove to be critical. There are several things to do when it is safe for you to do so:
- Seek safety first. If the dog is still in the area and aggressively pursuing you, call 911 and request immediate help.
- Take photos of the dog, the surrounding area, and your wounds. This is an important type of evidence that could help you build your case later. Take any photos that demonstrate what occurred.
- Witness statements can prove to be critical in these cases. If there are any people in the area at the time of the accident, request their name and that they provide a statement to the police.
- Get medical care right away. Don’t put off getting medical care, as that can make it more challenging for you to demonstrate that your injuries were severe and directly caused by the dog bite.
- Consult an attorney right away. If you have serious injuries from medical bills and lost wages, a dog bite lawyer in California will have the resources to help you demonstrate what happened and who is at fault.
These steps protect you and your rights to fair compensation. Keep in mind that the burden of proof, including the requirement to demonstrate the dog hurt you without provocation, is on your shoulders.
How Our Dog Bite Lawyer in California Will Help You
There are several ways our legal team will help you after an incident like this.
- We gather information from you about what occurred. This information allows our attorneys to begin working on gathering evidence.
- A full investigation will provide insight into what occurred. If there is a dispute about fault, we may use police reports, videos, and accident reconstruction to demonstrate what occurred.
- Build your claim and negotiate with the insurance company. In most situations, we will be able to get them to settle your claim and award you compensation for your losses.
Do not assume this process will be simple. In a public area like an off-leash park, dog owners may think they do not have any responsibility. That is simply not the case, and an experienced dog bite lawyer in California will be able to explain the law to you as a dog bite victim.
Schedule a Free Consultation with Our Dog Bite Lawyer in California Now
If you were hurt in an accident, you should hire an attorney. A dog bite lawyer in California will help you demonstrate who is liable for dog bites at public parks and beaches.
Contact MKP Law Group, LLP today to learn more about your rights. Work with our team today to find out the damages you can recover in your case and ensure that you do not miss the deadline to file a claim.
