Dog Bite Injuries
Most states require that the owner of a dog must keep it either confined within the owner’s premises or firmly secured by means of a collar and chain. A violation of this law resulting in a dog bite is strong evidence of negligence. If you are a victim of a dog bite, you are most likely able to pursue a personal injury lawsuit against the owner. Most of the time, homeowners’ insurance will handle the case.
However, some states have a one-bite rule, which means that the owner cannot get sued if it is the dog’s first bite. In order to bring up a personal injury lawsuit against the owner, you will have to prove that the dog has bitten another person before or at the very least, shown vicious propensities through fierce behavior in order to prevail in a dog bite case. In other states, this rule has been abolished. The plaintiff is no longer required to prove that the dog showed vicious behavior prior to the attack. Essentially, you would simply have to prove that the dog owner was careless in confining or handling the dog and that this has led to the attack. California is one of the states that no longer uphold the one bite rule. If a dog has bitten you, regardless of his prior behavior, the owner can still be liable.