California Dog Bite Laws Involving Children
In California, the owner of a dog is responsible for damages caused by dog bites, even if the dog has no history of violence. A few exceptions to this rule exist when it comes to trespassing on private property or provocation of the animal. However, there are further laws that dictate matters when a child is involved.
When a Child Is Bitten by a Dog
First of all, age is an important factor. Children under the age of five do not have the capacity to understand that hurting a dog can cause it to defend itself. Legally, provocation is the equivalent of negligence, and a child that young cannot be declared negligent. Therefore, the owner is still at fault.
Also, any minor who is following the express instructions of his or her parents cannot be considered negligent in behavior. Therefore, a minor who is bitten by a dog while following parental instructions cannot be considered to be provoking the animal.
Another factor that comes into play is when a dog bites a child who is at daycare. Now the matter becomes a case of negligence against the defendant. Even in some cases where the daycare owners required parents to sign a release, the daycare was still held accountable for the bite.
If Your Child Has Been Attacked by a Dog
The Petrov Law Firm has a great deal of experience when it comes to dog bite law in California. We are willing to offer a free consultation if you or a loved one have become a victim of such an unfortunate experience. In addition, we may be able to recommend a medical professional who can offer appropriate dog bite care.