The owner is usually at fault for a dog bite attack if their dog bites an individual. Additionally, under the premise liability claim, the restaurant owner may also share liability if the incident occurs within their premises.
If you experience a dog bite attack in a restaurant, this article will help you understand the steps to protect your rights and maximize your settlement in such a case.
Why Do Dog Bite Attacks Occur in Restaurants?
Restaurants are a key driver of the California economy. The food service industry produces millions of jobs, fosters professional progression, and plays a critical role across the state. According to the National Restaurant Association, there were 83,501 dining and beverage places in the state in 2022 alone.
As society progresses, restaurants acknowledge the existence of human-pet company, allowing owners to bring their pets to their premises. According to West’s Annotated California Health & Safety Code § 114259.5, if permitted by the restaurant owner, dogs are allowed in outdoor dining spaces under specific conditions, including:
- A distinct outdoor entrance
- Employees washing hands after handling dogs
- Dogs being leashed and supervised
- Proper disposal of pet waste
- Provision of food and water for dogs in disposable, single-use containers
While pets, such as dogs, are generally allowed in restaurants, the risk of dog attacks still exists. It is crucial for dog owners to understand and acknowledge this when bringing their pets to public areas, such as restaurants.
- Absence of Regulation: Few laws prohibit dogs at dining establishments. This may result in circumstances where owners of violent or badly behaved dogs can’t effectively manage them, raising the risk of a dog bite attack.
- Provocation: Dogs may become irritated or defensive in unfamiliar or crowded settings, like packed restaurants. Strange smells, loud noises, and crowded areas can agitate dogs, resulting in aggressive behavior and possibly even dog attack incidents.
- Untrained or Unsocialized Dogs: Some dog owners are unaware of how their pets will behave in such settings, so they bring their untrained or unsocialized dogs into restaurants. Untrained or improperly socialized dogs may be more prone to act aggressively toward outsiders or other canines.
- Inadequate Supervision: Sometimes, restaurant employees aren’t always watchful of how dogs behave on the property, especially when they’re sitting outside. Without adequate monitoring, hostile dogs can run amok and endanger other customers.
If you are unsure how your dog will react in crowded situations, it is best to leave it at home or in other areas with supervision. Avoid bringing pets to restaurants if your dog can become aggressive and hostile.
What to Do When a Dog Attacks You in a Restaurant
Experiencing a dog bite attack in a restaurant may be overwhelming. Fortunately, the following steps can help you ensure your safety and protect your legal rights in case of a dog bite accident claim.
- Stay Calm: Remain calm and avoid reacting aggressively, as this can make the dog more hostile.
- Clean the Injury: Apply light pressure to stop any slight bleeding. Use a sterile gauze pad or clean cloth. Then, cleanse the wound thoroughly with soap and warm water.
- Seek Medical Attention: When a dog attacks you, get medical help immediately. Bite injuries, no matter how small at first, can cause infections or other medical issues.
- Report the Incident: Inform the restaurant’s management or employees right away. They may have procedures for dealing with such circumstances and need to be informed about the incident.
- Document Evidence: If you can, take pictures of the dog, the attack scene, and your injuries. You may also obtain the contact details of any witnesses who observed the incident.
- File a Report: Notify the local law enforcement or animal control agency about the accident. They can investigate and take the necessary steps to prevent such occurrences.
- Seek Legal Advice: Speak with a California dog bite accident lawyer who can provide information about your legal alternatives, possible compensation, and rights.
Can I File a Claim for a Dog Bite Accident in California?
If a dog attacks in California, you can file a claim against the dog’s owner to seek compensation for your injuries. According to California Civil Code 3342, dog owners are liable for damages if their dog bites someone, whether on public or private property.
To successfully pursue a claim for a dog bite, you need to demonstrate the owner’s negligence by establishing several vital points:
- The owner had a duty to control the dog’s behavior and actions.
- They failed to fulfill this duty.
- This failure led to the dog bite incident.
- As a result, you suffered injuries and other damages.
You must assess various factors when considering a dog bite claim to determine who is liable for the incident. In some cases, other parties may also bear responsibility for the dog bite.
Is a Restaurant Owner Negligent if a Dog Bite Occurs on Their Premises?
Under premise liability, restaurant operators are responsible for keeping their customers safe. Part of that duty is implementing reasonable safety measures to prevent potential dangers, such as dog bite attacks.
This means that in addition to the dog owner, you may file a claim against the restaurant owner if their actions contributed to the incident. They are considered negligent under premises liability laws if they should have known or knew there was a hazardous dog on the property and did not take the necessary precautions to reduce the risk.
For example, a restaurant employee knew a customer’s unrestrained dog might be aggressive because of how it reacted when they first came. Despite this, they permitted the owner and their pet to walk freely in the dining area. Unfortunately, the dog attacked a child who tried playing with it. In this case, the dog owner and restaurant operator are liable for the incident.
When handling a dog bite claim against companies, a California dog bite accident lawyer can help you gather evidence to prove their negligence, making them liable for the damages you sustained.
Lawyer’s Tip: If the restaurant owner prohibits it, you do not have the right to take your dog to the outdoor area. The decision about whether or not dogs are allowed at the restaurant rests with the owner and operator. This is why they may be liable if they allow a dog to stay on the premises despite apparent hazards.
Can I File Two Personal Injury Claims Simultaneously?
You can file several personal injury claims simultaneously if multiple parties are liable for the incident. However, submitting many claims at the same time resulting from one incident could lead to interactions between them, such as exchanging evidence or engaging in discussions.
Hiring an experienced California dog bite accident lawyer who can gather evidence for both cases and fight vigorously to maximize your payout is best. They can help you handle your claims while you focus on your recovery.
Do I Need a California Dog Bite Accident Lawyer to Protect My Rights?
While you generally have the right to file a claim, personal injury cases can be challenging, especially if multiple parties are involved. How can you collect evidence per case if you need to focus on your recovery from the dog bite injury?
A California dog bite accident lawyer can investigate your accident’s circumstances and establish the owner’s responsibility. They can accomplish this by fulfilling the following responsibilities:
- Gathering sufficient evidence to substantiate your dog bite claim.
- Establishing the owner’s liability for the incident.
- Assessing the total extent of the damages incurred.
- Engaging in communication with the insurance company on your behalf.
- Representing your interests in court proceedings if required.
At The Law Offices of Larry H. Parker, our seasoned personal injury attorneys have the knowledge and experience to handle dog bite claims effectively. Suppose you experience a dog bite attack in a public space. In that case, we are prepared to examine the details of your case, establish liability, and advocate for the maximum compensation you are entitled to receive.
Contact our office at 800-333-0000 to arrange a free legal consultation and explore your legal options further.
What Our Clients Say About Us
While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California car accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“Minor traffic cases handled efficiently…everything took place just as described by your representative. Simple and straightforward.” -Kevin Appleton
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- A California Dog Owner is Responsible if Their Dog Bites Someone – Except in These Specific Situations
- How to Handle a Dog Bite Injury When the Dog’s Owner is a Close Friend
- What You Should Do After Being Victim to a Dog Bite Attack in California
- How to Protect Your Legal Interests if You Are Bitten by an Emotional Support Dog
Works Cited
“CALIFORNIA.” National Restaurant Association. Accessed 16 May 2024.
“CA – Restaurant – § 114259.5. Live animals.” Animal Legal & Historical Center. Accessed 16 May 2024.
“LA County Department of Public Health.” LA County Department of Public Health. Accessed 16 May 2024.
