Dog Bite Liability: Understanding Your Rights in California

Each year, millions of people in the United States are bitten by dogs, with California consistently ranking among the states with the highest number of dog bite claims. In 2023, California saw over 2,100 insurance claims related to dog bites. If you or a loved one has experienced a dog bite in California, understanding your rights and the dog bite laws in place is crucial. This guide provides a comprehensive overview of dog bite liability in California, offering insights into your legal options and how to navigate the claims process.

Strict Liability in California Dog Bite Cases

California operates under a “strict liability” rule when it comes to dog bites, as outlined in California Civil Code § 3342. This means that a dog owner is held financially responsible for damages if their dog bites someone, regardless of the dog’s past behavior or whether the owner knew the dog could be dangerous. In essence, the victim doesn’t need to prove the owner was negligent.

Key elements of California’s strict liability law:

The dog bite must occur in a public place or lawfully on private property, including the dog owner’s property.
The injured person must be legally present at the location where the bite occurred.
The law applies whether or not the dog has bitten someone in the past.
The owner’s knowledge of the dog’s potential to bite is not a factor.

This strict liability standard significantly benefits dog bite victims in California, making it easier to pursue a claim for damages.

What if There Was No Bite?

California dog bite law stipulates that an injury must be caused by the action of a dog bite. However, the skin does not have to be broken for the owner to be held liable. For example, a dog owner is still liable if the attack victim is bruised or suffered nerve damage even without puncture wounds.

Where non-bite injuries occur after a dog jumps on or knocks someone over, the dog owner isn’t responsible under strict liability but may be responsible under other dog bite law theories of recovery, such as negligence.

Exceptions to Strict Liability

While California’s strict liability law is comprehensive, there are exceptions where an owner’s liability may be limited or negated:

Trespassing: If the bite occurs on private property and the victim was trespassing or unlawfully present, the owner may not be liable.
Provocation: If the dog was provoked, teased, or tormented by the victim, leading to the bite, the owner’s liability may be reduced or eliminated.
Military or Police Dogs: Bites inflicted by military or police dogs while performing their official duties under specific legal conditions may be exempt from strict liability.
Assumption of Risk: In certain situations, such as when a veterinarian or dog groomer is bitten while treating a dog, the “assumption of risk” doctrine may apply, limiting the owner’s liability. This defense starts upon consent or treatment.

Other Avenues for Establishing Liability

Even if strict liability doesn’t apply, there are other ways to hold a dog owner responsible for injuries caused by their dog:

Negligence: If a dog causes injury without biting, such as by knocking someone over, the owner may be liable if they were negligent in controlling the dog.
“Scienter” or Knowledge of Vicious Propensity: An owner can be held liable if they knew their dog was vicious or dangerous and failed to take reasonable steps to prevent the injury.

Who Can Be Held Liable?

While the dog owner is typically the primary defendant in a dog bite case, other parties may also be held liable in certain circumstances:

Property Owners or Landlords: If a dog bite occurs on rented property, the landlord or property owner may be liable if they knew of the dog’s dangerous tendencies and failed to take action.
Caretakers or Keepers: Individuals responsible for the dog’s care, such as dog walkers or pet sitters, may be liable if their negligence led to the bite.
Negligent Third Parties: Third parties, such as property managers or security companies, may be liable if their actions contributed to the incident.

Compensation for Dog Bite Injuries

Victims of dog bites in California may be entitled to various forms of compensation to address the injury’s consequences:

Medical Expenses: Costs associated with emergency room visits, surgeries, follow-up appointments, physical therapy, and future medical care.
Lost Income: Reimbursement for wages lost due to time off work for recovery and treatment.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
Emotional Distress: Damages for psychological harm, including conditions like PTSD, anxiety, and emotional trauma.
Scarring and Disfigurement: Additional compensation for permanent scars or disfigurement resulting from the attack.
Property Damage: Reimbursement if personal property was damaged during the incident.

The average dog bite settlement in California was $68,125, based on 2023 and 2022 data. However, settlement amounts vary widely depending on the severity of the injuries, medical costs, and other factors.

Insurance Coverage for Dog Bites

Dog bite claims are typically covered by the dog owner’s homeowner’s or renter’s insurance policy. Most policies will pay claims up to the policy limits, which can range from $100,000 to $300,000. However, some insurance companies have breed restrictions or may exclude dogs with a history of biting.

Defenses in Dog Bite Cases

In a dog bite case, the defense will likely attempt to minimize the dog owner’s liability and the compensation you receive. Some common defense strategies include:

Challenging the severity of your injuries or the causal link between the bite and your damages.
Arguing that you were partially responsible for the incident due to your own actions or negligence.
Claiming that the dog owner had no prior knowledge of the dog’s dangerous propensities.
Disputing the extent of your medical expenses or lost wages.

Steps to Take After a Dog Bite

Taking the right steps immediately following a dog bite can help protect your health, preserve evidence, and strengthen your claim:

Seek Medical Attention: Prioritize your health and seek medical attention, even for minor-looking bites.
Report the Incident: Notify your local animal control agency or police department about the incident.
Identify the Dog and Its Owner: Gather as much information as possible about the dog and its owner.
Document Your Injuries: Take photos of your injuries and keep a record of your medical treatment.
Contact an Attorney: Consult with a California dog bite attorney to discuss your legal options.

Statute of Limitations

In California, the statute of limitations for filing a dog bite claim is two years from the date of the bite. It’s crucial to consult with an attorney as soon as possible after an attack to ensure your claim is filed within the deadline.

Children and Dog Bites

Children are, unfortunately, the most at-risk group for dog bites. In a study of dog bite fatalities between 2015 and 2019, children aged 0–10 comprised 36% of victims.

Conclusion

Understanding your rights and the complexities of California’s dog bite laws is essential if you or someone you know has been injured by a dog. By taking the necessary steps to document the incident, seek medical attention, and consult with an experienced attorney, you can protect your interests and pursue the compensation you deserve.