California Dog Bite Claims: Understanding Strict Liability and Your Rights

Imagine taking a leisurely stroll in your neighborhood when suddenly, a dog lunges and bites you. In California, you might be surprised to learn that the dog’s owner is likely liable for your injuries, regardless of whether the dog has ever shown aggression before. This is due to California’s “strict liability” dog bite law. In 2023, California saw 2,104 dog bite claims, totaling $143.3 million in settlements, highlighting the importance of understanding your rights and the legal landscape surrounding dog bite incidents.

What is Strict Liability in California Dog Bite Cases?

California operates under a strict liability statute regarding dog bites, outlined in California Civil Code § 3342. This means that if a dog bites someone, the owner is liable for the damages suffered, even if they took reasonable precautions to prevent the bite or had no reason to believe the dog was dangerous. In essence, responsibility is assigned without the need to prove negligence on the owner’s part.

To establish a claim under strict liability, certain conditions must be met:

Dog Ownership: The defendant must be the owner of the dog.
The Bite Occurred: The injury must be the result of a bite. Note that while strict liability applies to bites, injuries from a dog jumping on someone may be pursued under a negligence theory.
Lawful Location: The bite must occur in a public place or while the victim is lawfully on private property, including the dog owner’s property.

This “strict liability” approach contrasts sharply with the “one-bite rule” followed by some other states. Under the one-bite rule, an owner is only liable if they knew or should have known of their dog’s violent tendencies. California’s law is more victim-friendly, allowing recovery in a broader range of cases.

Exceptions to Strict Liability

While California’s dog bite law is strict, there are exceptions:

Trespassing: If the victim was trespassing on the dog owner’s property, strict liability typically does not apply. However, a claim based on negligence might still be possible.
Provocation: If the victim provoked the dog, this can reduce or eliminate the owner’s liability.
Law Enforcement/Military Dogs: Bites from dogs performing military or police work may be exempt, unless the victim was an innocent bystander.
Assumption of Risk: Certain professions, such as veterinarians or dog groomers, assume a certain level of risk when working with dogs.

What to Do After a Dog Bite in California

If you’ve been bitten by a dog, taking the right steps is crucial to protect your health and legal rights:

Seek Medical Attention: Even if the bite seems minor, seek medical attention immediately. Dog bites can cause serious infections, and a doctor can determine if you need a tetanus shot or other treatment.
Report the Bite: Report the bite to your local animal control agency or health department. This creates a record of the incident and helps ensure the dog is quarantined to check for rabies.
Document Everything: Take photos of your injuries, the location where the attack occurred, and the dog if possible. Gather the dog owner’s contact information and any witness information.
Contact a Dog Bite Lawyer: A California dog bite lawyer can help you understand your rights and navigate the legal process.

Compensation for Dog Bite Injuries

If you’ve been injured by a dog bite, you may be entitled to compensation for a variety of damages, including:

Medical Expenses: This includes the cost of treatment, such as emergency room visits, surgery, and physical therapy.
Lost Wages: If your injuries prevent you from working, you can recover lost income.
Pain and Suffering: You can be compensated for the physical pain and emotional distress caused by the dog bite.
Property Damage: If the dog damaged your personal property, such as clothing, you can recover the cost of repair or replacement.

The average dog bite settlement in California can range from \$30,000 to \$70,000, but this can vary significantly depending on the severity of the injuries and other factors.

Defenses to Dog Bite Claims

Even in a strict liability state like California, dog owners have defenses they can use to avoid or reduce liability. Common defenses include:

Trespassing: As mentioned earlier, if the victim was trespassing, the owner may not be liable under strict liability.
Provocation: If the victim provoked the dog, this can reduce or eliminate the owner’s liability.
Comparative Negligence: California follows a “comparative negligence” rule, meaning that if the victim was partially at fault for the bite, their compensation may be reduced by their percentage of fault.
Lack of Injury: If the victim was not significantly harmed and did not require medical treatment, the owner may argue that they are not liable.

The Importance of Legal Representation

Navigating a dog bite claim can be complex, especially when dealing with insurance companies. An experienced California dog bite lawyer can help you:

Understand Your Rights: A lawyer can explain your rights and options under California law.
Investigate the Incident: A lawyer can investigate the incident, gather evidence, and identify all liable parties.
Negotiate with the Insurance Company: A lawyer can negotiate with the insurance company to reach a fair settlement.
File a Lawsuit: If a fair settlement cannot be reached, a lawyer can file a lawsuit and represent you in court.

Recent Trends in California Dog Bites

It’s important to be aware of recent trends in dog bite incidents. A recent study showed that California saw a 70% increase in emergency room visits for dog bites from 2005 to 2022. Some experts believe that the rising popularity of certain breeds, as well as the increase in “COVID puppies” who were not properly socialized, may be contributing to this increase.

Conclusion

California’s strict liability dog bite law provides important protections for victims of dog attacks. Understanding your rights and taking the right steps after a bite can help you recover the compensation you deserve. If you or a loved one has been injured by a dog, consulting with an experienced California dog bite lawyer is essential to protect your interests.