Can You Sue a Relative for a Dog Bite? California Law and Family Matters

It can be emotionally challenging when a dog bite occurs within a family. The immediate concerns for medical care and potential legal ramifications are often complicated by the existing family dynamics. In California, the law is clear: you have rights, even if the dog that bit you belongs to a relative. According to the CDC, over 4.5 million people in the U.S. are bitten by dogs each year. This blog post explores the legal landscape in California regarding dog bites, specifically focusing on incidents involving family members.

Understanding California’s Strict Liability Dog Bite Law

California operates under a “strict liability” statute regarding dog bites, as outlined in California Civil Code § 3342. This means that the dog owner is responsible for the damages their dog inflicts, regardless of the dog’s history or the owner’s knowledge of any aggressive tendencies [2, 4, 5].

Key aspects of this law include:

Liability: The owner is liable if their dog bites someone in a public place or lawfully on private property, including the owner’s property [3, 6].
No “One Bite” Rule: California does not follow the “one bite rule,” meaning the owner is liable even if the dog has never bitten anyone before [4, 5, 22].
Exceptions: There are exceptions to the strict liability rule, such as when the victim was trespassing, provoked the dog, or was injured while performing a paid service [4, 7].

Can You Sue a Relative?

Yes, in California, you can sue a relative for a dog bite. The strict liability law applies regardless of the relationship between the victim and the dog owner [13, 22]. This means that even if the dog belongs to your spouse, parent, sibling, or other relative, you still have the right to pursue compensation for your injuries [13].

Important Considerations:

Homeowner’s Insurance: In most cases, compensation comes from the dog owner’s homeowner’s or renter’s insurance policy, not directly from the family member’s personal assets [3, 13, 14].
Emotional Impact: Pursuing a claim against a relative can be emotionally difficult. It’s essential to consider the potential impact on family relationships [13].
Legal Rights: It’s also important to remember that you have a right to medical care and compensation for your injuries [8, 13]. Failing to pursue a claim could leave you responsible for significant medical bills and other expenses.

What to Do After a Dog Bite Involving a Relative

If you or a loved one has been bitten by a dog belonging to a relative, it’s crucial to take the following steps to protect your health and legal rights [10, 13]:

Seek Medical Attention: Get immediate medical care, even if the bite seems minor. Dog bites can cause serious infections, nerve damage, and scarring [3, 13].
Report the Bite: Report the bite to local animal control or public health department. This creates an official record of the incident [10, 13].
Gather Information: Collect information about the dog, including its breed, vaccination history, and any previous bite history. Also, get the owner’s contact information and insurance details [3, 10].
Document Everything: Take photos of your injuries, the scene where the bite occurred, and any torn clothing or property damage [10, 13].
Contact an Attorney: Consult with a personal injury attorney experienced in dog bite cases. An attorney can advise you on your legal options and help you navigate the claims process [8, 13].

Understanding Potential Damages

If you’ve been bitten by a relative’s dog, you may be entitled to compensation for various damages, including [2, 4, 8, 17]:

Medical Expenses: This includes costs associated with emergency room visits, surgeries, follow-up appointments, physical therapy, and any necessary future medical care [2, 4].
Lost Wages: You can recover lost income if you cannot work due to your injuries [2, 8].
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury [3, 4, 8].
Emotional Distress: Damages for psychological harm, including conditions such as PTSD, anxiety, and fear of dogs [4, 8, 9, 12, 15].
Property Damage: Reimbursement for any damaged clothing or personal property [17].

Addressing Emotional Distress

Dog bites can result in significant emotional trauma, including anxiety, fear of dogs (cynophobia), and post-traumatic stress disorder (PTSD) [8, 9, 12, 15]. California law recognizes emotional harm as a compensable form of damage [9, 12].

Proving Emotional Distress:

To successfully claim emotional distress, you generally need to demonstrate [9]:

Proximate Cause: The dog attack was the primary cause of the emotional distress.
Significant Impact: The distress is severe enough to affect your daily life.

Evidence that can support your claim includes [9]:

Documentation: Keep a record of your feelings and reactions after the attack.
Professional Help: Seek professional mental health care and document your treatment.
Behavioral Changes: Keep track of any changes in your behavior or daily activities.
Witness Statements: Gather statements from friends and family who can attest to your emotional state.

Navigating Insurance Claims

In California, dog owners are typically covered by homeowner’s insurance, which may cover dog bite claims [3, 13, 18, 19, 20, 21, 23]. However, it’s essential to understand the specifics of the insurance policy [20, 21].

Coverage: Not all policies automatically cover dog bites. Some require homeowners to opt into specific pet liability coverage [20, 21, 23].
Breed Restrictions: Some insurance companies may have breed restrictions, excluding coverage for bites by dogs they deem high-risk [20, 21, 23].
Policy Limits: Policies generally pay for medical costs and other losses up to the policy limits, which often range from $100,000 to $300,000 [20, 21].

Statute of Limitations

In California, the statute of limitations for personal injury claims, including dog bites, is two years from the date of the injury [5, 10, 13, 14]. This means you have two years from the date of the dog bite to file a lawsuit [5]. For children, the timeline may be extended, but it’s best to take action as soon as possible [13, 14].

Seeking Legal Assistance

Dog bite cases can be complex, especially when they involve family members. Consulting with an experienced California dog bite attorney can help you understand your rights, navigate the legal process, and pursue the compensation you deserve [8, 13, 27]. An attorney can also help you negotiate with insurance companies and, if necessary, file a lawsuit to protect your interests [8, 11, 26].

Conclusion

Being bitten by a dog is a traumatic experience, even more so when the dog belongs to a relative. While pursuing a claim against a family member can be emotionally challenging, it’s important to remember that California law protects your rights. By understanding the state’s strict liability law, taking the necessary steps after a bite, and seeking legal assistance, you can protect your health and financial well-being while navigating the complexities of family relationships.