Strict Liability Exceptions: California Dog Bite Law Loopholes

Strict Liability Exceptions: California Dog Bite Law Loopholes

Each year, millions of Americans sustain dog bite injuries, with California reporting some of the highest incident rates. California’s dog bite laws are designed to protect individuals from such attacks, but understanding the nuances of these laws is crucial for both dog owners and potential victims. This blog post will explore the exceptions to California’s strict liability dog bite law, shedding light on potential loopholes and defenses that can impact a victim’s ability to recover damages.

California’s Strict Liability Dog Bite Law

California operates under a “strict liability” statute regarding dog bites, as outlined in California Civil Code Section 3342. This means that a dog owner is liable for damages suffered by a person bitten by their dog if the bite occurred in a public place or lawfully on private property, including the owner’s property. This liability applies regardless of the dog’s past behavior or the owner’s knowledge of any vicious tendencies.

According to California Law, Section 3342, the dog owner is liable for the damages it causes a victim who is bitten by the dog. The dog bite can occur in a public or private place, including the dog owner’s property.

Unlike the “one-bite rule” in some states, where owners are only liable if they knew of their dog’s aggressive tendencies, California law is more victim-friendly. It allows victims to recover compensation without proving the owner was negligent or aware of the dog’s potential danger.

Exceptions to Strict Liability

While California’s strict liability law offers significant protection to dog bite victims, several exceptions and defenses can limit or eliminate an owner’s liability. These exceptions include:

  1. Trespassing:

    • The strict liability statute only applies if the victim was lawfully on the property where the bite occurred.
    • If a person was trespassing on the dog owner’s property without permission or legal right, the owner cannot be held strictly liable.
    • However, even trespassers may pursue a dog bite case based on negligence if the owner acted irresponsibly.

    • Provocation:

    • If the victim provoked the dog, causing it to bite in response, the owner may not be liable.

    • Provocation involves actions that would reasonably irritate or agitate a dog, leading to a defensive bite.
    • Simply petting a dog that then bites is generally not considered provocation.

    • “It Wasn’t a Bite” Defense:

    • The strict liability law specifically applies to injuries caused by a dog bite.

    • If injuries result from a dog jumping on someone, knocking them over, or scratching them, the strict liability rule does not apply.
    • However, a claim can still be filed based on general negligence, arguing the owner failed to control their animal properly.

    • Victim Not Bitten by the Dog:

    • Dog bite laws in California apply to dog bites only.

    • If a person is injured by a dog’s jumping or scratching, they are not covered under this law.
    • However, they have the legal right to file a negligence claim against the dog owner.

    • Police or Military Dogs:

    • Government agencies using dogs for police or military work have a defense against strict liability if their dogs bite someone while carrying out their duties.

    • This exception typically applies when the dog is defending itself from an annoying, harassing, or provoking act or assisting an employee in apprehending a suspect, investigating a crime, executing a warrant, or defending a peace officer or another person.

    • Assumption of Risk:

    • This defense applies to individuals who voluntarily take on a known risk.

    • It is often used against people who work with animals, such as veterinarians, dog groomers, or kennel workers.
    • The argument is that these professionals understand and “assume the risk” of being bitten as part of their job.
    • However, professionals won’t be found to have assumed the risk if the dog displayed aggressive behaviors or bit someone in the past, the owner knew about the bite attack or aggressive behavior, and the owner failed to warn a worker about the dog’s prior aggressive behavior or bite attack.

    • Dog Owners Only:

    • California’s strict liability statute only applies to dog owners.

    • If the person being sued for a dog bite was only taking care of the dog at the time of the injury, they cannot be held strictly liable.

    • Lack of Injury:

    • If the victim was not significantly harmed and no medical treatment was required.

    • Although under California dog bite law an injury must be caused by the action of a dog bite, the skin does not have to be broken.
    • A dog owner is still liable if the attack victim is bruised or suffered nerve damage even without puncture wounds.

Other Important Considerations

  • Statute of Limitations: In California, the statute of limitations for filing a dog bite claim is two years from the date of the bite. Failing to file a lawsuit within this timeframe generally forfeits the right to pursue compensation.
  • Negligence Claims: Even if strict liability does not apply, a dog bite victim may still pursue a claim based on negligence. To succeed in a negligence claim, the victim must prove that the dog owner failed to exercise reasonable care to prevent the dog from biting and that this failure caused the injury.
  • Multiple Claims: Following a dog bite attack, a victim could have one or more of the following three types of claims: A Strict Liability Claim Against the Dog Owner, A Common Law Negligence Claim Against the Dog Owner, A Common Law Negligence Claim Against a Non-Owner.
  • Damages: Victims of dog bite injuries in California have the right to pursue compensation for various damages, including medical expenses, lost wages, pain and suffering, and emotional distress.

Advice

  • Seek Immediate Medical Attention: After a dog bite, seek medical attention immediately, even if the injury seems minor. Dog bites can cause serious infections and require prompt treatment.
  • Document the Incident: Gather as much information as possible about the incident, including the dog owner’s name and contact information, witness statements, and photographs of the injury and the location where the bite occurred.
  • Report the Bite: Report the dog bite to local animal control or law enforcement authorities. This creates an official record of the incident and helps prevent future attacks.
  • Consult a California Dog Bite Lawyer: If you’ve been bitten by a dog, it’s essential to consult with an experienced California dog bite lawyer. A knowledgeable attorney can evaluate your case, advise you on your legal options, and help you pursue fair compensation for your injuries.

Conclusion

California’s strict liability dog bite law provides significant protection for victims of dog attacks. However, understanding the exceptions and defenses to this law is crucial for both dog owners and potential victims. By being aware of these loopholes and seeking legal guidance when necessary, individuals can protect their rights and ensure a fair resolution in the event of a dog bite incident.