Who Is Responsible? Liability in California Dog Bite Cases

Each year, thousands of people in California experience the trauma and pain of dog bites. In 2022, California led the nation in dog bite claims, with insurance companies paying out millions. If you or someone you know has been a victim, understanding who is responsible is crucial. This blog post will explore liability in California dog bite cases, offering clarity and guidance on navigating the legal landscape.

Strict Liability in California

California operates under a “strict liability” statute regarding dog bites, as outlined in California Civil Code Section 3342. This means that the dog owner is liable for damages suffered by a person bitten by the dog if the incident occurred:

In a public place.
Lawfully on private property, including the dog owner’s property.

This applies regardless of the dog’s previous behavior or the owner’s knowledge of any potential viciousness. In simpler terms, California does not follow the “one-bite rule” that exists in some other states. The owner is responsible even if the dog has never shown aggression before.

Key Elements of Strict Liability

To establish strict liability in a California dog bite case, the following elements must be proven:

Ownership: The defendant must be the owner of the dog.
Bite Occurred: The plaintiff’s injuries must have been caused by a bite from the dog. Note that California’s strict liability law applies only to injuries caused by a bite. If a dog injures someone by, for example, knocking them over, the owner may still be liable under a theory of negligence, but not under the strict liability statute.
Lawful Presence: The bite must have occurred in a public place or while the victim was lawfully on private property.

Defenses to Dog Bite Claims

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

Trespassing: If the victim was trespassing on the dog owner’s property, the owner may not be liable. The strict liability law only applies if the victim was lawfully in a public place or on private property.
Provocation: If the victim provoked the dog, the owner may not be held responsible. Provocation involves actions that would cause a dog to react aggressively, such as teasing, hitting, or otherwise tormenting the animal.
Assumption of Risk: This defense may apply if the victim knowingly assumed the risk of being bitten, such as in the case of a veterinarian or dog trainer.
Comparative Negligence: Even if the dog owner is primarily liable, the victim’s own negligence may reduce the amount of compensation they can recover. For example, if the victim ignored warning signs or acted carelessly around the dog, their compensation may be reduced.

Other Potentially Liable Parties

While the dog owner is typically the first party held responsible, other parties may also share liability in certain situations:

Landlords: A landlord may be liable if they knew of the dog’s vicious tendencies and had the ability to prevent the injury. This typically requires that the landlord had control over the property and the authority to demand the dog’s removal.
Dog Walkers/Pet Sitters: Individuals entrusted with the care of a dog may be liable if their negligence leads to a bite.
Businesses: Stores or other businesses that allow dogs on their premises may be liable if a dog bites someone due to the business’s negligence.

What to Do After a Dog Bite

If you’ve been bitten by a dog, taking the right steps immediately following the incident can protect your health and strengthen any potential claim:

Seek Medical Attention: Even minor-looking bites can lead to serious infections.
Report the Incident: Notify your local animal control agency or police department.
Identify the Dog and Its Owner: Gather as much information as possible about the dog and its owner.
Document Everything: Take photos of your injuries, torn clothing, and the location of the incident.
Contact an Attorney: Consulting a personal injury attorney experienced in dog bite cases can help you understand your legal options.

Compensation for Dog Bite Injuries

Victims of dog bites in California may be entitled to compensation for various damages, including:

Medical Expenses: Covers emergency treatment, ongoing care, and any future medical needs related to the injury.
Lost Wages: Compensation for income lost while recovering from the injury.
Pain and Suffering: Monetary compensation for physical pain and emotional distress caused by the dog bite.
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 can range significantly, from a few thousand dollars to hundreds of thousands, depending on the severity of the injuries and the circumstances of the case.

Statute of Limitations

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

Navigating Insurance Claims

Dog bite claims are typically paid through the dog owner’s insurance policy, which could include homeowners insurance, renters insurance, landlord insurance, or umbrella liability policies.

Conclusion

Understanding liability in California dog bite cases is essential for both dog owners and victims. California’s strict liability laws offer significant protection for those injured by dogs, but it’s important to be aware of potential defenses and other factors that can affect a claim. If you or someone you know has been affected by a dog bite, seeking legal guidance can help you navigate the complexities of the law and pursue the compensation you deserve.