Dog Bites: When Owners May Be Held Liable in California
Dog bites can happen unexpectedly and may result in physical injuries, emotional distress, medical expenses, and time away from work. While some incidents involve minor wounds, others can cause puncture injuries, infections, nerve damage, scarring, or other complications requiring ongoing medical attention. When a dog bite occurs in California, questions often arise about who may be legally responsible and whether the injured person has a right to pursue compensation. California has specific laws addressing dog owner liability, and understanding these rules can help injured individuals make informed decisions about their next steps.
The Dangers of Dog Bites
California generally follows a strict liability approach to dog bites. Under California Civil Code Section 3342, a dog owner may be liable for damages when their dog bites someone who was in a public place or lawfully on private property when the incident occurred. This rule can apply even when the dog had never bitten anyone before or had not previously displayed aggressive behavior. It is important to note that California law usually does not require a bite victim to establish that the owner already knew the dog was dangerous before liability for a bite may arise. However, every incident has its own circumstances. Questions about where the bite occurred, why the injured person was on the property, who owned or controlled the dog, and what happened immediately before the bite can affect the legal process.
Understanding the “One-Bite Rule”
Some states have historically followed what is commonly known as the “one-bite rule.” Under this rule, an owner’s knowledge of a dog's previous aggressive behavior can be important in determining liability. However, California's dog-bite statute usually takes a different approach. A person bitten by a dog does not have to establish that the animal previously bit someone before seeking to hold its owner responsible under the law. This distinction can be important when a dog has no documented history of aggression. A lack of previous attacks does not automatically prevent a California dog-bite claim.
Types of Injuries
A dog attack can cause more than a surface wound. Depending on the location and severity of the bite, injuries may include the following.
- Puncture wounds and lacerations
- Bruising and soft-tissue injuries
- Nerve or tendon damage
- Broken bones
- Infections
- Facial injuries
- Scarring or disfigurement
- Psychological or emotional effects
Children can be especially vulnerable because of their size and because bites may occur around the face, head, or neck. Prompt medical evaluation can be important even when an injury initially appears minor. Medical professionals can evaluate the wound, assess infection risks, determine whether additional treatment is appropriate, and create medical documentation of the injury.
The Necessary Steps to Take After A Dog Bite
It may be important to consider the following steps after suffering injuries from a dog bite accident. These may include but are not limited to:
- Seeking medical care as soon as possible
- Documenting the incident if it is safe to do so
- Obtaining the dog owner’s name and contact information
- Photographing the injuries
- Reporting the accident to local animal-control agencies
- Collecting the names and contact information of nearby witnesses
Who is Liable?
The dog's owner is often the primary person considered in a California dog-bite matter. However, some cases may involve additional individuals or parties. Oftentimes, the following individuals may also be held liable.
- Landlords
- Property managers
- Caretakers
Liability involving someone other than the dog's owner usually requires a separate legal analysis and should not be assumed only because that person was connected to the property. Determining potential responsibility may require reviewing ownership information, property records, witness statements, prior complaints, animal-control records, and applicable insurance policies.
Compensation That May Be Available
Depending on the circumstances and supporting evidence, compensation may include the following.
- Medical expenses and future medical care
- Lost income
- Pain and suffering
- Reduced earning capacity
- Scarring
- Other legally recognized damages
The existence and value of any claim depend on the specific facts. The severity of the injury, available evidence, applicable insurance coverage, disputed liability, medical documentation, and other circumstances can all affect the outcome.
Dog Bites and Insurance
Many dog-bite claims involve homeowners or renters insurance rather than a direct payment from an individual dog owner. Whether coverage is available depends on the applicable insurance policy and its exclusions or limitations. An insurance company may do the following.
- Investigate how the overall accident occurred
- Review medical records
- Interview witnesses
- Examine the circumstances surrounding the attack
- Evaluate whether coverage applies
Before accepting a settlement or signing a release, an injured person may wish to understand the extent of the injuries and the legal effect of the documents being presented. A signed release can affect the ability to pursue additional compensation later.
Speaking to a Legal Professional
It may be beneficial to speak to a legal professional who can help you understand the entirety of the claims process. Oftentimes, dog bite accidents may cause insurance and legal questions. An attorney may be able to explain the facts and help you work towards recovering from your injuries.
The Legal Team at KAASS LAW
The qualified personal injury attorneys of KAASS LAW understand the challenges that individuals and their loved ones may face when being involved in a dog bite accident. Oftentimes, these types of accidents can cause serious injuries leading to medical treatment and care. The legal team at KAASS LAW may review the specific facts surrounding your claims, preserve necessary pieces of evidence, and help you understand your rights moving forward. Call KAASS LAW today for a confidential consultation.
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In California, people who own dogs can be held strictly liable for the harm from a dog bite, no matter how carefully they restrain or guard their dogs. California Civil Code Section 3342 is the dog bite statute, which outlines when dog owners can be held responsible for injuries caused by their dog.
Elements the Plaintiff Must Prove to Establish a Dog Bite Claim
According to CACI 463, in case the plaintiff claims that the defendant’s dog bit him and that the defendant is responsible for the harm, he must be able to prove all of the following elements to establish the claim:
- The defendant owned a dog;
- The dog bit the plaintiff while he was in a public place or lawfully on private property;
- Plaintiff was harmed; and
- Defendant’s dog was a substantial factor in causing harm to the plaintiff
Strict Liability in California
Under strict liability, an individual is liable for his conduct, even if he was not acting negligently. Generally, to prove the claim the victims are required to show that the defendant’s conduct was negligent. However, under strict liability, the victims do not have to prove the defendant’s negligence. Factors the court considers regarding dog bite include:
- Whether or not the owner undertook all possible actions to prevent the accident;
- Whether or not the dog had previously bitten anyone; and
- Whether or not the owner had any reason to believe that the dog could act aggressively toward people
California’s statute imposes strict liability only on the dog’s owner. However, under the statute, other persons, such as a keeper or handler, can also be deemed an “owner.” They can also be responsible for a victim’s injuries, but not under the strict liability statute. To be found guilty, a handler or a keeper must have prior knowledge of the dog’s aggressive acts, such as a prior bite.
Premises Liability in California
When a person enters the property of another one he has a reasonable expectation that he won’t be injured or hurt. A property owner of the property or the occupier owes a due of care to third parties. Thus, it is the owner’s obligation to maintain a safe environment for all individuals entering his premises. This includes keeping potentially dangerous animals away from people or put up warning signs.
Exceptions to California Dog Bite Statute
Some exceptions to California Civil Code Section 3342 include:
- The dog was a law enforcement animal and was carrying out police and military work.
- The victim was a trespasser and was unlawfully on another person’s private property. To be lawfully on the private property of the owner” means that the person was performing any duty required by law or was on the property at the invitation of the owner.
- The victim was partially at fault for his injuries. He can be partially at fault for a dog bite in case he annoyed, harassed, provoked, or hurt the dog that bit him.
- The victim could assume the risk of being bitten. Veterinarians and kennel workers who have assumed the risk of a dog bite are not eligible to recover compensation under California Civil Code Section 3342. However, they can still claim that the dog owner must be liable because of his negligence; they just cannot rely on strict liability.
Statute of Limitations for Dog Bites in California
In California, the statute of limitations for a dog bite is two years from the time of the incident.
Are You a Victim of a Dog Bite in California?
Are you a victim of a dog bite in California? Our experienced dog bite lawyers at KAASS Law may be able to provide you with the legal assistance that you need. We invite you to contact our office at (310) 943-1171 for a free consultation.
California Civil Code § 3342 Dog Bite Statute
(a) The owner of any dog is liable for the damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place, including the property of the owner of the dog, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness. A person is lawfully upon the private property of such owner within the meaning of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner. (b) Nothing in this section shall authorize the bringing of an action pursuant to subdivision (a) against any governmental agency using a dog in military or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing, or provoking act, or assisting an employee of the agency in any of the following: (1) In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect’s involvement in criminal activity. (2) In the investigation of a crime or possible crime. (3) In the execution of a warrant. (4) In the defense of a peace officer or another person. (c) Subdivision (b) shall not apply in any case where the victim of the bite or bites was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act or acts that prompted the use of the dog in the military or police work. (d) Subdivision (b) shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subdivision (b). Although, the owner(s)' of a dog who has bitten another person is held strictly liable for damages in California. There is a defense to this rule known as “assumption of risk” Assumption of risk can be used as a defense when the victim of a dog bite is working in the capacity of a veterinarian, or some other contracted dog handler. Cohen v. McIntyre, 16 Cal. App. 4th 650 (Cal. App. 1st Dist. June 15, 1993); Priebe v. Nelson, 140 P.3d 848 (Cal. Aug. 28, 2006). “The doctrine of assumption of risk, which is generally applicable in strict liability actions has long been recognized as a defense to a personal injury action brought pursuant to the dog bite statute (§ 3342) under appropriate facts.” Priebe, 140 P.3d 848, 853.
Can I Still Be Sued If The Dog Bite Did Not Result in Any Lacerations?
While many may be under the impression that you can only be sued if your dog bit someone which resulted in scarring or breaking of the skin; "it is not necessary that the skin be broken in order for the statute to apply". (Johnson v. McMahan (1998) 68 Cal.App.4th 173, 176 [80 Cal.Rptr.2d 173].) In Priebe, the Supreme Court of California held that the defendant dog owner was not strictly liable when his dog bit the plaintiff kennel worker. Id. at 861. The court reasoned, “Priebe, by virtue of the nature of her occupation as a kennel worker, assumed the risk of being bitten or otherwise injured by the dogs under her care and control while in the custody of the commercial kennel where she worked pursuant to a contractual boarding agreement.” Id. Similarly, the court in Cohen, held that the plaintiff veterinarian assumed the risk of being bitten by the defendant’s dog, and therefore was barred from recovery. Cohen, 16 Cal. App. 4th 650, 657. However, the court in Davis v. Gaschler, held that the assumption of risk did not apply when the plaintiff stopped to help a dog that was hit by a car and was bitten by the dog. Davis v. Gaschler, 11 Cal. App. 4th 1392, 1402 (Cal. App. 3d Dist. Dec. 23, 1992). The court reasoned, “plaintiff was not employed or otherwise compensated for helping injured dogs. Nor was there an employment relationship or any relationship between plaintiff and defendants.” Id. at 1401.
Essential Elements You Must Prove in Dog Bite Statute Civ. Code, § 3342
In California, dog owners can be held responsible for the harm from a dog bite, no matter how carefully they guard or restrain their dogs.
In Order to Establish a Claim, Plaintiff Must Prove All of the following:
- That defendant owned a dog;
- That the dog bit Plaintiff while [he/she] was in a public place or lawfully on private property;
- That Plaintiff was harmed; and
- That Defendant’s dog was a substantial factor in causing Plaintiff harm.
The plaintiff bit by the dog was lawfully on the private property of the owner if [he/ she] was performing any duty required by law or was on the property at the invitation, express or implied, of the owner.
Los Angeles Dog Bite Attorney
Are you in need of a dog bite lawyer in California? A Los Angeles dog bite attorney can provide you with the services you need. KAASS Law can help you out with various types of personal injury and dog bite cases. If you have questions regarding dog bite laws in California, we invite you to contact our experienced Glendale personal injury attorneys for a free consultation at (310) 943-1171 or our Los Angeles branch at (310) 943-1173.
