Dog bites can happen unexpectedly, including when an animal escapes from a parked or moving vehicle. Pedestrians who get bitten by dogs may suffer injuries requiring medical treatment. California law provides several possible avenues for addressing dog bite injuries. However, determining whether uninsured motorist coverage applies requires examining the circumstances of the incident, the relationship between the vehicle and the injury, and the language of the applicable insurance policy.
Under California Insurance Code § 11580.2, uninsured motorist (UM) coverage usually protects insured individuals who suffer bodily injuries caused by the owner or operator of an uninsured motor vehicle, subject to statutory requirements and policy provisions.
This coverage often applies when an uninsured driver causes a vehicle collision. However, injuries involving motor vehicles do not always result from direct accidents. It is important to understand that injuries may occur when someone is entering or exiting a vehicle, unloading objects, or interacting with a vehicle during transportation-related activities. The major question is whether the injury falls within the statutory and contractual requirements for uninsured motorist coverage.
Although the dog emerged from a vehicle, the injury resulted directly from the animal's actions. Under California Insurance Code § 11580.2, uninsured motorist coverage usually requires that the injuries arise from the ownership, maintenance, or use of an uninsured motor vehicle and satisfy the statute's applicable liability and coverage requirements. Understanding what to do if a dog jumps out of a vehicle is crucial for the safety of yourself and those around you.
Even when uninsured motorist coverage does not apply, an injured pedestrian may have a separate legal claim against the dog's owner. Under California Civil Code § 3342, dog owners are usually strictly liable for damages when their dogs bite someone in a public place or while the injured person is lawfully on private property.
Strict liability means the injured person often does not need to prove that the dog previously displayed aggressive behavior or that the owner knew the animal was dangerous. If a dog escapes from a parked vehicle and bites a pedestrian walking legally on a sidewalk, the dog's owner may be liable for the injuries that occur as a result. California's dog bite statute focuses on the responsibility of the animal's owner, regardless of whether a motor vehicle was involved.
An uninsured dog owner may still be legally responsible for injuries caused by their animal. However, receiving compensation can become more complicated when insurance coverage is unavailable. Depending on the circumstances, potential sources of recovery may include, but are not limited to, the following.
The absence of automobile insurance does not eliminate the possibility of pursuing a dog bite claim under California law.
California uninsured motorist coverage is not necessarily limited to injuries suffered while driving. Depending on the policy and applicable law, insured individuals may qualify for protection while walking, cycling, or participating in other activities.
However, pedestrian status alone does not establish coverage. The injury must still meet the legal requirements governing uninsured motorist claims. For a dog bite involving a vehicle, an insurer may examine whether the injury resulted from the use of an uninsured motor vehicle or from an independent act involving the animal. An injured pedestrian should therefore avoid assuming that their own uninsured motorist policy automatically covers the accident.
When a dog escapes from a vehicle and bites someone, the details surrounding the incident may become important. Relevant evidence may include but is not limited to the following.
Evidence regarding whether the vehicle was moving, parked, being unloaded, or otherwise actively used may help clarify the circumstances. Preserving this information can assist in evaluating liability and potential insurance coverage.
After a dog bite accident involving a motor vehicle, it may be important to speak to a legal professional to better understand your rights and responsibilities moving forward. An attorney may be able to explain applicable laws and guide you through the challenges that may occur throughout the claims process.
The qualified personal injury attorneys at KAASS LAW are ready to help victims understand the importance of their case moving forward. Our legal team may review the specific facts surrounding the accident, speak to insurance companies on your behalf, and preserve important evidence for the future. Call KAASS LAW today to learn more.
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.
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.
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.
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:
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:
(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 for damages in There is a defense to this rule known as “” Assumption of risk can be used as a defense when the victim of a is working in the capacity of a veterinarian, or some other contracted dog handler. , 16 Cal. App. 4th 650 (Cal. App. 1st Dist. June 15, 1993); , 140 P.3d 848 (Cal. Aug. 28, 2006). “, which is generally applicable in strict liability actions has long been recognized as a defense to a action brought pursuant to the dog bite statute (§ 3342) under appropriate facts.” 140 P.3d 848, 853.
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.
A dog attack can cause more than a surface wound. Depending on the location and severity of the bite, injuries may include the following.
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.
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:
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.
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.
Depending on the circumstances and supporting evidence, compensation may include the following.
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.
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.
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.
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 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.
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.
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.
Some exceptions to California Civil Code Section 3342 include:
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? 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.
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.
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.
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.
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.