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:
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.
(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.
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.