Dog Bite Liability In California

In California, dog bite victims and pet owners must understand liability. If a dog bites you, the owner is usually responsible for any harm caused. On the other hand, if you own a dog, you need to make sure your dog does not hurt anyone. At J.G. Winter Law, we’re committed to guiding dog bite victims and dog owners through the legal landscape, clarifying their rights, and advising on the next steps.

California dog bite laws follow a “strict liability” – if someone’s dog bites you, the owner is usually responsible, even if the dog has never bitten anyone before. This is different from some other states where the owner might only be responsible if they knew the dog was likely to bite (sometimes called the “one bite” rule).

California Dog Bite liability laws protect people from dog bites without needing to prove the owner was careless or the dog had a history of aggression.

Determining dog bite liability in California depends on specific factors that influence the outcome. The state’s strict liability statute generally holds dog owners responsible if their dog bites someone. However, several exceptions and considerations can affect the liability, such as the bite’s circumstances and the victim’s actions.

• Strict liability: California’s strict liability law makes dog owners automatically liable for damages if their dog bites someone, regardless of the dog’s previous behavior. The victim doesn’t need to prove negligence or fault.
• Trespassing: The dog owner might not be held liable if the victim was unlawfully on the property where the bite occurred. It protects owners from liability when their dog bites a trespasser.
• Provocation: Owners may not be liable if the victim has provoked the dog into biting. Provocation can include physical abuse or aggressive behavior towards the dog.
• Assumption of Risk: In situations where the victim knowingly puts themselves at risk of a dog bite, such as veterinarians or dog groomers, the owner’s liability may be reduced or nullified.
• Homeowner’s Insurance: Many dog bite claims are covered under the dog owner’s homeowner’s insurance policy. It significantly plays a role in compensating the victim for their injuries.

Dog owners have specific responsibilities to prevent dog bites and ensure public safety. These obligations are crucial for protecting both the dog and the public, and avoiding potential liability in dog bite claims in California.

• Leash Laws: Dog owners must adhere to local leash laws, keeping their dogs on a leash in public areas unless in designated off-leash zones. It prevents unexpected encounters that could lead to bites.
• Proper enclosure: Owners should ensure their property is securely fenced to prevent dogs from escaping. A secure enclosure keeps the dog confined to the owner’s property, reducing the chance of biting incidents with passersby.
• Warning signs: If a dog has shown aggressive tendencies, owners are encouraged to post warning signs to alert visitors and passersby of the potential danger. It reduces the likelihood of surprise encounters that could result in a bite.
• Behavioral training: Investing in professional training for dogs, especially those that display signs of aggression, can significantly reduce the risk of bites. Teaching the dog appropriate behavior ensures they respond correctly to commands.
• Regular health checks: Maintaining the dog’s health through regular veterinary check-ups can prevent behavior changes due to health issues. A healthy dog is less likely to exhibit aggressive behavior.

Victims of dog bites in California have the right to seek compensation for their injuries. The process involves filing a claim, typically against the dog owner, and negotiating for the compensation. Understanding the types of damages one can claim is crucial for a fair settlement.

Victims can claim financial losses resulting from the dog bite, which may include:

• Medical bills: Costs for emergency care, surgery, medication, and any ongoing medical treatment.
• Lost wages: Income lost due to time off work for recovery.
• Rehabilitation costs: Expenses for physical or occupational therapy needed for full recovery.
• Property damage: Compensation for any personal property (like clothing or glasses) damaged during the incident.

These address the non-financial impact of the dog bite, including:

• Pain and suffering: Compensation for physical pain and emotional distress suffered due to the incident.
• Loss of quality of life: If the victim’s ability to enjoy life’s activities is diminished.
• Emotional distress: For psychological impacts such as anxiety, depression, or PTSD resulting from the attack.

If you’ve been bitten by a dog in California, understanding your next steps is crucial for your health and any potential legal action. Gathering information about the dog and its owner, documenting your injuries, and seeking legal advice can help protect your rights and get a fair compensation.

• Immediate medical care: You must first seek medical attention, regardless of the bite’s severity. It’s crucial for your health and documenting the injury for any legal actions.
• Report the incident: Inform the local animal control or the public health department about the bite. Reporting helps in preventing future incidents and serves as an official record of the event.
• Collect information: Obtain details from the dog’s owner, such as their name, address, and phone number, and the dog’s vaccination history. If there are witnesses, get their contact information as well.
• Document everything: Take clear photographs of your injuries and keep a diary of your symptoms and any medical treatments received. Documenting everything provides solid evidence for your claim.
• Consult with a personal injury lawyer: Consider speaking with a personal injury lawyer who specializes in dog bite cases. They can guide you through the legal process, help you understand your rights, and work towards securing fair compensation for your injuries.

Learn more in our other blog, “What to do after dog bite?“

Understanding dog bite liability in California is essential for dog owners and bite victims. The state’s strict liability laws emphasize the importance of responsible pet ownership and provideing clear recourse for those injured. However, with various factors influencing liability and the potential for defenses against claims, building a strong case can be complex.

J.G. Winter Law can help you navigate the complexities of California’s dog bite laws. Our dog bite injury lawyers fight tirelessly to determine dog bite liability in California, maximizing your compensation amount. Contact J.G. Winter Law for a consultation if you’re facing a dog bite situation.