Dog bites can be traumatic events, leading to severe physical injuries, substantial medical expenses, and significant emotional distress. If you or someone you care about has been bitten by a dog in California, understanding your legal rights and the responsibilities of dog owners is crucial. California’s approach to dog bite cases, characterized by strict liability, offers strong protections for victims, making it one of the most victim-friendly states in the country.

This comprehensive blog post will uncover the intricacies of dog bite liability in California. We will explore the nuances of the law, discuss potential exceptions, outline the types of compensation victims can seek, and underscore the importance of having experienced legal support.

1. Strict Liability Dog Bites: What the Law Says

California Civil Code §3342 establishes strict liability for dog owners. If a dog bites someone, the owner is legally responsible for the resulting damages, regardless of whether the dog has a history of biting or aggressive behavior. Unlike some states with a “one bite” rule, where an owner is only liable after their dog has bitten someone once, California law does not require prior knowledge of a dog’s vicious propensities.

Key aspects of California’s dog bite law include:

• Applies to bites occurring in public places or lawfully on private property, including the dog owner’s property.
• Eliminates the “one bite” rule, holding owners accountable for the first bite.
• Covers both physical injuries and the emotional trauma stemming from the incident.

This strict liability approach requires dog owners to ensure their pets are controlled and do not threaten others.

2. Exceptions to Liability

While strict liability is the standard in California, certain exceptions can limit or negate an owner’s liability. These exceptions include:

• Trespassing: If the bite occurs on private property and the victim was trespassing or unlawfully present, the owner may not be held liable.
• Provocation: If the dog was provoked, teased, or tormented by the victim, leading to the bite, the owner’s liability may be reduced or eliminated.
• Military or Police Dogs: Bites inflicted by military or police dogs while performing their official duties under specific legal conditions may be exempt from strict liability.

It is also essential to note that strict liability under Civil Code §3342 specifically applies to bites. Other types of dog-related injuries, such as being knocked down or scratched, may require proving negligence on the owner’s part.

3. Case Law Insight: Johnson v. McMahan (1998)

The California Court of Appeals’ decision in Johnson v. McMahan (1998) 68 Cal.App.4th 173 is a landmark case that clarified the scope of dog bite liability. The court ruled that strict liability under Civil Code §3342 only applies when the injury results from a bite. In this case, the plaintiff was injured when a dog jumped on her, but there was no actual bite.

This ruling established that for injuries caused by means other than a bite, such as a dog knocking someone over, the victim must demonstrate negligence on the dog owner’s part to recover damages. This distinction is crucial in determining the appropriate legal strategy and pursuing the correct type of claim.

4. What Compensation Can Victims Receive?

Victims of dog bites in California may be entitled to various forms of compensation to address the injury’s immediate and long-term consequences. These can include:

• Medical Expenses: Costs associated with emergency room visits, surgeries, follow-up appointments, physical therapy, and any necessary future medical care.
• Lost Income: Reimbursement for wages lost due to time off work for recovery and treatment.
• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the injury.
• Emotional Distress: Damages for psychological harm, including conditions such as PTSD, anxiety, and emotional trauma.
• Disfigurement and Scarring: Compensation for permanent physical changes can be particularly significant in cases involving facial injuries.

In cases involving severe injuries, especially to children or injuries resulting in permanent disfigurement, the potential damages can be substantial. Dog bite cases may also include claims for future medical care, cosmetic surgery, and ongoing therapy.

In more severe cases, especially involving children or facial injuries, damages can be substantial. Dog bite cases may also involve claims for future medical care or cosmetic surgery.

5. Steps to Take After a Dog Bite

If you or someone you know is bitten by a dog, taking the proper steps immediately following the incident is crucial. These steps include:

• Seek Immediate Medical Attention: Your health and well-being are the top priority. Even seemingly minor bites can lead to serious infections or complications.
• Identify the Dog and Its Owner: Obtain the owner’s name, contact information, and insurance details. Document the dog’s breed and appearance.
• Report the Incident: Contact your local animal control or law enforcement agency to report the bite. This creates an official record of the incident.
• Document Everything: Take photographs of your injuries, where the bite occurred, and other relevant details.
• Gather Witness Information: If there were witnesses to the bite, get their contact information. Their accounts can be valuable evidence.
• Avoid Discussing the Incident with the Dog Owner’s Insurer: Do not make statements to the dog owner’s insurance company without consulting with an attorney first.

Thorough documentation and evidence gathering are essential in building a strong dog bite claim.

6. Why Legal Help Matters

While California’s strict liability law protects dog bite victims, navigating the legal process can still be complex. Insurance companies may attempt to minimize payouts, dispute liability, or argue that an exception applies. A knowledgeable personal injury attorney is vital to ensure your rights are protected and you receive fair compensation.

An experienced attorney can:

• Handle Communications with Insurance Companies: Protect you from being taken advantage of by insurance adjusters.
• Gather and Preserve Evidence: Collect medical records, witness statements, and other evidence to support your claim.
• Prove Damages: Accurately assess the full extent of your losses, including medical expenses, lost income, and pain and suffering.
• Negotiate for a Fair Settlement: Work to secure a settlement that adequately compensates you for your injuries and losses.
• Represent You in Court: If a fair settlement cannot be reached, an attorney can take your case to trial.

At B&D Injury Law, we advocate for dog bite victims. We understand the physical, emotional, and financial toll these incidents can take, and we are committed to helping you obtain the justice and compensation you deserve.

Conclusion

California’s dog bite liability laws are designed to protect individuals from the harm caused by dog bites. Under strict liability, victims do not need to prove that the dog was previously dangerous or that the owner was negligent. However, navigating the complexities of the law and dealing with insurance companies can be challenging.

If you or a loved one has been bitten by a dog, do not hesitate to contact B&D Injury Law for a free case review. We will evaluate your claim, explain your legal options, and guide you toward compensation.