California Dog Bite Law Explained: Liability & Compensation

Dogs may be man’s best friend, but they’re also powerful animals capable of inflicting serious injuries if unchecked. When this happens, California has specific laws in place to determine liability and compensation for victims.

Whether you’re a pet owner, a dog bite victim, or just want to protect yourself, understanding the state’s dog bite rules is critical for preventing future attacks and knowing how to proceed if one happens.

California’s Strict Liability Dog Bite Statute

The most important part of California’s dog bite law lies in the state’s strict liability statute, which the legislature outlined in California Civil Code section 3342.

Under this statute, a dog owner is liable for the damages suffered by any person bitten by their dog while in a public place or private place, including the dog owner’s property. The statute applies regardless of the dog’s former viciousness or the owner’s knowledge of such viciousness.

The fundamental elements of dog bite strict liability are:

Dog owners are liable for damages suffered by the person bitten.
Bites must occur in public places or while victims are lawfully on private property.
Liability applies regardless of the dog’s prior behavior or the owner’s knowledge of such behavior.

No Exceptions to Prior Aggressive Behavior

Even if the dog has never shown any aggression or bitten anyone before, the owner is still responsible for the damages when the animal bites someone in a covered situation.

Does Not Apply to Negligent Acts

It’s important to note that California’s strict liability statute applies specifically to dog bites. If a dog causes injury through other means, such as jumping on someone or knocking them over, the case may fall under a different area of tort law, such as negligence.

However, the strict liability statute remains one of California’s most potent tools for dog bite victims seeking compensation.

Proving Liability in a California Dog Bite Case

To successfully pursue a claim under California’s strict liability dog bite statute, the victim must demonstrate several key elements:

The defendant owned the dog.
The dog bit the victim.
The victim was in a public place or lawfully, in a private place when the bite occurred.
The dog bite caused the victim’s injuries.

As the plaintiff in a dog bite case, the burden of proof falls on you to establish these elements by a preponderance of the evidence. This legal obligation means you must show the courts that it is more likely than not that each element is true.

You’ll need to gather and present compelling evidence to prove each element, such as:

Medical records documenting your injuries and treatment.
Witness statements describing the incident.
Photos of your injuries and the scene of the bite.
Animal control or police reports related to the incident.
Proof of the defendant’s ownership of the dog.

An experienced California dog bite attorney can help you identify, collect, and preserve the evidence needed to build a strong case and prove the dog owner’s liability.

Exceptions to Dog Owner Liability

While California’s strict liability statute applies in most dog bite cases, there are some exceptions where the law may not hold the dog owner responsible.

Trespassers

If the victim was trespassing on private property when the dog bite occurred, the owner might not be liable for the resulting injuries. However, this exception does not legally apply to individuals on the property, such as postal workers, utility workers, or invited guests.

Military or Police Dogs

If the bite occurred while the dog was used in military or police work and was defending itself from annoying, harassing, or provoking acts, the owner might not be liable. This exception recognizes these dogs’ unique role in protecting public safety and the importance of allowing them to perform their duties without undue interference.

Assumption of Risk

If the victim provoked the dog or voluntarily took the risk of being bitten, the courts may reduce their damages under California’s comparative negligence rules. This situation might apply when the victim ignored warning signs, disobeyed the owner’s instructions, or knowingly interacted with a dangerous dog.

It’s important to remember that even if one of these exceptions applies, you may still have a case depending on the specific facts and circumstances surrounding the incident.

A knowledgeable California personal injury lawyer can help you assess your situation, identify any potential obstacles, and develop a strategy for pursuing the compensation you deserve.

Damages Available in California Dog Bite Cases

Dog bite injuries can result in significant physical, emotional, and financial losses. California dog bite victims may be entitled to several damages, including:

Economic Damages

Medical Expenses: This remedy includes costs related to emergency treatment, hospitalization, surgery, medication, rehabilitation, and any ongoing care needed due to the dog bite injuries.
Lost Wages: If you had to miss work while recovering from your injuries or attending medical appointments, you may be able to recover the income you lost as a result.
Property Damage: If the dog damaged or destroyed your personal property during the attack, such as clothing, glasses, or a mobile phone, you can seek compensation for repairing or replacing those items.

Noneconomic Damages

Pain and Suffering: This general damage award covers the physical pain, discomfort, and emotional distress you experienced due to the dog bite and its aftermath.
Emotional Distress: Dog attacks can be highly traumatic events that lead to anxiety, fear, depression, or post-traumatic stress disorder (PTSD). You may be able to recover damages for the psychological impact of the incident.
Disfigurement or Disability: If the dog bite resulted in scarring, permanent injury, or disability, you can seek compensation for the long-term impact on your quality of life and future well-being.

Punitive Damages

In rare cases, you may also pursue punitive damages involving a dog owner’s grossly negligent or intentional conduct. These jury awards punish animal owners for their behavior and deter others from engaging in similar conduct.

However, the courts only allow punitive damages in exceptional circumstances that require clear and convincing evidence of malice, oppression, or fraud.

The specific damages available in your case will depend on factors such as the severity of your injuries, the length of your recovery, and the overall impact the dog bite has had on your life.

Your personal injury attorney can help you assess the full extent of your damages and fight for the maximum compensation possible in your case.

The Dog Bite Claim Process

Filing a dog bite claim can be overwhelming, especially when you’re dealing with painful injuries and mounting expenses.

However, you must take the following steps after an incident to protect your health and legal rights in California.

1. Disclose the dog bite to animal control.

This report creates an official incident record and helps authorities track dangerous dogs and prevent future attacks. It also reveals whether the dog is up-to-date on its vaccinations, particularly for rabies.

2. Seek medical attention and document your injuries.

Even if the bite seems minor, you should have a medical professional assess and treat your wounds to prevent infection and other complications. Keep detailed records of your treatment, including bills, prescriptions, and doctor’s notes, as this documentation will become important evidence in your claim.

3. Gather evidence from the scene, if possible.

This proof may include photos of your injuries, the dog, and the location where the bite occurred. If there were any witnesses, try to get their contact information and statements about what they saw.

4. Identify the dog owner and file a claim with their insurance company.

Many homeowners’ insurance policies include coverage for dog bite liability, so notifying the owner’s insurer is a necessary first step in seeking compensation for your losses.

5. Consider retaining a California dog bite lawyer.

Legal counsel represents your interests and guides you through the insurance claim and legal process. An experienced personal injury law firm can help you gather additional evidence, negotiate with insurance companies, and fight for the settlement or jury award you deserve.

Don’t Rely On Insurance Adjuster Promises

Remember, insurance companies are primarily concerned with protecting their bottom line, not making sure you receive the settlement you need to move forward after a traumatic dog bite incident.

Having a skilled legal advocate on your side can level the playing field and give you the best chance of achieving a successful outcome in your case.

California Laws on Dangerous Dogs

In addition to the strict liability dog bite statute, California has specific laws addressing “potentially dangerous” and “vicious” dogs.

These statutes impose additional requirements and penalties on owners of animals that have demonstrated a propensity for aggressive or dangerous behavior.

The courts may declare a dog as “potentially dangerous” in California if it has:

Engaged in unprovoked aggressive behavior requiring defensive action on at least two separate occasions within 36 months.
Bitten a person without causing severe injury.
Killed or injured another domestic animal at least twice within 36 months.

The courts may classify a dog as “vicious” in California if it:

Has killed or inflicted severe injury on a person in an aggressive manner.
Has been previously determined to be “potentially dangerous” and continues to exhibit dangerous behavior or is maintained in violation of local regulations.

Owners of dogs that the courts have classified as “potentially dangerous” or “vicious” face additional responsibilities and restrictions, such as:

Keeping the dog indoors or in a securely fenced yard.
Muzzling and leashing the dog whenever it is in public.
Obtaining liability insurance or a surety bond to cover potential damages caused by the dog.
Notifying animal control if the dog escapes, attacks someone, or is sold or given away.

Failure to comply with these requirements can result in fines, criminal charges, and even the seizure or destruction of the dog in extreme cases. If a dangerous dog causes injury or death, the owner may face substantial civil liability and criminal penalties, including imprisonment.

LA Dog Bite Law Protects California Dog Bite Victims

Getting bitten by a dog can turn your world upside down through no fault of your own. The injuries, trauma, and mounting expenses make an already difficult situation even more overwhelming.

In California, dog owners are strictly liable for the damages their pets cause – but actually getting proper compensation is another battle. That’s where the attorneys at LA Dog Bite Law can fight for you. As a firm 100% focused on dog bite cases in California, we understand the legal process and won’t let insurance companies take advantage.

If you or a loved one was attacked, contact us today so we can pursue the full amount you deserve.