Can You Sue for a Minor Dog Bite in Los Angeles?

Dogs may be our beloved companions, but even the friendliest pup can bite under the right (or wrong) circumstances. If you’ve experienced a dog bite in California, you might be wondering about your legal options. Can you sue for a minor dog bite? What does the law say about dog owner liability? Let’s explore these questions and more.

Understanding California’s Dog Bite Laws

When it comes to dog bites, California is a strict liability state. This means that dog owners are liable for bites regardless of their pet’s history or their knowledge of any propensity to bite. California Civil Code § 3342 states:

“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.”

There are some exceptions to this rule. For example, if the victim was trespassing on private property or provoked the dog, the owner may not be held strictly liable. Additionally, local leash laws and animal control ordinances can impact a case.

When Can You Sue for a Minor Dog Bite?

So, what constitutes a “minor” dog bite? Legally speaking, the severity of the bite doesn’t necessarily matter. If a dog bites you and breaks the skin, you may have a valid claim, even if the injury is relatively small. To prove your case, you’ll need to establish that:

The defendant owned the dog
You were lawfully on private property or in a public place when the bite occurred
The dog bit you without provocation

If these elements are met, you can pursue a claim for damages. Special rules may apply for bites to children and the elderly.

Damages for Dog Bites in California

In a successful dog bite claim, you may be entitled to recover various damages, such as:

Medical expenses for treating the bite
Lost wages if you missed work due to the injury
Pain and suffering
Property damage (e.g., if the dog tore your clothing)
Punitive damages, in rare cases involving intentional or reckless conduct by the owner

Proving Liability and Damages

To support your claim, gather as much evidence as possible:

Photographs of your injuries
Medical records and bills
Witness statements
Animal control and police reports

This evidence can help establish liability and the extent of your damages. If the owner has homeowners insurance, you may need to deal with their insurer to obtain compensation.

Local Dog Ordinances and Liability

Many cities and counties in California have local ordinances related to dog ownership and control. For example, leash laws may require dogs to be restrained in public. If an owner violates a local ordinance and their dog bites someone as a result, this can be used to prove negligence per se.

It’s important to report dog bites to local animal control authorities. Prior complaints or bites by the same dog can impact your case.

Suing for Intentional or Reckless Conduct

In some cases, a dog owner’s actions (or inaction) go beyond mere negligence. If an owner intentionally provokes their dog to attack or knowingly allows a dangerous dog to roam free, they may be liable for intentional tort or reckless misconduct. In these situations, punitive damages may be available to punish and deter such behavior. Criminal charges could also come into play.

Dog Bites to Children

Cases involving dog bites to children have some unique considerations. Property owners owe a higher duty of care to children and may be liable under the attractive nuisance doctrine if their dog lures a child onto the property. Dog bites can be especially traumatic for children, so damages for emotional distress may be significant. However, there are also defenses specific to child bite cases, such as lack of parental supervision.

Defenses to Dog Bite Claims

Dog owners and their insurers may raise various defenses to avoid or minimize liability:

Assumption of risk: If the victim voluntarily interacted with a dog knowing it was dangerous, they may have assumed the risk.
Comparative negligence: If the victim’s own negligence contributed to the bite, their damages may be reduced.
Trespassing: Strict liability doesn’t apply to trespassers bitten on private property.
Statute of limitations: In California, you generally have two years from the bite to file a personal injury lawsuit.

Filing an Insurance Claim for Dog Bites

Many dog bites are covered by the owner’s homeowners or renters insurance. However, insurance companies often try to minimize or deny these claims. They may argue the dog wasn’t covered or the victim’s own negligence caused the bite. It’s important to understand your rights and when to accept a settlement versus escalate to a lawsuit. Your medical insurer may also seek subrogation against the dog owner’s insurer.

Reporting Dog Bites in California

If you’re bitten by a dog, report the incident to local animal control and/or the police as soon as possible. Provide detailed information about the dog and owner. In California, medical professionals are required to report dog bites they treat to local health officers. Biting dogs must be quarantined and observed for rabies.

Prior bite reports and a history of aggression can greatly impact the strength of your legal claim against a dog owner.

Getting Legal Help for Dog Bites

Navigating a dog bite claim can be complex, especially when dealing with an owner’s defenses or an insurance company’s tactics. At LA Dog Bite Law, we’re here to help you understand your rights and pursue fair compensation for your injuries. Our experienced attorneys can investigate your case, gather evidence, handle communications with the other side, and fight for your interests in court if needed.

If you or a loved one has suffered a dog bite in California, don’t hesitate to get legal advice. Contact us today for a free consultation and case evaluation. We’ll listen to your story, explain your options, and work tirelessly to get you the best outcome possible.