There are more dog bites in California than in any other state. In 2022, there were 48,596 emergency room visits in the state due to dog bites and more than 2,000 insurance claims. In California, 77% of all reported animal bites involve domestic dogs.
Dog bites costs the California economy millions each year.
Despite these grim statistics, dog bite laws in California protect victims. It’s important to understand the law so you can receive the compensation you deserve.
The experienced San Bernardino dog bite lawyers at LA Century Law explain the California dog bite law.
How To Understand the Dog Bite Law in California
- California has a statutory dog bite law, California Civil Code § 3342.5.
- The law creates strict liability for a dog owner for a dog bite.
- A lack of bite history or lack of owner knowledge of the dog’s vicious tendency is not a defense.
- Liability may exist even when the dog is on the owner’s property if the person bitten was lawfully present.
- There are defenses that may apply to a dog bite claim, such as contesting ownership of the dog or arguing that the dog was provoked.
- Many claims are settled through personal liability insurance.
- You may file a legal claim in court to seek compensation.
- A lawyer for dog bites may represent you in insurance negotiations and the formal legal process.
Note: This is the law for California. Dog bite laws vary from state to state, so if a different state’s laws apply to your case, your rights and case value may be different.
California’s Strict Liability Rule for Dog Bites
California dog bite law is strict liability, meaning you don’t have to prove that the dog owner did anything wrong that allowed the bite to happen. You don’t have to prove the person let the dog run free or knew the dog was aggressive. It’s enough that the person owns the dog. Liability is strict, or without legal excuse. But there are still some defenses that apply.
Cal. Civ. Code § 3342 says that a dog owner is liable for damages suffered by any person bitten by the dog, whether or not the person bitten is in a public place or lawfully in a private place. The person must have been present with the express or implied invitation of the owner or while performing any duty imposed by law.
Police and military dogs
The California dog bite strict liability law does not apply to military and police dogs in the performance of duty, unless the person bitten was not involved in the police matter.
Who Can Be Held Liable for a Dog Attack?
Parties who can be held liable for a dog attack are:
- Dog owner
- Person watching or caring for the dog
- The property owner where the dog attack occurred
- Landlords
A lawyer can provide guidance about who may be liable and how to claim compensation.
Common Defenses Used by Dog Owners
Provocation
Common defenses used by dog owners are provocation and trespassing. The provocation defense accuses the victim of doing something that prompted the dog to bite. Provocation can limit the victim’s recovery or prevent it entirely. The extent to which the victim caused the dog to bite is a fact-oriented question, so it’s important to build the evidence.
Trespassing
A defendant might say that California’s strict liability dog bite law doesn’t apply because the victim was trespassing. There may be a dispute about whether the person had the right to be on the property. Generally, friends, guests, people performing service, and delivery drivers are lawfully present by express or implied invitation.
A trespasser may still have a dog bite claim, but they must prove negligence and will have to fight allegations of contributory negligence. Ask an attorney for a personalized evaluation.
Legal Rights of Dog Bite Victims in California
Dog bite victims in California have important legal rights. They may seek compensation through legal claims and have the right to a trial. They may access the legal system to engage in discovery and other case development.
Dog injuries other than bites in California
Bites are not the only way that dogs cause injuries. They can scratch, jump, or push. They can run in someone’s way, causing a fall.
While California has strict liability for dog bites, strict liability does not extend to injuries from other causes. If you’re hurt by a dog, but not from a bite, you must prove the dog owner’s negligence. This is a harder standard, but not impossible. You must show what the dog owner did or failed to do that resulted in the incident and injuries.
Compensation Available for Dog Bite Injuries
A dog bite injury victim may claim both economic and non-economic compensation.
They may seek a monetary award addressing immediate medical bills, medical supplies, therapy, and follow-up medical care. They may seek compensation for lost work, property damage, and other financial losses. In addition, they may pursue non-economic compensation, including for pain and suffering, mental anguish, and scars.
Reporting a Dog Bite to Authorities
California regulations require that all dog bites be reported to local animal control or health officials. Officials will investigate and will likely quarantine the dog for 10 days of observation, checking for rabies and other health issues. They will also review the dog’s vaccination records.
Cal. Civ. Code § 3342.5 says that a district or city attorney, or any person, may bring an action to determine the danger of a dog. The dog must have bitten on two separate occasions to be the subject of an action. The court may order the removal of the dog or its euthanasia.
The law does not apply if the victim was a trespasser or if the dog was doing military or police work.
If the dog is trained as a fighting dog, only one substantial injury is required to be the subject of an action.
Contact an Experienced San Bernardino Dog Bite Lawyer
Are you looking to understand dog bite laws in California? Contact an experienced San Bernardino dog bite lawyer at LA Century Law.
We’re taking new cases now. Call or message us now to see what your case may be worth and how the laws apply.