Proving dog owner negligence may be important for a dog bite claim in California.
At LA Century Law, our lawyers handle dog bite claims. Let’s talk about proving owner negligence in dog bite claims.
Owner Negligence in California Dog Bite Claims
Owner negligence is one way to prove liability for a dog bite in California. If an owner doesn’t take reasonable steps to prevent harm, they may be negligent. California law recognizes strict liability claims, too. Proving owner negligence is not always required for a dog bite claim.
Negligence is a common basis for animal attack and injury claims that are not specifically related to dog bites. Negligence may also be the basis of a claim based on premises liability.
Proving negligence in a dog bite claim
To make a claim based on negligence, the plaintiff must prove:
- The defendant (respondent) had a duty of care to the plaintiff.
- A breach of duty of care occurred. The defendant acted in an unreasonable way to allow the danger to exist.
- The defendant’s breach of duty caused the harm.
If you can prove these things, you can prove negligence. You then identify damages and the appropriate compensation.
Is proving negligence required for a California dog bite claim?
Remember that negligence is NOT a required element in many California dog bite claims.
California Civil Code § 3342 says that a dog owner is liable for a bite if the person was in a public place or lawfully in a private place. § 3342 might not apply when:
- The defendant named is not the dog owner
- The victim was injured but not bitten
- A claim is based on § 3342.5—an owner did not fulfill their duty to take reasonable steps to remove dangers when an animal has bitten.
When a claim asserts negligence, you must prove what the responsible party did or failed to do that was unreasonable. You then show that their actions resulted in the bite.
What Constitutes Negligence in California Dog Bite Cases?
Negligence may apply to a first-party dog owner or a third party who has the right to control the dog. A non-owner defendant may have the means to control the animal or the property the animal is on.
For example, in Salinas v. Martin, 166 Cal.App.4th 404, (Cal. Ct. App. 2008), the court ruled that a respondent had a duty of care when a pit bull was present on their property with express permission. There was contradicting testimony about the dog’s viciousness. The pit bull attacked a person, biting them repeatedly.
Common Evidence Used To Prove Owner Negligence
- How the dog was restrained—cages or fences used
- The leash used to restrain the dog
- Dog’s history of aggressive behavior
- Medical history of the dog
- Training given to the dog
- Layout of the property where the bite occurred
- Reports made to the landlord or other party allowing an animal on the property.
- Instances of the dog getting out on prior occasions
- Witnesses describing the location and actions of the dog before the bite
- Information about the dog’s whereabouts and the location of the victim before the bite
- Allowing the dog to roam freely where others may be present
- Prior citations for not following dog laws
- Lack of supervision provided to animals
- Complaints to local authorities about animals kept by the owner
- Admissions of the owner
Proof may be made by calling the dog owner as a witness. There may be third-party witnesses who provide testimony. Witnesses are often reluctant, especially when they are friends and family of the party responsible. However, a lawyer can help you effectively question witnesses and present evidence.
How Prior Aggressive Behavior Impacts Dog Bite Claims
One way that a plaintiff can demonstrate negligence is with examples of prior aggressive behavior. This information may be gathered in discovery by inquiring about veterinary treatment, and previous insurance claims related to bites, and by asking questions of the other party under oath.
Aggressive behavior may be one part of proving negligence. By itself, it might not be enough. However, it’s not always required. A lawyer can help you examine the facts and the proof needed for your case.
Leash Laws and Their Role in Proving Negligence
While most California counties and municipalities have leash laws, there is no statewide law. If there is a law, failing to follow it can be strong evidence of negligence. However, a party may be negligent even if there is no law.
Legal Strategies for Holding Dog Owners Liable
Legal strategies for holding a dog owner liable should include naming the appropriate legal grounds for a claim, identifying California and local laws that may apply, and anticipating defenses.
Naming the right defendant—landlord and tenant
One key consideration in negligence dog bite claims in California is identifying the defendant.
The owner or party in control of the dog may be liable. In cases of landlord-tenancy and animal caregivers, there may be a question of who the responsible party is. For example, in Jacobson v. Chesonis, No. E047449 (Cal. Ct. App. Jan. 21, 2010), there was a question of whether the property owner was responsible when a tenant owned and kept the dog.
Even when a landlord relinquishes possession of property to a tenant, they may still be liable if they have actual knowledge of a dangerous condition, accompanied by the right and ability to cure the condition. See Salinas, above.
Responding to allegations of comparative negligence
Another way that negligence may be important in a California dog bite claim is the defense of comparative negligence. Proving negligence may include fighting the assertion that the victim is partially responsible.
Even in factual circumstances creating statutory liability, the assumption of the risk and contributory negligence still apply. Johnson v. McMahan, 68 Cal.App.4th 173 (1998).
Comparative negligence may apply in claims based on negligence or strict liability. McDaniel v. Witschi, No. F053783 (Cal. Ct. App. Sep. 26, 2008).
Contact an Experienced San Bernardino Dog Bite Lawyer
Do you have questions about how to prove owner negligence in a dog bite claim? At LA Century Law, our experienced San Bernardino dog bite lawyers have recovered millions for our clients.
Contact us today.