California Dog Bite Laws
Definition of "Strict Liability"
Strict liability means the dog owner is liable for any injuries their dog causes, regardless of the dog's past behavior or the owner's knowledge of any potential danger.
Overview of Strict Liability Laws
California's strict liability laws hold dog owners responsible for bite injuries. Under these laws, victims do not need to prove the owner was negligent. Instead, they must show that the bite occurred and caused harm. This approach aims to protect victims by making it easier to claim compensation.
California Civil Code Section 3342
California Civil Code Section 3342 outlines California’s dog bite liability rules. It states that if a dog bites someone on any property, including the dog owner's property, the owner is liable for the damages.
There are exceptions to this law, such as in cases involving trespassing or provocation. Generally, however, this code enforces strict liability, ensuring victims can seek compensation without proving negligence.
Proving Strict Liability for a Dog Bite Injury
To successfully prove strict liability for a dog bite injury in court, a victim must establish these key elements:
- They must demonstrate that the incident occurred within the state of California.
- They were bitten by the dog in question.
- They need evidence that the dog was not provoked at the time of the attack. Such evidence can include eyewitness testimonies or other documentation substantiating the lack of provocation.
- The victim must provide proof of the injuries sustained from the bite. Proof may include medical records, photographs of the injuries, and expert testimony.
Shared Responsibility in a Dog Bite Incident
California’s personal injury system operates on the principle of “comparative negligence.” This rule acknowledges the possibility that both the dog owner and the victim may share responsibility for the incident. If a victim's actions contributed to the bite, such as by provoking the dog, the court might reduce the compensation proportionally.
When the victim and the dog owner share fault, compensation is adjusted based on the percentage of responsibility. For example, if the victim is found 30% responsible, the damages awarded will be reduced by 30%. Therefore, they can receive only 70% of the overall compensation.
Third-Party Liability
Landlords and Property Owners
Landlords and property owners can be held liable for dog bite injuries. A tenant's dog may have a history of aggressive behavior. If the landlord knows about the dog's dangerous tendencies and fails to take reasonable steps to prevent an incident, they could be partially responsible for the bite.
Animal Caretakers or Handlers
Animal caretakers or handlers, such as dog walkers and groomers, can also be held liable. If they were responsible for controlling the dog at the time of the bite and failed to do so, they might be held accountable for the injuries. Their liability arises from their duty to manage the dog's behavior effectively.
When The Victim Can Be Held Responsible
Third parties who taunt or provoke a dog, leading to a bite, can be held liable for the resulting injuries. Actions like teasing, hitting, or otherwise provoking the animal can shift some or all of the responsibility onto the person instigating the dog's aggression.
Injuries You Could Sustain in a Dog Attack
Dog attacks can result in a wide range of injuries, varying in severity from minor to life-threatening.
Common injuries sustained during such incidents include:
- Infections
Due to the bacteria present in a dog's mouth, bite wounds can become infected, leading to complications that could require antibiotic treatment. - Broken Bones
In aggressive encounters, the force of a dog's attack can result in fractures, especially if the victim is knocked to the ground. - Tissue Damage
Severe bites may cause damage to underlying tissues, including muscles, tendons, and nerves, potentially leading to loss of function or sensation in the affected area. - Emotional Trauma
Beyond physical injuries, victims may experience psychological effects such as anxiety, depression, or post-traumatic stress disorder (PTSD) as a result of the attack. Emotional trauma is particularly prevalent in younger victims. They can develop a fear of all dogs or even agoraphobia. - Lacerations and Puncture Wounds
Dog bites often cause deep cuts and punctures, which can lead to significant bleeding. Such injuries may require medical intervention.
Victims must understand the potential injuries associated with dog attacks. This knowledge can impact their legal claims and medical treatment options.
If you’ve been injured by a domesticated dog, Palmer Rodak & Associates can help. To set up a free consultation with our team, contact us online or call our office at (760) 573-2223.
