Dog bites can be painful and traumatic. In California, the law has specific rules for liability and compensation when a dog bites someone. If you've been bitten by a dog or are a pet owner facing such an incident, understanding California’s dog bite laws is important before filing a claim.
Let’s break down California’s dog bite laws, what you need to know before you file a claim, and how Steinberg Injury Lawyers can help you navigate the process and get the compensation you deserve.
What are Dog Bite Laws in California?
California has strict liability laws for dog bites, which means a dog’s owner can be held responsible for injuries caused by their dog, even if the dog has never bitten anyone before or has shown aggression. According to California Civil Code Section 3342, a dog owner is strictly liable if their dog bites someone, regardless of the dog’s prior behavior.
This is different from many states where negligence must be proven to establish fault. Strict liability makes it easier for victims to get compensation because there’s no need to prove the dog owner was negligent. However, there are exceptions, such as if the victim was trespassing or provoked the dog.
Public vs. Private Property
The law also distinguishes between public and private property. If the bite occurs on public property, strict liability applies. However, if the bite occurs on private property, the dog owner’s liability may depend on whether the victim was allowed on the property or was trespassing.
Dog Bite Claim Considerations
When filing a dog bite claim in California, several factors can affect the outcome of your case. Here are some key points to consider:
1. Does the Dog Have a History of Aggression?
Although California law doesn’t require proof of a dog’s aggressive past it can still help your case. If the dog has bitten someone before or shown signs of aggression, it can demonstrate that the owner was negligent in controlling the dog.
2. What Was the Dog Owner’s Responsibility?
California law holds dog owners responsible for making sure their pets don’t harm others. This includes making sure the dog is confined or restrained, especially if the dog has shown aggression. If the owner failed to do so they may be held liable for the injuries.
3. What Were the Victim’s Actions?
Sometimes the victim’s actions can affect the outcome of the case. For example if the victim provoked the dog by teasing or making sudden movements, the dog owner may not be fully responsible. California law takes into account whether the victim’s behavior contributed to the incident.
California’s Strict Liability Law for Dog Bites
California’s strict liability law means victims don’t have to prove negligence or prior aggression. The mere fact that the victim was bitten is usually enough to establish liability.
However, there are important exceptions:
- Trespassing: If the victim was on the dog owner’s property without permission, the owner may not be liable. For example, if someone was trespassing or involved in illegal activity, strict liability might not apply.
- Provocation: If the victim provoked the dog, the dog owner may not be liable. This could include teasing or physically harming the dog.
Although California’s strict liability law makes it easier for victims to file claims, understanding the exceptions is crucial for both victims and dog owners.
Dog Bite Claim Factors
When evaluating a dog bite claim, several key elements will be considered to determine the severity of the injury and compensation amount:
1. Medical Evidence
The extent of the injuries, medical treatment required and potential long term effects (like scarring or emotional trauma) are critical in determining the value of your claim. Detailed medical records and treatment documentation are essential for supporting your case.
2. Witness Statements
Witnesses can provide valuable insight into what happened before the bite, the dog’s behavior and the victim’s actions. Their statements can corroborate the victim’s version of events.
3. Dog’s History and Behavior
Evidence of prior bites or aggression can strengthen your case, showing the owner was negligent in controlling the dog.
4. Impact of Injuries on the Victim’s Life
The severity of the injury whether it caused permanent disfigurement, PTSD or emotional distress will affect the compensation awarded. The more severe the injury, the higher the potential compensation.
Dog Bite Defenses in California
Although California’s strict liability laws favor victims, dog owners may raise defenses to reduce or eliminate their liability. Here are some common defenses:
1. Trespassing
Dog owners may argue the victim was trespassing and wasn’t legally on their property. If the victim entered the property without permission or was involved in criminal activity this could negate liability.
2. Provocation
If the victim provoked the dog (e.g., taunting or physically harming the dog), the dog owner may not be liable. California law doesn’t hold owners responsible if the victim provoked the dog.
3. The Dog Was on a Leash
Dog owners may argue their dog was under control at the time of the attack, especially if the dog was leashed. However, the strict liability law generally overrides this defense if the dog bit someone while being under the owner’s control.
Being prepared for these defenses can help your case. Working with an experienced attorney can help you navigate these challenges and win your claim.
What to Do After a Dog Bite in California
If you’ve been bitten by a dog, act fast for the success of your claim. Here’s what to do:
- Get Medical Attention: Even if the bite seems minor, see a doctor immediately. Dog bites can cause infections and prompt medical attention provides important documentation for your case.
- Report the Incident: Report the bite to local animal control or police. This creates an official record of the incident and may trigger an investigation into the dog’s behavior.
- Document the Injury: Take photos of the injury and keep detailed records of all medical treatment. This includes doctor’s notes, hospital visits and prescriptions, all of which will help your case.
- Get Witness Statements: Get contact information from anyone who witnessed the bite. Their statements will help your case.
- Don’t Talk to the Dog Owner: Avoid talking to the dog owner, their insurance company or anyone else involved in the case until you’ve spoken with an attorney.
Anything you say can be used against you.
How to File a Dog Bite Claim
Once you have your evidence, you can file a claim. Here’s how:
- Gather Evidence: Collect medical records, photos of your injury, witness statements and reports from animal control or police.
- File the Claim with the Dog Owner’s Insurance: Most dog owners have homeowner’s insurance that covers dog bites. Your attorney will file the claim with the owner’s insurance company, which may cover medical bills, lost wages and other expenses.3. Negotiation and Settlement: The insurance company may offer a settlement. Your attorney will review the offer to make sure it covers all your medical bills, lost wages and pain and suffering. If the offer is low, your attorney can negotiate or advise you to go to court.
- File a Lawsuit (If Necessary): If a fair settlement can’t be reached, your attorney may file a lawsuit. California has a two-year statute of limitations for filing a personal injury lawsuit, so act fast.
How Steinberg Injury Lawyers Can Help You
If you or a loved one has been bitten by a dog in California, an experienced dog bite attorney can make a big difference in your case. Steinberg Injury Lawyers specializes in dog bite cases and will guide you through the process to get you the compensation you deserve.
What You May Be Entitled To
If your dog bite claim is successful, you may be entitled to:
- Medical Expenses: This includes immediate and ongoing medical bills, surgeries, physical therapy and prescriptions.
- Lost Wages: If your injuries prevent you from working you may be compensated for lost income and future earning potential.
- Pain and Suffering: Compensation for physical and emotional pain caused by the injury.
- Emotional Distress: If the bite caused psychological harm such as PTSD or anxiety you may be entitled to compensation for emotional distress.
- Punitive Damages: In rare cases, if the dog owner was reckless or negligent, the court may award punitive damages as a form of punishment and deterrence.
Statute of Limitations for Dog Bite Claims in California
In California, there is a statute of limitations that sets the time limit for filing a dog bite claim. For personal injury cases, including dog bite incidents the statute of limitations is generally two years from the date of the injury. This means you must file a lawsuit within two years of the dog bite to preserve your right to compensation.
If you fail to file your claim within the two-year period, you may lose your right to compensation entirely. Note this time frame applies regardless of the severity of the injury. Even if your injuries were severe and you need significant medical care, you must act within the statute of limitations. In some cases, the statute of limitations may be extended or “tolled” if the victim is a minor or if the dog owner is out of state. However, in most cases, it’s best to file as soon as possible to avoid missing the deadline.
Given the strict nature of this time limitation, it’s wise to consult with a qualified attorney as soon as possible after the dog bite occurs. Your attorney will make sure your claim is filed in time and all necessary documentation is gathered.
Why You Shouldn’t Wait to File a Dog Bite Claim in California
While it may be tempting to delay filing a claim after a dog bite, doing so can have serious consequences. Here’s why you should avoid waiting to take legal action in California:
- In any personal injury case, evidence is key. In dog bite cases, the circumstances surrounding the attack, such as witness testimony, the condition of the dog and the site of the incident can all help support your claim. However over time, physical evidence can deteriorate and witnesses may forget key details. Delaying the claim may make it harder to gather the necessary evidence to prove your case.
- Even if your dog bite injury seems minor at first it may worsen over time. Complications like infections, nerve damage or emotional trauma may emerge later. Delaying your claim may cause you to miss the opportunity to address these conditions in your lawsuit. The sooner you file your claim the more likely you will be able to include all related injuries in your case.
- The longer you wait to file your claim the more stress you may face as you deal with medical bills, lost wages and emotional distress from the dog bite. Filing sooner helps expedite the claims process and reduces the financial and emotional burden on you and your family. Filing quickly is key to getting what you’re owed.
With Steinberg Injury Lawyers you can move forward confidently, knowing your case is in good hands.
Call Steinberg Injury Lawyers Today if You Were Bitten By a Dog
Understanding California’s dog bite laws and how they apply to your case is important for victims seeking justice. California’s strict liability laws make it easier to hold dog owners accountable but there are still important factors, defenses and deadlines to consider.
If you or a loved one has been bitten by a dog, you must seek medical attention immediately, document the incident and consult with an attorney. Steinberg Injury Lawyers has the knowledge and experience to guide you through the process and get you the compensation you’re owed.
