Dog Bite Injury Lawsuits in California
California's Civil Code 3342 CC imposes “strict liability” for dog bites, a law that stands out from those in other states. This means that dog owners are liable for injuries to third parties any time their dog bites someone, regardless of the dog's history of biting or aggressive behavior.
It's important to note that there are exceptions to this rule, such as the Veterinarian's Rule. This rule states that a veterinarian who is treating a dog and is bitten by that dog is not considered a third party under the law.
Dog bites can be both physically and emotionally traumatizing, leaving victims with scars that may last a lifetime. Suppose you or someone you love has experienced a dog bite in California. In that case, it's important to remember that the law is designed to protect you, providing a sense of security and support during such a challenging time.
The state's legal framework recognizes the seriousness of these incidents and provides clear pathways for victims to seek compensation for their injuries and losses. At the Injury Justice Law Firm, we understand the pain and disruption that dog bites can cause. We are here to help you obtain the compensation to which you're legally entitled, making you feel heard and cared for.
In a dog bite lawsuit, you can sue for the amount that compensates you for your losses. This includes your medical expenses, lost income, and pain and suffering. On average, this is about $50,000 for dog bites unless your injuries are extensive.
Several factors will influence how much you recover, but rest assured: We will work tirelessly to secure the compensation you deserve, giving you a sense of security and confidence.
Dog bite lawsuits are considered personal injury claims. These lawsuits demand compensation for the losses that you have sustained, called legal damages. Your medical bills include those you have already paid and the costs of medical care that you will need in the future.
Similarly, your lost income includes past and future losses. You can sue for the income that you have already lost while you recovered from the dog attack. You can also sue for the reduced earning capacity that you have sustained due to any disabilities from the bite. Reduced earning capacity refers to the potential income you may lose in the future because your ability to work has been affected by the dog bite.
The most important factors that can influence how much you can sue for a dog bite are the extent of your injuries, your shared fault for the dog bite (for instance, if you were teasing the dog or if you were in an area clearly marked as off-limits due to a dangerous dog), and whether there is enough insurance coverage.
In California, victims of dog bites can obtain compensation based on negligence. All dogs have the potential to bite someone, and owners are responsible for their pets. This means dog owners can be held liable even if their dog has no prior attacks or a history of violence.
Liability for Dog Bites in California
California has one of the highest rates of dog bite injury claims in the United States. Children are especially vulnerable as they are not typically able to defend themselves or recognize a dangerous situation with an aggressive dog quickly enough. Statistically, children make up around 75% of dog bite victims.
Animal attacks can cause severe and debilitating injuries to the victim, both physical and psychological. In many cases, victims of dog bites are scarred for life and develop a phobia or other crippling emotional symptoms.
The dog owner is liable for damages suffered by an individual who was bitten by their dog in a public place or even lawfully in a private place. California takes a strong stance on dog bite incidents. Under California Civil Code Section 3342, dog owners are held strictly liable for the damages caused by their pets.
This means that if a dog bites someone in a public place or even in a private space where the victim was legally present, the owner is responsible for paying for any damage or loss caused to the individual—even if the dog has never shown aggressive tendencies in the past. The only exceptions to this are:
- If you blatantly provoked the dog,
- If you were trespassing at the time, or
- If the dog was actively protecting the owner or their family from a perceived attack.
The law also exempts owners of dogs used in government service (e.g., military, law enforcement) while the dogs are acting in the performance of their duties.
To clarify, strict liability under California law does not require the victim to prove negligence or prior knowledge of the dog's potential to harm others. The focus is simply on whether the bite occurred and whether the victim had a legal right to be where they were when it happened.
Types of Injuries Caused by Dogs
Dog bite injuries can vary widely in severity, from minor wounds to life-threatening conditions. Even seemingly minor wounds can result in complications that require medical attention. Below are some of the most common types of injuries seen in dog bite cases:
- Puncture Wounds: Dog bites often penetrate deep into the skin and muscle tissue, leading to puncture wounds. These injuries can cause significant pain and may require stitches or surgical intervention to repair.
- Lacerations and Scarring: Larger or more forceful bites can tear the skin, leaving behind extensive lacerations that sometimes result in permanent scarring. These visible marks can act as a lasting reminder of the traumatic event.
- Nerve Damage: The force of a bite can sometimes compress or sever nerves, leaving victims with reduced mobility, chronic pain, or numbness in the affected area.
- Bone Fractures: Particularly in attacks involving larger or more aggressive dogs, victims may suffer broken bones, especially in the arms, hands, or legs, as they attempt to protect themselves.
- Infections: Bacteria present in a dog's mouth can introduce infections if the wound is not thoroughly cleaned and treated. Conditions such as cellulitis or even life-threatening infections like sepsis may arise without proper care.
- Rabies: While rabies is rare in the United States, exposure is still a possibility. If the dog's vaccination status is unknown, victims of dog bites may be required to undergo preventative treatment.
- Post-Traumatic Stress Disorder (PTSD) and Emotional Anguish: Beyond physical injuries, dog bites can leave lasting emotional and psychological trauma. Victims—especially children—often develop phobias, anxiety, or nightmares related to the incident.
Types of Damages You Can Claim
Victims of dog bites in California are entitled to pursue compensation to cover the wide-reaching impacts of their injuries. Depending on the details of your case, you may be eligible to claim the following types of damages:
- Medical Expenses: Dog bite injuries often require immediate medical care, hospital visits, surgery, or rehabilitation. Victims may also face long-term treatment costs for scarring, infections, or nerve damage.
- Lost Wages and Earning Capacity: If your injuries prevent you from working temporarily or cause permanent disability, you can seek compensation for lost wages as well as any reduction in your future earning capacity.
- Pain and Suffering: The physical pain and emotional distress caused by a dog bite can significantly impact a victim's quality of life. Damages for pain and suffering are meant to address both the immediate and long-term effects of the incident.
-
Property Damage: If the attack also caused damage to personal items—for instance, torn clothing or broken glasses—you may include these costs in your claim.
Loss of Enjoyment of Life: If the injury has left you unable to participate in activities you once enjoyed, this loss can also be factored into a claims process.
Other Responsible Parties in Dog Bites
While we have discussed the dog owner's liability in dog bite cases, what about cases where the dog was not under the owner's control at the time of the attack? In these types of situations, the dog's caretaker could be held liable for injuries, but it's more difficult.
The caretaker must have prior knowledge of the dog's aggressive tendencies before they can be held liable. This is often difficult to prove but not impossible.
The caretaker could also be held liable if they were negligent in controlling the dog. In some circumstances, a landlord could be held liable if they were aware of a tenant's aggressive dog and had a right to remove them from the property.
A commercial property owner could be held liable for injuries in a dog bite case as they have a legal duty to inspect their property for any dangerous conditions. Other potential parties, such as a homeowner's association, may be held liable, but this would depend on the specific circumstances of the case.
Representation For Dog Bite Victims
We will aggressively pursue all types of compensation available for your dog bite injuries. This includes current and future medical expenses, lost wages, lost earning capacity, lifetime care, punitive damages, pain and suffering, and other losses.
If you or a family member is a victim of a dog bite or other animal attack, call us for a free consultation. We have an in-house private investigator and a videographer who we send out immediately to investigate, secure evidence, interview witnesses, establish the dog's ownership, and obtain the incident report and medical records.
We believe in strategically building a solid factual base, which will enable us to tell a more compelling story on our client's behalf to insurance companies and the court.
Handling a dog bite injury case can often become a complicated legal process that requires immediate skilled representation. Timing is critical in dog bite cases. We will thoroughly review the details of your case and explain potential legal options for recovering compensation.
We believe each client deserves an attorney personally handling their case. We are committed to having injury lawyers directly available to our clients to answer any questions or concerns, unlike others who may assign paralegals and assistants to the daily management of your case.
Our philosophy allows us to personally get to know injured victims so we can strengthen their voices and presence before insurance companies and in court. For more information, contact Injury Justice Law Firm, based in Los Angeles, CA.
Related Content: