What You Need to Understand about the California Dog Bite Law

Dog bite incidents are increasing in California. Hospitalizations and ER room visits stemming from dog attacks have risen significantly in the 2020s. It might be happening because more people are keeping vicious breeds like Pitbulls at home (they are responsible for two-thirds of dog attacks in the US). Dog attacks have become a serious concern after the pandemic.

California stands out as a state with a very high volume of dog bite incidents. In fact, it’s the US state with the most dog bite events, followed by Florida, Texas, and Michigan. If you or your loved one was attacked by a dog in California, you can file a lawsuit against the owner for compensation. But first, you should understand how the California dog bite law works. Is there even such a law in California? How do you use this law to file a genuine lawsuit?

This blog explains it all. Strict liability laws in the Golden State hold the owner responsible for dog bites in different situations, regardless of the canine’s prior behavior. But there are some exceptions. Learning all these subtleties will help you demand compensation confidently.

Just make sure you have a strong legal team backing your claim. These lawyers will do all the necessary investigative work on your behalf and help you easily get compensated.

Understanding the California Dog Bite Law

Data shows that over 48,000 Californians visited the ER in 2022 for dog bites, a 70% increase in these visits since 2005. Around 20k people are bitten by vicious canines in LA County alone every year. Compare it with 4.5 million dog bite cases that happen nationally.

A “dog bite” legally means an injury you get from a dog when its teeth come into contact with your body. This legal definition includes traditional bites that break your skin and also events where the dog clamps down on your clothing or skin without breaking it. If a Dachshund has grabbed your pant leg with its teeth and bites hard enough to cause nerve damage without breaking the skin. These bruises & wounds qualify as a dog bite under the law.

This expansive definition is intended to protect victims like you from different injuries coming from dog bites, not just skin lacerations. Check out this table about animal attacks:

The Strict Liability Principle in Dog Bite Cases

The Golden State follows a strict liability rule when it comes to dog bites. This means that an owner is legally responsible for the injuries their dog has caused to another person. It doesn’t matter if the dog has shown aggression before or if the owner was negligent. Victims do not have to prove the owner’s negligence or the dog’s aggressive past after getting bitten.

But then what do victims need to show? As a victim, you’ll prove that your injury took place under protected circumstances, such as a public place or private property where you were legally present. The California dog bite law simply aims to make sure that dog bite victims are getting compensated for their pain & suffering, while dog owners are learning to be more vigilant in controlling their pets. But not all states treat dog bites the same way!

Around 36 US states follow strict liability rules. But states like Texas, Oregon, Vermont, New York, Idaho, and others follow the one-bite rule. This rule requires proof of prior aggression before holding the dog owner responsible for your bruises. But Californian dog owners are held liable even if it’s the dog’s very first bite, protecting innocent victims in all situations.

California Civil Code Section 3342

The foundation of the dog bite law in California is the Civil Code Section 3342. You can read the whole thing in the picture pasted here. It clearly states: “The owner of any dog is liable for damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private place.” That’s why California is the most victim-friendly state for dog bite plaintiffs. But even this strict liability law has some exceptions:

• Biting Trespassers: Dog owners are generally not liable for bites if the person bitten by their canines was trespassing on private property without permission. Trespassers can still sue the dog owner if they feel like they are owed compensation.
• Police or Military Dogs: Police and military dogs engaged in official duties typically don’t trigger strict liability for the dog owner. These dogs have certain protections as per the law when they are performing their law enforcement tasks.
• Attacking Vets: Veterinarians and their assistants (also, other animal care workers) bitten by dogs when they are handling or treating these animals don’t hold the owner strictly liable because the law recognizes that this profession has inherent risks.

What Constitutes “Public Place” and Legal Right to Be on Private Property

If you want to apply strict liability, your bite must take place in a “public place,” or where you are “lawfully” present (on private property). Public places include sidewalks, shopping areas, parks, and streets. Anywhere the general public has access is included. Your presence on private property is lawful if you’re a resident, invited guest, delivery worker, utility employee, postal carrier, or someone similar, i.e., who went there with the property owner’s consent.

If you were trespassing without the property owner’s permission, the dog owner can’t be held strictly liable under the statute. However, you can still bring a negligence claim if the dog owner was acting carelessly. Therefore, the California dog bite law protects people with a legal right to be where the bite took place, holding owners accountable in these contexts.

Differences between Bite & Non-Bite Injuries

• Bite Injuries: These injuries happen when the dog’s teeth make contact with you. If your skin doesn’t even break, it’s still a bite-inflicted injury. The law defines a dog bite to include injuries like bruising, nerve damage, and even a canine grabbing clothing without breaking skin. Dog owners are strictly liable for bite injuries in public places or where you have a legal right to be present. The dog’s prior aggression doesn’t have to be established here. The owner’s negligence is also of no import in this case.
• Non-Bite Injuries: These wounds include events like a dog knocking someone over, causing a fall. If a dog frightens your elderly grandmother, who then hurts herself, it’s a non-bite injury. These injuries, sadly, don’t fall under the strict liability statute. You need to establish the owner’s negligence in these cases, i.e., the owner didn’t control the canine or violate leash laws. That’s why non-bite injuries are harder to prove, and you may not get the compensation you deserve (unless you have good lawyers).

California Dangerous Dog Laws

A Californian canine is classified as potentially dangerous if it has bitten or attacked a person (or domestic animal) without provocation, causing less severe injuries; these attacks must’ve happened on two separate occasions within a 36-month period. If it kills or seriously injures a domestic animal off the owner’s property, it may also be labeled as potentially dangerous.

On the other hand, a dog is deemed vicious if it has inflicted severe injuries on someone or killed a domestic animal. If it has been declared potentially dangerous but continued with its unprovoked attacks, or is kept in violation of specific legal sanctions, it’s also vicious. When a dog is classified as vicious, it means that this canine has become a threat to public safety. Sometimes, a vicious dog may be put down (“euthanized”) after a proper hearing.

What Classifies a Dog as Dangerous/Vicious

A normal dog can get the label of “Dangerous” or “Vicious” based on its attack frequency.

• Two or more unprovoked incidents causing injury (less severe) within 36 months = Potentially Dangerous
• Severe injury or death caused by the dog = Vicious
• Repeated dangerous behavior after a previous warning = Vicious

Training dogs to fight or attack can lead to a classification as vicious under California law.

Dog Bite Victims’ Legal Rights and Protective Measures

An old man was out for his morning walk on a Saturday in Norwalk (LA County). Suddenly, two Rottweilers attacked and mauled him before he was rescued by bystanders, who called 911, but the old man succumbed to his injuries. Similarly, an Ohio man was arrested when his Terriers “tore apart” his 3-year-old daughter in his apartment, possibly because she was living there for the first time and her scent was alien to the canines. What happens if you or your loved ones are attacked by dogs? Know your legal rights and protective measures.

Overview of Legal Protection for Victims

California’s dog bite laws impose strict liability on dog owners. In other words, the individual owning the dog that bit you will pay you damages for your bite-induced injuries, whether you were on public or private property when the canine attacked you. It doesn’t matter if the dog had previous aggressive behavior. The owner’s negligence is also inconsequential here.

Did a dog attack you, or was it someone you know and care about? Dog bite victims can sue for compensation for their medical bills, lost wages, pain and suffering damages, emotional distress, disfigurement, and other related damages. You merely have to show that you were legally present there when the dog bit you. This strong protection encourages prompt & fair compensation for injury victims. Just make sure you have amazing lawyers by your side.

Limits of Protections for Trespassers: How Negligence Claims Arise

If you were trespassing, the California dog bite law doesn’t impose strict liability on the dog owner. For instance, a criminal is bitten while unlawfully on private property without getting the owner’s permission. The dog owner won’t be held strictly liable, but the focus is on the word “strictly” here. The trespasser may still pursue compensation if they can prove that the dog owner was negligent. You need to look at the spirit of the law in these cases.

After all, dog owners are not allowed to execute criminals or potential thieves. We have an interesting example from Brentwood where a woman in her twenties shoplifted from a mall, fled from the cops, and was then attacked by a K-9 that bit her scalp off. It shows that even criminals who suffer quite painfully at the hands of dogs are liable for compensation.

Special Considerations for Children and Vulnerable Individuals

Children, old folks, disabled individuals, or adults experiencing chronic ailments face higher risks of serious injuries from dog bites. California law recognizes this fact, offering additional legal attentiveness due to the disproportionate physical & emotional impact on these certain groups. If your loved ones belong to these groups, courts may consider factors like the kid’s inability to foresee risk and the dog owner’s negligence to grant you better compensation.

Underage victims have extended timelines to bring their claims (statutes of limitations) and may receive damages reflecting their non-economic suffering. This suffering includes cases like trauma and diminished quality of life. Typically, the statute of limitations in dog bite cases is two years in California. But your individual and unique case may extend it.

Your Compensation as per the California Dog Bite Law

Economic vs. Non-Economic Damages

• Economic Damages: This money compensates you for your quantifiable financial losses stemming from your dog bite. It includes your medical bills, future treatment expenses, lost wages from missed workdays, costs related to property damage, and other things.
• Non-Economic Damages: These losses don’t have a direct dollar amount, but they still impact your quality of life. They include your pain & suffering, emotional distress, permanent disfigurement, or loss of enjoyment of life.

Examples of Compensation Amounts

Settlement amounts vary widely depending on injury severity, owner liability, and insurance coverage (among many other factors). Our estimates are simply based on the data we have here; these estimates may fluctuate based on your case’s unique factors, such as the age of the victim and emotional harm. So, it’s better if you consult us directly.

The Key Role of Legal Counsel in Maximizing Compensation

Experienced dog bite attorneys play a key role in helping dog attack victims make sense of the Golden State’s complex legal procedures. Gathering evidence, talking to eyewitnesses, negotiating with insurance companies, and presenting evidence before the jury; these tasks require the expertise of attorneys who specialize in dog bite cases. We at Rio Law are here to help; we will help you pursue maximum compensation.

How to Pursue a Dog Bite Claim in 5 Steps

1. Consultation: You can start with a free consultation with Rio Law to determine the eligibility of your case and learn your legal options.
2. Investigation: This stage involves gathering medical records, witness statements, evidence of the dog’s aggression, the owner’s negligence, etc.
3. Negotiation: We will then draft a settlement demand sent to the insurance company of the dog owner. They will negotiate with us.
4. Lawsuit: If a settlement fails, we’ll file a proper lawsuit. The case will proceed via discovery, motions, and potentially trial.
5. Trial/Settlement: Most dog bite cases reach a conclusion before trial. But lawyers prepare for trials to advocate for your rights. That’s what we’ll do as well!

Woman critically injured in vicious dog attack | FOX 5 News 

Tips for Dog Bite Prevention (for Both Owners and Victims)

How Dog Owners Can Prevent Dog Bite Incidents

Dog owners in California have a legal and moral duty to prevent their dogs from injuring others. If you are a dog owner, your responsibilities include:

• Restrain Your Pet: You need to keep your dog on a leash in public. Confine them on private property to make sure they don’t escape.
• Socialize the Animal: Give obedience training to your dog. Socialize them to reduce their aggression. If possible, neuter your dogs to make them less aggressive.
• Warn Other People: You should post clear signs or verbally warn visitors if a dog has known aggressive behavior.
• Comply with Local Laws: Always follow your local leash laws, vaccination needs, and restrictions on certain breeds.
• Respond Immediately: If your dog bites someone, you should remove it from the scene and provide aid to the victim. Exchange information and notify cops right away.

Tips to Avoid Dog Bite Injuries in Public & Private Settings

If you ever find yourself face to face with a dangerous animal, you should do this:

• Always Stay Alert: You should be cautious around unfamiliar dogs. If they are not on leash or behind fences, keep your distance from them (and an eye on them).
• Don’t Make Sudden Moves: Don’t run or make sudden gestures that could provoke a chase. No matter how cute they look, dogs are still meat-eating animals.
• Teach Safety to Kids: Teach kids not to approach unknown dogs and avoid direct eye contact. Tell them to stay calm if the dog approaches them.
• Ask for Permission: Always ask dog owners’ permission before petting the dog. If permitted, you should approach the dog calmly; that’s how you make sure the dog knows you mean no harm.
• Don’t Provoke the Animal: Refrain from actions that may scare or threaten a dog, such as loud noises or grabbing.

Case Study: $20.8 Million Jury Award for California Dog Attack (2021)

Background

A tragic dog attack took place in Grover Beach (San Luis Obispo County) in 2016. Neo was a retired Belgian Malinois police dog. Its owner was an ex-cop named Alex Geiger. On that December morning, Neo escaped from Geiger’s backyard kennel and attacked David Fear (64) and his neighbor Betty Long (86). They were both standing outside their homes.

Fear tried to protect Long (who was attacked first) and eventually died of his injuries 4 days later. He was found fatally mauled by the dog’s attacks. Long survived but suffered severe injuries. She experienced emotional trauma after seeing her neighbor die in the attack.

Legal Proceedings and Verdict

The survivors (Fear’s family and Long) then filed a lawsuit alleging negligence and improper handling of Neo by its owner, Geiger, and the police departments involved in this case. The jury awarded $7 million to Fear’s grown children and $13.8 million to Long, totalling over $20 million. The jury recognized the physical and psychological damages from the dog bite.

Moreover, $12 million out of Long’s compensation was awarded to her for emotional distress and loss of enjoyment of life. It reflected the dog attack’s profound impact on her wellness. A few key points in the Fear-Long lawsuit that you need to consider as a victim are these:

• Neo had a history as a police K9, was a high-risk dog that should not have been treated as a pet
• The dog escaped multiple times on the day of the attack, highlighting failures in securing and containing the dog
• Geiger and the police department were criticized for poor training and protocols for handling such high-risk dogs

Importance and Impact

This case marks the first known fatality involving a Belgian Malinois in the US. It highlights serious gaps in handling retired police dogs. The severe jury award sent a strong message about public safety and accountability for animal control, especially with security dogs.

Sadly, however, the award was later overturned on appeal. The case, nevertheless, sparked discussions about stricter regulations on rabid dogs, the responsibilities of public officials in animal control, and the legal protections deserved by dog attack victims. It underscored the legal principle that dog owners must adhere to stringent standards to protect the public.

Get Compensation for Your Injuries by Hiring Expert Lawyers

Responsible dog ownership is key to community safety, but when accidents happen, we at Rio Law are here to hold owners accountable and stand by victims throughout every step of their case. Call Rio Law now or fill out our online form to get started on securing the justice and financial recovery you deserve. Trust our expertise in this niche!

Your fight is our fight; let’s help you take that 1st step toward recovery.