California Dog Bite Claims Guide
- California’s strict liability law holds dog owners automatically responsible for injuries caused by their dogs in public or on private property.
- Exceptions to liability include non-bite-related injuries, trespassing victims, provocation of the dog, bites by police or military dogs, and expired statute of limitations.
- To claim compensation, victims must prove ownership of the biting dog, lawful presence at the scene, injury from the attack, and direct causation of injuries by the dog.
- California law classifies dogs as ‘potentially dangerous’ or ‘vicious’ for bite cases, influencing liability and compensation amounts.
- Compensation covers economic and non-economic damages like medical expenses, lost wages, and emotional distress.
If you or a loved one has suffered a dog-related injury, you might be overwhelmed and confused about the next steps to take. Can you seek compensation for your medical bills? Who’s responsible for the injuries and other resulting damages? To pursue a successful claim, it’s crucial to learn about California dog bite laws that protect your rights as a victim.
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What Is a Dog Bite in California?
California law defines a dog bite as any incident where a dog’s teeth come into contact with a person and cause bodily injuries. The attack doesn’t have to break the skin or leave a visible wound to be considered a dog bite. For instance, if a dog grabs your shirt and causes you to trip and fall, you might still be eligible for compensation under California laws on dog bites.
The Association of Professional Dog Trainers classifies dog bites into six levels, with the first involving aggressive behavior but no skin contact and the sixth causing death.
Who's Responsible for Dog Bite Injuries Under California Law?
Under California’s strict liability dog bite law, a dog owner is automatically liable for any injuries caused by their dog on public property or private premises where the victim was lawfully present. The owner is liable regardless of the animal’s history of attacks or the owner’s knowledge of its viciousness. Victims generally do not need to prove negligence by the dog’s owner or keeper. Even if an owner or keeper tried to keep their dog away from the victim or apologized, they can still be held responsible for the injuries their dog caused. However, there are a few limitations.
Compared to other U.S. states, California had the highest number of dog injury-related claims in 2022, which explains the need for strict dog bite laws protecting victims’ rights.
Limitations to the Strict Liability Law in Dog Bite Cases
The strict liability rule has a few exceptions that might bar a victim from receiving compensation altogether. Those exceptions include the following:
- Injuries that are not bite-related: Strict liability covers bite-related injuries only. To receive compensation for non-bite injuries—for instance, if a dog caused you to crash while on a bicycle—you may have to prove the owner’s negligence.
- Trespassing on the owner’s property: Strict liability law does not protect dog bite injury victims who were illegally on private property when the attack occurred.
- Provoking the dog: If the dog bite resulted from provoking the animal, the opposition could argue that you were partially or fully responsible for your injuries.
- Injuries caused by a police or military dog: You cannot sue a government agency if a military or police dog bites you when carrying out law enforcement duties.
- The statute of limitations has expired: In California, you have only two years to bring a claim against a dog owner. After the deadline, the court will bar any attempts to seek compensation.
With more than 100 years of combined legal experience, Cutter Law’s dog bite lawyers can help you successfully navigate California law to secure justice.
How To Pursue a Dog Bite Claim in California
While the strict liability rule automatically makes the owner liable for dog-bite-related injuries, there are a few things you must prove to receive compensation for your damages. In cases where strict liability does not apply, you might still be eligible for compensation under a negligence theory.
Proving Liability Under Strict Liability Law After a Dog Bite
To file a dog bite lawsuit in California, you must prove the following:
- The defendant owned the biting dog.
- You were either on public property or lawfully on private property when the attack occurred.
- You suffered injuries or other type of harm from the attack.
- The defendant’s dog substantially caused your injuries.
Proving Liability Under Negligence Law After a Dog Bite
If you were trespassing on private property when the incident occurred or suffered a non-bite injury, you might still pursue compensation by proving these elements of negligence:
- The owner had a duty of care to prevent the dog from causing harm.
- The owner failed to take reasonable action to prevent the attack.
- The owner’s negligence directly contributed to your injuries.
- The incident resulted in tangible or intangible damages.
The Role of Dog Classifications in California Dog Bite Cases
Dog-related injury laws in California classify dogs into two categories for bite cases. These classifications can help victims of dog attacks to prove liability under negligence law and fight for higher settlement amounts depending on the circumstances. The categories are as follows:
- Potentially dangerous: A dog that has engaged in this kind of behavior has elicited defensive action from a person at least twice in the last 36 months or has bitten someone and caused less severe injuries. This category also includes dogs that have seriously bitten, killed, or injured a domestic animal on two separate occasions in the last 36 months.
- Vicious: A dog that inflicts severe injuries or kills a person in an aggressive manner when unprovoked is considered vicious. Dogs that continue exhibiting potentially dangerous behavior even after their owners take preventative action also fall under this classification.
Damages Available Under California's Dog Bite Statutes
The damages you can recover after a dog bite often depend on how heavily the injuries have impacted your life. The award-winning personal injury lawyers at Cutter Law P.C. can evaluate the compensation you’re entitled to, ensuring all your damages are covered.
Typically, dog bite lawsuits result in tangible economic damages and intangible non-economic damages, such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Mental trauma
- Disfigurement
- Loss of life enjoyment
- Survival benefits in case of wrongful death
Steps To Take After a Dog Bite
Your actions after a dog bite can make or break your claim. That’s why we recommend you contact a dog bite attorney as soon as the incident occurs to ensure you’re on the right path.
Taking the following steps will safeguard your right to compensation:
- Seek medical attention even if you don’t have physical injuries.
- Get the owner’s contact details and the dog’s medical history.
- Document the accident scene if possible, including taking pictures and talking to eyewitnesses.
- Report the attack to police or animal control authorities.
- Contact a dog bite lawyer in California for professional advice and support.
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Find a California Dog Bite Lawyer
If you’ve been injured by a dog bite in California, talk with our experienced California dog bite lawyers. We are ready to fight for you and maximize the success of your recovery claim.
We will help you navigate the complex process of filing a dog-bite lawsuit, including negotiating for maximum settlement. And if the dog owner’s insurance is unwilling to offer sufficient compensation, our skilled lawyers can take your case to trial for the justice you deserve.
Contact us online today for your free case review.
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California’s comparative negligence law divides the fault and uses that ratio to determine the damages a plaintiff can receive (even if they are more than 50% at fault).
Economic damages are the losses you can measure with dollars and cents, such as your lost wages, your past medical bills, and your future medical bills.
Non-economic damages are those quality of life losses that you sustain in an injury, including the pain and suffering, humiliation, and grief.
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