Determining Liability or Fault for a Dog Bite Incident in California

A dog bite can completely change your life, causing serious injuries and emotional trauma after the fact. California has a strict liability law. Therefore, regardless of the dog’s previous behavior, the owner is liable for the injuries a dog inflicts on someone who is in a public place or lawfully on private property.

If you’ve been bitten by a dog in California, the dog bite lawyers at The Barnes Firm can help you hold the dog’s owners responsible and get compensation for your injuries, like we have for thousands of other victims.

California’s Strict Liability Law for Dog Bites

Under California law, the dog owner is generally automatically responsible for damages if the dog bites someone who is in a public place or lawfully on private property, including the owner’s property. The owner is strictly liable regardless of the dog’s past behavior or the owner’s awareness of it.

California does not operate under the so-called “one bite rule,” meaning that owners are not free of responsibility for their dog’s behavior, even if it’s the first time the dog has ever acted aggressively. Under strict liability, you do not need to prove the dog owner’s negligence. However, the victim must show that the animal bit them and that the incident happened in a public place or while they were lawfully on private property.

Who Can Be Held Liable for a Dog Bite in California?

Under California law, dog owners are required to properly restrain their dogs, use leashes, and take precautions to address any aggressive behavior exhibited by their dogs. While the dog’s owner is generally strictly liable for a dog bite, other parties involved could also be responsible, depending on the circumstances.

Anyone other than the dog’s owner who is caring for the pet, such as dog walkers or pet sitters, may also be liable if their negligence leads to a bite incident. If a dog walker, pet sitter, or caretaker is watching a dog, but allows the dog to get loose, or allows the dog to bite you while on a walk, they could be considered liable for the dog’s actions and your injuries.

Additionally, a property owner or landlord could be held liable if they are aware of an aggressive dog on their property and fail to take any steps to prevent harm. This may also apply to property managers.

When Multiple Parties Share Liability

While strict liability laws govern dog bite cases against pet owners, other parties might be liable under a negligence theory. Additionally, California has a comparative negligence law that applies to personal injury cases. Therefore, if the victim’s actions or negligence contributed to the incident, the compensation they can recover is reduced by their share of the fault. Thus, strict liability doesn’t mean an automatic full recovery for the victim if their conduct contributed to their injuries.

In cases involving dog bite injuries, determining liability and assigning responsibility to the various parties can be a complex process. Thus, it’s crucial to thoroughly investigate your case and gather evidence supporting your claims to protect your legal rights.

Exceptions to Dog Bite Liability in California

There are some exceptions to strict liability for dog bite claims, such as the following:

• Trespassing: If a dog bites a trespasser who has unlawfully entered private property, strict liability does not apply.
• Provocation: If a person provokes a dog and is bitten, strict liability does not apply to their case.
• Military and police dogs: If a person is bitten by a military or police dog acting in their duty, you cannot pursue charges.

Defendants may try to claim that dog bite victims, even children, were unlawfully on private property, provoked the dog, or otherwise contributed to their injuries. Victims must be ready for aggressive defense strategies. To give yourself the best chance at a full recovery, work with knowledgeable legal counsel who can build a solid case and counter such defense tactics.

How Liability Affects Your Dog Bite Claim

In any accident, especially after a dog bite, it’s essential to investigate thoroughly to identify all the liable parties and gather all the available evidence. You must also fully evaluate your damages to properly calculate the compensation you’re owed.

Most dog bite cases are covered by the pet owner’s homeowners or renters insurance policy. These policies typically provide liability and medical payment coverage. You can generally file a claim with the insurer and negotiate for a dog bite settlement.

However, if the insurer questions the severity of a dog bite injury, raises an exception to strict liability, or attempts to shift to you, you can file a lawsuit to establish the owner’s responsibility and the full extent of your damages. An experienced dog bite attorney can collect and preserve crucial evidence for your case.

In California, dog bite cases are covered by the state’s statute of limitations for personal injury cases. Thus, you have two years from the date of the injury to file suit. If you miss the deadline, you will likely lose your chance at recovering compensation for your injuries.

What to Do After a Dog Bite to Protect Your Legal Rights

After a dog bite, take the following steps to ensure your health and protect your rights:

• Get to a safe place.
• If the dog’s owner or walker is there, get their contact and insurance information.
• Thoroughly clean the wound to prevent infection. Wash the bite area with soap and put the wound under running water for 5 minutes to help flush out bacteria.
• Seek immediate medical attention after cleaning the wound, as dogs might be infected with rabies. Medical staff can determine if you need further care. Additionally, medical treatment will establish a valuable paper trail that documents your injuries and connects them to the incident.
• Report the bite to your local animal control agency as soon as possible. Local officials can then secure the dog’s vaccination records to determine whether it is up to date on rabies vaccinations.
• Document everything, take photos of your injuries and the scene of the bite, and gather contact information from any witnesses. Thorough documentation will be essential for building a strong case and maximizing your compensation.
• Contact an attorney. The dog bite attorneys at The Barnes Firm will work to hold owners accountable for your injuries and help you get the best result possible.

Contact a California Dog Bite Lawyer Today

If a dog bites you in California, you can hold the owner responsible under the state’s strict liability, and possibly pursue a personal injury claim. Our dog bite attorneys understand the profound impact that dog bites have on victims. We’re dedicated to working hard to investigate your case and liability to ensure you and your family receive the maximum compensation you deserve after a dog bite.

If you’ve suffered a dog bite injury, contact The Barnes Firm today or call (800) 800-000 for a free consultation. We’re available 24/7, and you won’t face any fees unless you win your case.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes