California Dog Bite Injuries

California, lime many states, make dog owners liable for dog bites when a person is bitten, based simply on owning the dog that did the biting.

California Dog Bite Claim Based on Strict Liability:

California Civil Code Section 3342 was enacted by the legislature “…to prevent dogs from being a hazard to the community”.

California Civil Code Section 3342 states:

3342. (a) The owner of any dog is liable for the damages suffered
by any person who is bitten by the dog while in a public place or
lawfully in a private place, including the property of the owner of
the dog, regardless of the former viciousness of the dog or the owner’s
knowledge of such viciousness. A person is lawfully upon the
private property of such owner within the meaning of this section
when he is on such property in the performance of any duty imposed
upon him by the laws of this state or by the laws or postal
regulations of the United States, or when he is on such property upon
the invitation, express or implied, of the owner.
(b) Nothing in this section shall authorize the bringing of an
action pursuant to subdivision (a) against any governmental agency
using a dog in military or police work if the bite or bites occurred
while the dog was defending itself from an annoying, harassing, or
provoking act, or assisting an employee of the agency in any of the
following:
(1) In the apprehension or holding of a suspect where the employee
has a reasonable suspicion of the suspect’s involvement in criminal
activity.
(2) In the investigation of a crime or possible crime.
(3) In the execution of a warrant.
(4) In the defense of a peace officer or another person.
(c) Subdivision (b) shall not apply in any case where the victim
of the bite or bites was not a party to, nor a participant in, nor
suspected to be a party to or a participant in, the act or acts that
prompted the use of the dog in the military or police work.
(d) Subdivision (b) shall apply only where a governmental agency
using a dog in military or police work has adopted a written policy
on the necessary and appropriate use of a dog for the police or
military work enumerated in subdivision (b).

Common Law Dog Bite Liability:

In addition to California Civil Code 3342,  dog owner may also be held liable for injuries his or her dogs causes based on common law action based on “scienter” or knowledge of a domestic animal’s dangerousness. California Courts have held that “the keeper of an animal of a species dangerous by nature, or of any animal which he knows, or has reason to know, to have dangerous propensities, is liable, without wrongful intent or negligence, for damage to others resulting from such a propensity.”

In a common law action, the injured is not required to prove negligence by the dog owner. As the Courts have held, “[T]he gravamen of the action is knowledge of the owner that the beast was the possessor of vicious or mischievous propensities. Negligence or lack of care on the part of the owner in keeping or restraining the animal need not be shown.” (Hicks v. Sullivan (1932) 122 Cal.App. 635, 637-638.) The wrongdoing in such a case is the decision to keep a dangerous animal. “[T]he gist of the action is not the manner of keeping the vicious animal, but the keeping him at all with knowledge of the vicious propensities. In such instances the owner is an insurer against the acts of the animal, to one who is injured without fault, and the question of the owner’s negligence is not in the case.” (Hillman v. Garcia-Ruby (1955) 44 Cal.2d 625, 626.)

The two key elements of a common law claim for dog bite injuries case is prior dangerous behavior and knowledge of it on the part of the defendant. In a dog bite injuries case, the prior behavior may consist of either a vicious bite or behavior that clearly demonstrated the vicious propensity to bite.

If the prior bite was fully justified then it would not qualify as vicious, and consequently would not satisfy the requirements of the scienter doctrine. For example, if the dog previously bit a child who was hitting it with stick, the dog’s action probably would be regarded as justified and not as demonstrating a dangerous or vicious nature.

The dog owner’s knowledge of a dog’s vicious or dangerous propensities may be inferred by (1) the general reputation of the dog, (2) the size and breed of the dog, or (3) the fact that the dog is kept chained or muzzled.

This common law cause of action also referred to as One Bite Rule has limited application in California, because Civil Code 3342 was enacted to abolish  the one-bite rule in most respects.

Should You File a Claim for Your Dog Bite Injuries?

If you or someone you know suffered go bite injuries, the dog owners homeowner or renter insurance policy is likely to cover your damages, or if the owner is a business entity, the business’ general liability policy.

What To Do After A Dog Bite Injury?

  • Immediately seek medical attention from a medical professional or your family doctor.
  • Photograph the injuries as soon as possible to show the extent of the injuries and damages.
  • Obtain any information you can on the dog, and the identity of the dog owner.
  • Do not discuss the incident with any insurance representative who contacts you on behalf of the dog owner without your attorney present.
  • Maintain a log of the injuries, pain, and conversations you have with anyone.
  • Keep a good record of all of your medical bills, prescription bills or even property damage.
  • Contact an experienced lawyer as soon as you can.

What You May Be Entitled To:

If you are a victim of a dog bite, and have suffered injuries as a result of a dog bite, you may be entitled to:

  • Reimbursement of your medical expenses.
  • Loss of earnings as a result of the incident.
  • Damage to any of your personal property caused by the dog bite.
  • Compensation for any potential future medical expenses you may have to incur, including any cosmetic surgeries you may need as a result of the dog bite.
  • Pain and Suffering.

Law Offices of Tony Forberg represents individuals who have suffered injuries caused by dog bites, and Law Offices of Tony Forberg does not charge for legal representation unless and until money is recovered on behalf of his client.

If you have more questions, you can visit our page on Frequently Asked Questions on Dog Bite Injury Cases or contact our office for free consultation.

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