Dog Bites and Strict Liability in California

We all love dogs. Well, most of us anyways. There is scientific evidence that supports that dogs are great mental health companions. Socially, they are important to a lot of dog owners' lives. Despite all of the love, dogs can also cause harm to individuals. Indeed, when I was young, and in Tennessee, a dog bit me. There were medical bills, and trauma that followed (even to this day at times).

Like other injury accidents, an owner of a dog can be sued for a dog bite. Under the common law, or laws developed through a number of cases, dog owners were routinely sued under a "strict liability" theory because their dog caused an injury to another. "Strict liability" means that the injured party did not need to prove negligence. It was much easier to prevail.

Dog bite lawsuits pursuant to strict liability under the common law required that the "domestic animal" exhibit dangerous propensities. Typically, dangerous propensities were proven by previous incidents when the dog harmed someone else. But, a dangerous propensity was also shown when the owner knew or should have known that the domestic animal could have caused injury to another person. Domestic animals also included cats, snakes, horses, and other pets. It's important to note that there was a distinction -- with wild animals.

If an owner of an exotic pet injured someone else, they could be held strictly liable without the dangerous propensity element. Thus, if a Las Vegas magician's tiger mauled someone, the magician could be held strictly liable even if the tiger never exhibited signs of having a dangerous nature before the incident. Contrast with the domestic animal lawsuit, a defendant could prevail if he could show that the domestic animal never exhibit dangerous propensities.

Fast forward to today. California enacted statutory law, which provides for strict liability in dog bite cases. There is no need to prove "dangerous propensities." California Civil Code 3342(a) states, in part that:

"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."

Does this statute prevent defenses? What if the dog was provoked by the actions of the injured party before the dog bite? Nothing in the Civil Code prevents a defendant from raising "comparative fault" or "assumption of risk" defenses. Therefore, if the plaintiff was a bad apple who hit the dog, the defendant dog owner may have a good case against the mean injured plaintiff.

In the event that you, or someone you know, was injured by a dog bite, it is wise to retain an experienced persona injury attorney. A lot of dog bites are serious. In some instances, plastic surgery is required. Experienced counsel can pursue a claim, most often with a homeowner's insurance policy, after a dog bite. Dogs are important to our lives but medical bills and pain and suffering should be addressed, if you, or someone you know, was a victim of a dog bite. We welcome your calls and questions. 

National Dog Bite Awareness Week

Fatal Mauling

In April, a 63 year old woman was attacked by a pack of pit bulls while jogging in her home town a few miles outside of Los Angeles. The horrific story caught national media attention and has since been reported across the country. According to investigators, the woman was mauled by at least four pit bulls. A witness called 911 and attempted to scare away the dogs by honking a car horn. A few minutes later, one of the dogs turned on the responding officer who was forced to fire his gun at the animal to keep it at bay. The jogger was rushed to a local hospital but died en route.

Police and animal control workers have impounded six large dogs, four pit bulls and two mixed breeds, from a local resident. While serving a warrant at that location, police discovered a hidden marijuana “grow” operation and arrested the occupant. It is unclear if these are the dogs that attacked the woman, DNA tests are being conducted, but it is possible that the owner kept the dogs intentionally aggressive as guards for his illegal operation in which case he may face criminal charges.

National Dog Bite Awareness Week

With National Dog Bite Awareness week starting May 19, this tragic attack serves as a stark reminder of the consequences of keeping uncontrolled pets. Unfortunately, California ranks first in number of dog bite attacks annually, with Los Angeles holding the dubious distinction as the worst city for Postal Worker dog bites; 69 last year.

According to statistics compiled by State Farm Insurance, there were over 16 thousand dog bite claims filed in 2012 at an average cost of almost $30,000 per claim; up $10,000 per claim since 2003. In anticipation of Dog Bit Awareness Week, the United States Postal Service released its 2012 report which recites several disturbing statistics. According to the report, the AMA estimates that Dog Bites are the most commonly reported public health issue for small children who are 900 times more likely to be bitten than a postal worker. In total, 4.7 million people were the victims of reported dog attacks in the United States in 2012 alone, many more attacks go unreported each year.

Financial Liability

What many people don’t realize is that the owner of a dog involved in an attack may be financially liable. Owners have a duty to maintain control over animals under their care; a failure to meet that duty can result in liability. In addition, many such attacks are covered under homeowners’ insurance policies providing a stable source from which to collect a judgment or settlement.

Staying Safe

To prevent attacks, avoid aggressive dogs on your route. Even dogs that appear to be restrained can sometimes break free and attack. If a dog is behaving aggressively it is best to steer clear entirely. Keep an eye on small children; they are particularly vulnerable to dog attacks. It is a good idea to read the Postal Service report on the subject; it contains a number of excellent tips for avoiding a dog attack.

If you are attacked by a dog, your first priority should be your safety. Once the immediate danger has passed, it’s critical that you see your doctor. Even if a bite seems minimal, some dogs can carry diseases, such as rabies, and small bites can still become infected. Your health and safety should always come first.

Get legal help

If you have been attacked by a dog, contact an attorney for help with your case. You deserve compensation. There is a good chance that the owner of the dog that attacked you can be held liable for your injuries.