What Proof Is Needed To Win A Dog Bite Lawsuit

By Law Offices | Felicia Yates & Associates

This is Part Three in a series of blog articles on California Personal Injury (PI) law. 

 

Section 3342(a) of the California Civil Code states as follows: "(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."

 

In order to pursue a lawsuit for monetary damages under California's dog bite statute, the two key points to establish are  i) the damages (injuries) were directly caused by a dog bite, and  ii) the victim was in a public place (i.e. a city park or county beach) or, was lawfully in a private place (i.e. when someone invites you to their home for a dinner gathering) or when someone is on private 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 (i.e. such as when a US postal worker is delivering mail).  Exception: If you happen to suffer a dog bite injury while a K-9 is carrying out a police or military order against yourself (such as executing a search warrant or apprehending a crime suspect) then you will not have any grounds to sue under California's dog bite statute.  However, if the dog bite victim 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" - in other words if you were simply an innocent bystander - then you would have grounds to sue under California's dog bite statute.

 

How long do you have to file a lawsuit for a dog bite injury in California?

 

Two (2) years from the date you suffered the injury - the same as for most personal injury actions, such as a pedestrian or auto accident.

 

California is a Strict Liability State

 

The owner of a dog who bites someone in California - with the noted exception above - is held "strictly liable" for all injuries suffered by the victim, even if the dog had never bitten another human previously, and even if the owner tries to claim that he/she had no forewarning that the dog would act in an aggressive manner.

 

What Happens When You Are Injured by a Dog Who Does Not Actually Bite You?

 

There are two main legal theories that may allow you to recover for injuries suffered as a result of a dog attack, which did not involve any biting.

 

1)  Does the Dog Have Dangerous or Vicious Propensities?  Generally speaking, a dog owner is automatically liable for harm caused by a dog if the owner “knows or should have known” that the dog has a “vicious propensity.”  A dog is considered to have a vicious propensity whenever it has a strong tendency to bite another person, without any provocation.  In order to establish liability under this legal theory and recover monetary damages, the prior behavior of the dog in this type of case must consist of proof (a prior dog bite, snapping, growling, lunging, chasing people, etc.) of the dog's dangerous temperament.

 

2)  Was the Dog Owner Negligent in the Way He Handled the Dog?  A dog owner can be held liable whenever the dog is improperly handled.  For example, liability may be imposed whenever a dog owner leaves a dog unsecured on public property, and the dog causes injury to another person by colliding with a pedestrian, or perhaps a bicyclist.

 

Defenses to a Dog Bite Lawsuit

 

There are various arguments that a dog owner can raise in their defense...they would include:  i) trespassing (the victim had no permission to be on the property where the dog bite occurred),  ii) provocation (the victim provoked the dog attack by hitting, teasing, or accidentally stepping on the dog's tail), and  iii) assumption of the risk (such as when a dog groomer performs services for your pet).

 

Summary

 

Dog bites can be serious, long lasting, debilitating, and disfiguring.  If you are the victim of a dog bite, you should do the following:

 

1)  Seek immediate treatment from a primary care doctor or a hospital emergency room, depending on the nature of your injuries;

2)  Report the dog bite to your local county health official, animal control, and your local police department;

3)  DO NOT engage the dog owner or their insurance company in any type of communication;  

4)  Consult with a competent personal injury attorney to discuss your legal rights and obligations;

 

Since everyone's case is unique to that individual and the specific circumstances, you should consult with a competent Dog Bite attorney to determine your best course of action.  Our office has expertise in this area of the law, and we encourage you to reach out for a free consultation.  Attorney Felicia Yates has been practicing law for over 35 years in California and may be contacted at (702) 817-4661, via e-mail at attorneyfeliciayates@gmail.com, or via website at https://www.attyfeliciayates.com.