Dog Bite Injuries in California: Understanding Strict Liability Law

California maintains strict liability laws regarding dog bites, meaning dog owners may be held responsible for injuries regardless of the animal's prior behavior. This educational overview examines how these laws work and factors that commonly affect such claims.

California's Strict Liability Standard

Under California Civil Code Section 3342, dog owners are generally liable for damages suffered by any person bitten by their dog while in a public place or lawfully in a private place. Unlike some states that follow a "one bite rule," California does not require proof that the owner knew the dog was dangerous.

Key elements of California's statute include:

• The bite occurred while the victim was in a public place, or
• The victim was lawfully on private property (including the dog owner's property)
• The victim was bitten by the dog (as opposed to knocked down or scratched)

Types of Injuries Commonly Associated with Dog Bites

Medical literature documents various injuries that can result from dog attacks:

• Puncture wounds and lacerations: Ranging from minor to severe tissue damage
• Crush injuries: Particularly from larger breeds with powerful jaw strength
• Nerve damage: Can result in numbness, weakness, or chronic pain
• Infections: Including cellulitis, pasteurella, and in rare cases, rabies
• Scarring and disfigurement: Particularly concerning for facial injuries
• Psychological trauma: Including PTSD, anxiety, and phobias

Factors That May Affect Dog Bite Claims

Legal professionals note several factors that commonly influence the outcome of dog bite cases:

Circumstances of the Incident

• Whether the victim was lawfully present at the location
• Any actions that may have provoked the animal
• Whether the dog was properly restrained or contained
• Prior incidents involving the same animal

Documentation Considerations

• Medical records documenting the injury and treatment
• Photographs of injuries taken over time showing healing progression
• Witness statements from anyone who observed the incident
• Animal control reports or police reports
• Information about the dog's vaccination history

Potential Defenses in Dog Bite Cases

Legal precedent establishes several defenses that dog owners may raise:

• Trespassing: If the victim was not lawfully on the property
• Provocation: If the victim provoked the dog
• Assumption of risk: In limited circumstances, such as veterinary professionals
• Comparative negligence: California allows reduction of damages based on victim's fault

Insurance Coverage Considerations

Dog bite claims are often covered under:

• Homeowner's insurance policies
• Renter's insurance policies
• Umbrella liability policies

However, some policies exclude certain breeds or exclude coverage after prior incidents. Coverage limits and exclusions vary by policy.

Statute of Limitations

In California, the general statute of limitations for personal injury claims, including dog bites, is two years from the date of the incident. Different deadlines may apply in cases involving minors or government entities.

When Cases May Involve Additional Parties

Beyond the dog owner, other parties that may have liability in certain circumstances include:

• Property owners or landlords who knew of a dangerous dog
• Dog walkers or pet sitters who had control of the animal
• Animal shelters in certain adoption-related circumstances