Man’s best friend isn’t always so friendly. Each year, thousands of Californians fall victim to dog bites, often resulting in serious injuries, emotional trauma, and hefty medical bills.

Whether you’re a dog owner or a bite victim in the Golden State, understanding the California dog bite law is critical to dealing with the situation when it arrives. 

The following article provides an overview of the legal landscape surrounding dog bites in California, exploring owner responsibilities, victim rights, and potential consequences.

Understanding California’s Dog Bite Statute

California has strong dog bite laws that focus on helping the victim. The state follows what’s called a “strict liability” rule, codified in the California Civil Code Section 3342. In plain language, here’s what that means:

Under these laws, dog owners are held responsible for all damages caused by their dog’s bite, regardless of previous aggressive behavior or whether the owner knew the dog was a threat. This differs from other states, where there is a “one bite rule” that means owners are only liable if their dog had aggressive tendencies beforehand.

Other key points of the California dog bite statute include:

1. The law applies to bites, not other injuries caused by dogs.
2. The victim must be in a public place or lawfully in a private place.
3. The law doesn’t apply if the victim was trespassing.
4. Police and military dogs are exempt when performing official duties

 

This strict liability rule makes it easier for dog bite victims to seek compensation, as they don’t need to prove the owner’s negligence or the dog’s previous behavior.

What Happens If My Dog Bites Someone?

So, what happens if my dog bites someone? The most likely case is a civil lawsuit, but there are other possibilities. Here is a list:

1. Civil Liability: You’ll likely be responsible for the victim’s damages, including medical expenses, lost wages, and pain and suffering.
2. Potential Criminal Charges: In particularly bad cases, especially if your dog has a history of aggression or if you were grossly negligent, there is the potential for criminal charges.
3. Dog Control Measures: Your dog may be labeled as “dangerous” or “vicious,” which could lead to serious restrictions on their freedom or even euthanasia.
4. Insurance Implications: Your homeowner’s or renter’s insurance rates may increase, due to the payout in a civil lawsuit. 

Can You Go to Jail If Your Dog Bites Someone?

One day, your dog snaps, and you’re on the hook. You might be wondering, “Can you go to jail if your dog bites someone?” Don’t panic. The short answer is yes, but it’s not common and typically only occurs in severe cases.

There are only three situations in which criminal charges are typically on the table:

1. Knowingly keeping a dangerous dog that causes serious injury or death
2. Using a dog as a weapon
3. Gross negligence in controlling a dog, leading to severe injury or death

 

Presumably, only the third could apply to the average person’s case. For a dog to cause that much damage, they must be: (a) a larger dog; and (b) untrained. As long as you train your larger dogs and keep them on leash during times they could be dangerous, jail time is unlikely to occur. 

Victim Rights Under California Dog Bite Laws

If you’ve been bitten by a dog in California, it’s important to get caught up on your rights. Under the dog bite dog law California has established, victims have strong protections, as we’ve seen. The question is how these apply:

1. Right to Compensation: You’re entitled to seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the bite.
2. Statute of Limitations: You have two years from the date of the bite to file a lawsuit before its statute of limitations applies.
3. No Need to Prove Negligence: Thanks to the strict liability rule, you don’t need to prove the owner was negligent or that the dog had bitten before.
4. Protection for Lawful Visitors: If you were legally on private property when bitten (e.g., invited guest, delivery person), you’re protected under the law.

Steps to Take After a Dog Bite

If you’ve been bitten by a dog, the first step is to protect your own health and safety. Only then should you look into documenting the case and seeking help. Here’s an overview of the steps to take:

1. Seek Medical Attention: Your health comes first. Even minor bites can lead to infections.
2. Report the Incident: Contact local animal control or law enforcement to report the bite.
3. Gather Information: If possible, get the owner’s contact and insurance information, as well as details about the dog’s vaccination history.
4. Document Everything: Take photos of your injuries and keep all medical records and bills.
5. Avoid Discussing Fault: Don’t make statements admitting fault or downplaying your injuries.
6. Contact an Attorney: An experienced dog bite attorney can help protect your rights and navigate the legal process.

Defenses Against Dog Bite Claims

While California’s dog bite laws are strict, they still respect the defense of the owner and dog when appropriate. Here are some good reasons for a dog bite that reduce or eliminate liability:

1. Trespassing: If the victim was unlawfully on private property, the owner might not be liable.
2. Provocation: If the victim provoked the dog, it could reduce or eliminate the owner’s liability.
3. Assumption of Risk: In some cases, like a veterinarian treating a dog, the victim might be considered to have assumed the risk of a bite.

Compensation for Dog Bite Victims

Victims of dog bites in California can pursue various forms of compensation:

1. Medical Expenses: This includes both immediate treatment and future medical needs related to the bite.
2. Lost Wages: If the injury caused you to miss work, you can claim these lost earnings.
3. Pain and Suffering: This covers physical pain and emotional distress resulting from the incident.
4. Property Damage: For personal property damaged during the attack, you can claim for repairs or replacement.
5. Other Out-of-Pocket Expenses: This can include travel costs for medical appointments or expenses related to compensating for your disability.

Prevention and Responsible Dog Ownership

Prevention is always better than dealing with an actual bite. Here are some tips for responsible dog ownership that can help to prevent the worst from happening:

1. Training and Socialization: Properly train your dog and socialize with both other humans and other dogs from a young age. 
2. Leash Control: Always maintain control of your dog in public spaces.
3. Secure Your Property: Ensure your yard is properly fenced to prevent your dog from escaping.
4. Warning Signs: If your dog has aggressive tendencies, consider posting warning signs on your property.
5. Spay/Neuter: This can help reduce aggressive tendencies in some dogs.

By following these practices, you can significantly reduce the risk of your dog biting.

When to Consult an Attorney

Whether you’re a dog bite victim or an owner whose dog has bitten someone, in both cases, it’s wise to consult with an attorney who specializes in dog bite cases. They can help with:

• The insurance company if they are disputing your claim
• You’re unsure about your rights or responsibilities
• Criminal charges are being considered

An experienced attorney like those at Natanzi Law Group can also help you understand the nuances of the dog bite laws in California, which lets you protect your rights to the maximum degree, and work towards the best possible outcome.

Conclusion

California dog bite law was written to provide strong protections for victims and place a greater portion of responsibility on dog owners. 

Dog bites can have serious physical, emotional, and legal consequences for everyone involved. By staying informed about the dog bite laws in California that are in place, we can all work towards creating safer communities for both humans and our canine companions.