Dogs are wonderful animals, and they’re one of the most preferred forms of companionship for many dog lovers. They can go from playfighting with the family, to protecting the livestock at the farm. However, at times, there are cases in which even the friendliest dog can also bite, and if such a matter does occur on someone else’s property in California, the legal implications can be significant. Has this happened to you? Do you know if someone was a victim of a dog bite?
If so, understanding your rights is imperative, and the dog owner should hold themselves accountable. At KAASS LAW, we are dedicating our clients to helping them through their traumatic dog bite experience. Allow us, given the opportunity, to assess and assist you in navigating these complex legal matters. Our goal for our clients is for them to focus on their healing and recovering. The following is a guide on understanding California law, what to do post-dog bite, and how KAASS LAW can help.
CA Law On Dog Bites
California has a specific laws in place when it comes down to dog bites. Furthermore, California operates under a strict liability statute in regards to dog bites. As a result, this means, in most cases, the owner of the dog is held liable for the damages suffered by a person who is bitten by the dog. Whether the dog owner knew of the dog’s previous behavior, or never expected this from their dog, the victim can blame the owner for negligence.
CCC § 3342
California Civil Code § 3342 states, “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.”
With that said, the law establishes a reasonable connection between the incident and the location of the incident, which is the dog owner’s property. The following are some key takeaways from this statute:
- Liability Regardless of Prior Behavior: CA law holds dog owners liable even if this is the dog’s first time and never acted out.
- “One Free Bite” Rule: Owners can be held liable for the very first bite their dog commits.
- Location Presence: The dog bite victim has to be somewhere on public property, or in this case, lawfully on private property. i.e., getting a dog bite at an invited cookout vs. getting a dog bite while trespassing.
Exceptions
As much as CA has serious laws against dog bites, it is also clear that these laws are taken advantage of. The following are one of many exceptions, such as:
- Provoking The Animal: If you poke a bear with a stick, you’re going to lose more than just a stick. In any case, if you’re irritating an animal, it is likely that it will get provoked.
- Veterinary Risk: Anyone working at an animal hospital and or vet clinic for animals should be fully aware of the risk. Dogs will tend to bite vets. This can also apply to business owners running a dog wash operation.
- Dog Signs: “Beware of Dog” signs are pretty common on private property. As much as it may have a warning, there can still be a claim on this, but it may possibly be at a minimum. As a result, they do not automatically absolve the owner of liability under the strict liability statute, especially if the injured person was lawfully on the property.
Understanding Your Damages
The following are possible damages, given the situation of being a victim of a dog bite on someone else’s property in California, you may have an entitlement to recover various types of damages, including:
- Medical Bills
- Lost Wages
- Pain & Suffering
- Scarring/Disfigurement
- Property Damage
What To Do Post-Dog Bite
If you or someone you know got a dog bite, seek medical attention right away. Your health is your wealth. Please see a doctor and or a medical specialist as quickly as possible. Additionally, identify the dog and the owner. I’m sure the dog must have misplaced their California ID somewhere, so you’re better off getting the owner’s information. Once you exchange information with the owner, it is best not to get in contact with the owner. Furthermore, report the incident to the proper authorities. Calling the police to make a report will help your case since the incident is properly recorded. Lastly, contact KAASS LAW.
Contact Us
At KAASS LAW, we have a proven track record of successfully representing individuals with dog bite injuries in California. We understand the physical, emotional, and financial toll that a dog bite can take. With that said, we are here to help protect your rights and secure the compensation you deserve. If you or someone you know was a victim of a dog bite, don’t hesitate and call!