As pet ownership, especially of dogs, has increased, so have dog bite incidents. Although most dogs are well-mannered, dog bites can cause life-threatening harm. This begs the question: Is it possible for an injured party to sue the dog's owner? Yes, it is.

Although victims have legal options, it is important to understand the complexities of filing a dog-bite lawsuit. Below, we address critical questions to assist you in navigating these challenges and bringing a personal injury claim against the dog's owner in the event of a dog bite.

What are the Dog Bite Laws in California for Victims?

Dog owners are subject to strict liability under California Civil Code Section 3342 for bites. This means that, as the victim, you can hold dog owners financially responsible for any injuries his/her dog inflicts, regardless of prior knowledge of the dog's temperament. This approach is victim-centric, unlike some states that require a history of aggressiveness for culpability.

This strict liability policy encourages careful dog ownership. Owners should practice socializing, training, and secure confinement to prevent bites. This liability extends to cases involving caregivers, creating complicated ownership and accountability issues. Even if the owner is financially responsible, there are still essential requirements you must present in your lawsuit to demonstrate dog ownership.

Usually, veterinarian records or registration documents are used to prove ownership. If no evidence points to another dog as the culprit, then the onus is on the owner to disprove their dog's involvement. Bite evidence and witness testimonies can also help you make a stronger case.

Further, the law goes beyond ownership. Even if a house sitter or dog walker watched the dog at the time of the attack, the legal owner is usually still liable. This results from the owner still retaining ultimate responsibility over the dog. Shared liability, however, is conceivable in some situations. For example, a careless dog walker could face some liability.

What Should I Do When a Dog Bites Me?

Avoiding unfamiliar dogs is always the best approach, especially if they seem hostile. Nonetheless, when bitten, since a dog bite might result in a significant medical emergency, prompt and immediate response is required. Below is a methodical approach to managing these circumstances:

  1. Prioritize Your Health

Seeking emergency medical attention is the first and most important step. Spend at least five minutes thoroughly cleaning the wound with soap and fresh, running water. Wrap the wound in a fresh bandage after gently applying pressure to stop the bleeding.

Emergency medical attention is crucial. A physician or urgent care center will examine the wound carefully, evaluate its severity, and advise on the need for stitches or rabies prophylaxis (vaccines to prevent rabies).

If the wound is not properly cared for, it can get infected. Timely medical intervention is essential for a successful recovery. Observe your recovery and be weary of the following symptoms:

  • Localized signs — Wrinkle swelling, numbness, or increased discomfort could be signs of an infection.
  • Movement difficulties — If the bite is close to a limb or finger, you may have trouble moving it and experience tremors or muscular weakness.
  • Drainage — Fluids, like pus, seeping from the site indicate an infection.
  • Systemic symptoms — Severe infections could cause weariness, insomnia, stiffness, muscle spasms, and trouble breathing.

  1. Report the Bite and Gather Evidence

The next crucial steps are to seek medical attention, report the bite, and gather evidence. Contact animal control to report the incident. This action assists them in tracking the dog, ensuring its vaccinations are current, and potentially quarantining the animal to observe for signs of rabies. If the bite occurred on private property, report it to the owner or manager.

While reporting is vital, gathering evidence is equally important. Obtain the dog owner's name, contact information, breed, and vaccination records. Witness names and contact details are valuable, too. Take pictures of the wound and the surrounding area as soon as possible after the bite. This documentation can be crucial if legal action is pursued.

  1. Consider Your Legal Legal Options

California's strict liability dog bite law gives victims the right to pursue damages and compensation for their medical bills. With the assistance of your personal injury lawyer, you can explore two options for seeking compensation:

  • Homeowner's insurance — If the dog owner's insurance policy covers dog attacks, a case is usually brought against the insurance provider. Because insurance companies manage settlements within policy limitations, this streamlines the process.
  • Direct lawsuit — A direct lawsuit against the owner could be required if they do not have homeowner's insurance or their policy does not cover dog bites. This is a complex route. Therefore, you should speak with a personal injury lawyer who has handled dog bite cases.

The legislation is not just for people with bruises. According to court precedent, even in non-penetrating bites, the owner is liable. This is applicable in cases where the dog's aggressive behavior, for example, forcefully grabbing your clothes or limbs, causes you to trip and fall or injures you in other ways. The courts understand that these actions could involve serious bodily harm.

What if the Dog is a Stray: Do I Have Legal Recourse?

There are issues with strict liability when the biting dog is a stray.

Although the law makes handling bites involving owned dogs easier, it does not apply as much to stray dogs. The fundamental tenet of strict liability, holding the owner fully liable, becomes inapplicable for stray dogs as they lack recognizable owners.

This does not mean that you have no other options. Strict liability may not always apply in certain situations. For example, you could sue the government animal shelter if the stray escaped due to the facility’s carelessness. You bear the burden of proof. You should establish the dog's origin and the agency's negligence.

Even if strict liability is not an option, exploring other avenues for compensation is still possible. Certain towns provide financial aid schemes reserved for sufferers of stray dog bites. Furthermore, particular renters' or homeowners' insurance policies could offer coverage regardless of the dog's ownership status. It is best to review your policy to see what coverage you might have.

Obtaining evidence is important, no matter what action you take. This includes information such as the precise location of the bite, a thorough description of the stray dog, and any witnesses' names and contact details. Images of the wound and its surroundings are also valuable documentation.

How Do Courts Determine the Severity of the Dog Bite?

Dog size, breed, and type of encounter significantly impact the severity of a dog bite. To classify the severity of bites, veterinarians and animal behaviorists frequently use Dr. Ian Dunbar's Dog Bite Scale.

Bite severity is the basis for the Dunbar Scale's classification of bites:

  • Level 1 — This level represents aggressive actions, like snarling, barking, lunging, or snapping, that do not include physical contact.
  • Level 2 — At this point, the dog brushes your skin without breaking it, which could result in bleeding or irritation.

According to the Association of Professional Dog Trainers (APDT), over 99% of dog bite incidents fall under Levels 1 and 2. Although these levels typically cause minimal injury, they serve as crucial warnings

  • Level 3 — At this stage, there is just one bite and one to four punctures, none longer than half the canine tooth's length. There could also be shallow lacerations in one direction.
  • Level 4 — This level is characterized by a deeper puncture beyond half the canine tooth's length. Deep bruising or lacerations in both directions could also be present.
  • Level 5 — This level requires several bites, consisting of multiple attacks with at least one Level 4 bite or a combination of Levels 3 and 4.
  • Level 6 — At this most extreme level, you will perish.

Can You Sue for a Police Dog Bite?

K-9 units, or police dogs, are essential to law enforcement. Nonetheless, there are instances in which an officer or the department could face legal repercussions due to a dog bite. K-9 units have specific legal safeguards because of their profession, but these rights are not unlimited.

Although police canines are somewhat immune from legal action, this immunity is not unqualified. If the officer controlling the dog behaved carelessly or used excessive force during the encounter, you could contest this immunity.

Negligence that could lead to officer liability includes deploying the K-9 unit unnecessarily in a situation that does not warrant its use. Furthermore, it can be considered irresponsible behavior by the officer if they mishandle the dog or do not sufficiently alert you to its presence.

Excessive force is also a significant factor in these circumstances. The police could face consequences if they unreasonably use the K-9 unit, given the situation. This could include circumstances in which you are attacked by the dog even when you are not a major threat or have already been subdued.

Another legal avenue to sue for compensation exists under federal law. Federal legislation, 42 U.S.C. § 1983, allows you to sue police officers who violate your civil rights. You might have a case under this legislation if the officer's excessive force or incompetence caused the K-9 bite to be considered a violation of your civil rights.

Dog Bit My Dog. Can I Sue the Other Owner?

Dog bites can seriously harm your pet and cost a lot of money in veterinary care. The procedure differs from cases involving human-dog bites, even if you have legal recourse to recoup these expenses.

California has strict liability dog bite laws that hold dog owners financially liable for any harm their canines cause to people. Although these rules do not directly address scenarios in which one dog hurts another, they can be used as a starting point to examine related legal principles.

A more effective approach might be to sue the other dog's owner for negligence. You would need to demonstrate four things to succeed:

  • Duty of care — The other owner was legally required to take reasonable measures to keep their dog from hurting anyone, including you, if you were walking your leashed dog in a public area.
  • Breach of duty — The other owner violated this obligation by not exercising sufficient control over their dog. This could be letting the dog run loose despite leash regulations or failing to use a muzzle when required.
  • Causation — There is a direct and evident connection between the other owner's acts (or inaction) and your dog's injuries due to their breach.
  • Damages — You paid measurable expenditures, like veterinarians and other medical bills.

Local dog regulations may also be important. If the other dog attacked your leashed dog after being let loose in contravention of local laws, the owner disregarded their duty of care.

Many homeowner's insurance plans cover dog bites under their third-party liability section. You can file a claim against the insurance company of the other dog owner if they have coverage for dog-on-dog bites. Your circumstances should fit within the parameters of their policy. Some plans may not cover dog-on-dog bites. This claim aims to secure payment for your dog's veterinarian's care and any additional damages.

Homeowner's insurance policies vary. Although rare, some policies specifically cover dog bites, regardless of whether the victim is a dog or a human. To find out if such coverage is available in the other dog owner's particular situation, it is imperative to carefully review the provisions of their policy.

You can also speak with the dog owner directly, even if the homeowner's policy does not cover dog-on-dog bites. Give a detailed account of what happened, mentioning any proof of the other owner's carelessness, like a leash law infraction. If you can provide strong enough evidence of their negligence, they could pay for your dog's vet care out of pocket to save you from filing a lawsuit.

What Damages Can I Sue For?

Dog bites can result in severe financial, emotional, and physical consequences. Knowing the possible compensation is necessary if you are considering legal action. The severity of your injuries and the dog bite laws are the two critical determinants of the award amount.

Some of the damages recoverable in dog bite cases include:

  • Medical expenses — A significant portion of most settlements pays for your injury's past, current, and future medical bills. This covers medical attention for urgent situations, hospital stays, doctor visits, prescription drugs, physical rehabilitation, and reconstructive surgery.
  • Lost wages — You can secure compensation for wages lost when recovering from your injuries. You can also recover future lost income resulting from long-term disability if your injuries limit your ability to work or make a living.
  • Pain and suffering — This area deals with the discomfort the bite has caused physically and psychologically. Compensation is based on the extent and length of your pain and any emotional damage or mental anguish.
  • Loss of consortium — Depending on the specific circumstances, like physical restrictions or psychological stress, the dog attack could have a significant adverse effect on your marriage or close family relationships. You could qualify for loss-of-consortium compensation.
  • Property damage — You are also entitled to reimbursement for replacing or repairing any clothing or other items damaged during the assault.

Are there Factors that Could Affect My Compensation?

Although there are restrictions on recoverable damages, California's dog bite laws provide victims with a clear avenue to pursue compensation. There are, nevertheless, some exceptions that can reduce or completely erase the owner's liability. Owners frequently use trespassing and provoking their dogs as a means of defense. The owner could have less culpability if the victim was trespassing on private property at the time of the bite. Similarly, the owner could have little or no liability if you purposefully provoked the dog. Additionally, worker's compensation could be the only remedy if the bite happened while performing your duties.

Although victims have a solid foundation, recoverable damages have limits, thanks to strict liability. California does not cap compensatory damages, and juries exercise discretion when awarding punitive damages.

Compensation could also differ in cases of shared blame, in which your conduct led to the bite. Your percentage of fault can decrease your compensation if the court considers you partially at fault.

Consider the following scenarios:

Strict liability is likely advantageous for a mail carrier bitten by a homeowner's dog while delivering mail. The letter carrier could file a personal injury lawsuit to recover additional damages, even if worker's compensation pays for the first round of medical bills.

On the other hand, if a child enters a neighbor's yard to collect a ball and is bitten by a dog, the neighbor can use trespassing as a defense, which could reduce or even eliminate the owner's liability.

Find a Personal Injury Attorney Near Me

You can feel secure knowing that California's legal system is working to protect you if a dog bites you in California and you have a compensation claim. Our expertise at The Personal Injury Attorney Law Firm is assisting clients in navigating the intricacies of personal injury claims. Our skilled attorneys are devoted to standing up for your rights and ensuring you get just compensation for your losses. Contact us at 800-492-6718 to explore your legal options and receive a free consultation.