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Dog Bite Laws
If you’re a California dog owner, or have a claim for a dog-related injury, it’s essential to have a basic understanding of the state’s laws on dog owner civil and criminal liability in situations where a dog’s aggression hurts somebody. Read on to learn more from the Law Office of Ball & Yorke about dog owner liability and what to do if you are involved in such a case.
Dog Owner Liability For Bites
The state of California has “strict liability” dog-bite laws that hold pet owners responsible for the majority of dog-bite related injuries. If a victim sues to get compensation for their damages, the dog owners are held responsible even if they weren’t aware of the dog’s history of aggression. This means that if the dog hadn’t ever exhibited aggressive behavior, or the owner had never seen it happen, dog attack victims can still sue. There are some limits to dog owner liability, however. For the injured person to hold the owner strictly liable, the following must be true:
- The injured party was bitten
- The injured party was either “lawfully in a private place” (such as the dog owner’s property) or in a public place when the bite happened; if they were legally trespassing, the dog owner is not liable
If the person was carrying out a legal duty such as delivering mail, they are deemed to be lawfully on private property.
If the injured party was bitten by police or military dogs legally defending someone or enforcing the law, they cannot sue under this statute. However, if the victim wasn’t a suspect of participating in the alleged crime during the time they were bitten, then this exception doesn’t apply. A crime victim who was bitten by a police dog can file a suit against the city. Owners are typically exempt from liability if their dogs bite veterinarians or vet assistants during treatment.
Defining A “Bite” Under California’s Dog-Bite Law
Any situation where a dog’s teeth breaks skin is counted as a bite. If a dog grabs someone with its teeth but doesn’t break skin, it may be counted as a bite depending on the case; for example, in Johnson v. McMahan the court held the animal’s owner as liable for injuries after a worker fell from his ladder because a dog closed its jaws on his pants.
Careless Dog Owners
Victims who were injured by dogs that didn’t bite them aren’t covered by California’s liability statute, but injured parties may still pursue compensation if they can prove that their injuries were a direct result of the dog owners’ negligence. If a dog jumps on a child who's playing on the sidewalk and scratches the child’s eye, then the victim’s parents must establish that the owner hadn’t exercised reasonable care in controlling the dog.
Dangerous Dog Laws
Anyone in California can file a civil case against a dog owner if the dog has bitten a human twice (in separate incidents) or if the dog is a trained attack dog who has seriously injured somebody. There are also separate legal procedures for controlling dangerous dogs that dog owners should be aware of.
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If you are involved in a civil or criminal dog bite suit, you should have an experienced dog bite attorney on your side. Call the
Law Office of Ball & Yorke in Ventura, California to schedule a consultation today.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.