Is California’s Dog Bite Law a Trap?

Maybe. California’s dog bite strict liability law, which is in Section 3342 of the Civil Code, is deceptively broad.

For example, it only applies to dog bite injuries in particular, as opposed to animal attack injuries in general. Therefore, Section 3342 doesn’t apply to knockdown injuries. Nevertheless, the law is so broad that many victims, and many lawyers as well, only see an easy win and large dollar signs.

California’s strict liability dog bite law could be a trap, or it could be the easiest and best way for a San Marcos personal injury lawyer to obtain compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Breaking Down the Law

The animal’s owner is “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.”

We mentioned the bite/attack limitation above. When a large dog, like a pit bull, lunges at a vulnerable victim, like a small child, the victim usually falls hard, sustaining injuries like broken bones and head injuries. Therefore, compensation is often unavailable for such injuries in strict liability claims. Instead, the victim must file a negligence or other claim, as outlined below.

“Lawfully in a private place” may be an issue as well. If Mike invites Billy over to play, and Mike’s caregiver doesn’t give permission, Billy could be a trespasser with no legal rights.

Furthermore, the law doesn’t include an owner control provision. In many states, if a dog attacks someone while under the supervision of a dog walker, vet, groomer, or other third party, that party’s duty of care trumps the owner’s duty of care. But that’s not the case in California. Usually, owners are responsible for their dogs’ behavior. End of story.

The provocation defense may apply in California. The law is a bit unclear. Usually, an owner isn’t liable for damages if the victim provoked the dog.

In this context, “provoking” has a very specific meaning that’s more like “torturing.” Aggressive teasing, by itself, is not provocation. A one-time physical act, like a single poke with a stick, probably isn’t provocative either. Most courts require multiple incidents.

Furthermore, victims cannot accidentally provoke animals by making sudden movements or loud noises. Provocation is intentional.

Pros, Cons, and Other Options

Easy proof is the law’s most obvious and biggest advantage. A San Marcos personal injury lawyer must only prove cause (a connection between the bite and the damages) in a strict liability matter.

The law’s greatest asset may also be its greatest liability. Many pet owner jurors, and there’s probably at least one pet owner on every jury, believe that Section 3342 penalizes dog owners who rescue dangerous dogs and rehabilitate them.

If a strict liability claim isn’t in the cards, for whatever reason, a San Marcos personal injury lawyer has other options, including:

• Scienter (Knowledge): If the owner knew the animal was potentially dangerous and failed to adequately control the animal, the owner may be liable for damages. Evidence of viciousness usually includes pre-bite behavior, like aggressive barking.
• Ordinary Negligence: Owners and custodians have a duty of care to provide safe and secure environments. If a lack of care causes injury, the victim may be entitled to compensation.
• Negligence Per Se: California and most localities have fence laws, leash laws, and other animal restraint laws. If an owner violates such a law or rule, and that violation substantially causes injury, the owner is liable for that injury.

Most dog bite claims, like most civil claims, settle out of court. The average dog bite settlement amount has increased nearly 20 percent in recent years.

Rely on a Detail-Oriented San Diego County Lawyer

Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in San Marcos, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.

Source:

publichealth.lacounty.gov/vet/procs/civildog.htm