Who Is Responsible for a Dog Bite?

If you or a loved one suffered a dog bite or animal attack, what may come to mind next are your legal rights and options. This is reasonable given the trauma of your experience. By working with a top-rated Sacramento dog bite lawyer to explore further options, you have a chance to recoup your damages in full. 

You may be anxious to hold the dog’s owner accountable but are unsure whether you have legal recourse against them. Fortunately, California dog bite laws are designed to protect you and those you care for, requiring dog owners to be held strictly liable for their animals. However, that does not mean establishing liability for the accident will be as simple as it sounds.

California Dog Owners May Not Be Responsible for Trespasser’s Bites

California dog bite law states the owner is liable only for attacks that take place on public property or if the victim was lawfully on private property. That being said, if a trespasser is not lawfully on the property in question, the dog owner may not be at fault for the trespasser’s injuries. In a small number of cases, a trespasser may be able to justify the owner was negligent in one way or another and could be able to obtain compensation for injuries the dog caused due to the owner’s negligence, but it is less likely to be a successful case for the bite victim.

Not all injuries are caused by a bite itself. For example, if a dog chased a mail carrier onto a busy road and an accident occurred – the owner may still be responsible for injuries. If you are harmed in any type of incident with a dog, your California personal injury lawyer with Triumph Law will work tirelessly to prove that the dog owner’s negligence was the proximate cause of the accident.

Dog Owners Are Almost Always Held Accountable for Dog Bites and Attacks

California is a strict liability state under California Civil Code §3342 for dog bites and animal attacks. This means in the majority of cases, the defendant will be the dog’s owner who should be held accountable for any injuries or damages their pet caused during the attack. California dog bite laws are clear in stating that dog handlers and owners are responsible for all bites or attacks that take place on public property or private property where the victim is lawfully visiting.

Generally speaking, this includes bites at the owner’s home address, provided the victim was an invited guest and not trespassing. However, you could also be considered lawfully visiting a private property if you are on said property to perform duties assigned to you by California state law, federal laws, or postal regulations. According to California’s strict liability dog bite laws, it does not matter if the animal in question was previously aggressive or if the owner had reason to expect the dog would be.

California holds unwavering liability rules which make owners responsible for all bites. This may also include injuries dogs cause in other ways, such as through a slip and fall. Keep in mind that this differs from other states that withhold to the “one-bite” rule. This only holds owners accountable if there is reason to suggest the dog would do harm, such as a history of violent behavior or aggressive tendencies.

Military and Police Dogs May Be Exempt from CA Dog Bite Laws

Although California has strict liability laws in place regarding dog bites, military and police-trained dogs are typically exempt. While this is not the case for every situation, there are still certain circumstances where a police dog or their handler may be held liable for the bite. Many dog bite victims who were attacked by military or police dogs during police searches have used the Fourth Amendment to protect themselves and their right to compensation, as this is designed to protect you from unreasonable force during a search and seizure. 

Your Dog Bite Attorney Will Work Tirelessly to Prove the Dog Owner’s Liability 

If you were critically injured in a California dog attack, you may have the right to file a personal injury claim against the liable party as long as you can show the dog owner breached their duty of care. The elements of negligence in a dog bite claim, as described by the state’s jury instructions, include:

• The defendant must own the dog that bit or attacked you.
• The dog in question must have bitten or attacked you in a public place or while lawfully on private property.
• You must have suffered serious damages or injuries.
• The defendant’s dog must be responsible for causing the injuries you sustained.

Classifying Your California Dog Bite

In California, a large number of dog bites involve dogs that have attacked before. If your dog bite attorney discovers the dog that bit you has a history of aggression or violence, the dog’s owner could not only be sued for your damages but face criminal charges. Dogs can be classified in one of two ways:

• Potentially dangerous – A dog could be considered potentially vicious if it has bitten or attacked another animal or person twice within the last three years or caused minor injuries. 
• Vicious – A dog could be considered vicious if it has caused severe bodily injury or death once or has a history of attacking another animal or person at least twice during the last three years.

If you are harmed by a dog that is classified as either potentially dangerous or vicious, your claim against the dog’s owner may be powerful. You can rely on your dog bite lawyer to conduct an extensive investigation to determine whether the dog has a history of aggressive tendencies. If they do, these records could be used as valuable evidence to support your claim.

California’s Top-Rated Dog Bite Law Firm Can Make the Negligent Dog Owner Pay

If you or a loved one has been harmed in a dog bite or animal attack, you have the right to take action against the dog’s owner or other liable parties. If you are ready to take action against them but are unsure of where to begin, reach out to a reputable dog bite lawyer at Triumph Law for a 100% free consultation.

Our firm has decades of experience standing up for the rights of injury victims and dog bite survivors across the state. Take back control of your life. Fill out our quick contact form or call us to start working on your case as soon as today.