Comprehensive Guide to California Dog Bite Laws

A dog’s bite can pierce human skin and muscle, severing nerves and go down to the bare bone and joint.

In California, a dog bite victim doesn’t even need to show that a dog’s owner knew or should have known that the dog had a tendency to be vicious. That’s because California is a strict liability dog bite state.The owner is strictly liable for a dog’s bite, whether the dog had previously shown a propensity for viciousness or not, so long as the attack occurred at a public place, or the victim was lawfully at a private place.

Why Do Dogs Attack?

Dogs are territorial creatures. They might attack when they feel threatened by a trespasser on private property. They might also attack if they feel provoked. These are both defenses that might affect the owner’s potential liability. Children are frequently dog bite victims because of their size. The head, face and neck of a child are targets of dog bites. The elderly are also frequent victims because they don’t have the balance or reaction time that they once had and are more prone to falling over a dog.

Public vs. Private Property

Public property might contemplate a sidewalk or a public park. A private place might be the home of another person. There must be an invitation, either express or implied, for the dog to come onto the property of another person. That invitation might include but not be limited to friends, family members, police or paramedics, postal workers, delivery persons and workmen.

Dog Bite Damages

In California, the dog’s owner is liable for the injuries and damages that the dog inflicts. Those injuries and damages might include the following:

• Current and future medical bills.

• Lost time from work or diminished earnings loss.

• Pain and suffering.

• Any permanent disfigurement.

• Any permanent disability.

• Other valuable damages in the event of a wrongful death.

The Statute of Limitations

Every state has set a deadline for when a dog bite personal injury lawsuit must be filed. In California, the clock starts ticking at the time of the accident, and it extends for wo years in accordance with the California Code of Civil Procedure section 335.1.  Although there are some exceptions to it like with children, it’s generally a strict rule. You should speak with a California dog bite lawyer as soon as possible after being bitten to determine when the limitations deadline in your case arises. A failure to file a personal injury lawsuit within two years of the date of the bite might cause your case to be forever dismissed.

Comparative Negligence

The issue of comparative negligence might arise when the claimant is partially responsible for his or her own injuries from a dog bite. It often comes in the context of a house guest that the dog was familiar with, but for one reason or another, the claimant was bitten. As opposed to most other states, California is a pure comparative negligence state. So long as a claimant wasn’t 100% negligent for his or her injuries, he or she might still seek compensation. Pursuant to California Civil Jury Instruction 3960, to recover under comparative negligence, a claimant must decide the percentage of negligence of the parties and deduct the percentage of negligence attributable to the claimant from his or her award.