According to the Centers for Disease Control and Prevention, more than 4.7 million people per year are bitten by dogs. An even more alarming figure is that dog bites send approximately 368,000 victims to hospital emergency rooms every year. Needless to say, a dog bite or attack can result in a very serious personal injury. Thankfully, California has a dog bite statute that imposes liability on a dog owner for injuries inflicted on a human being.
California’s Dog Bite Statute
California is a “strict liability” state that has a statute making dog owners civilly liable for all injuries caused by his or her dog. California Civil Code, Section 3342 states:
“The owner of any dog 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.”
This means that the dog owner is monetarily responsible to the victim regardless of whether the dog owner knew that his or her dog had previously injured someone. Also, California’s dog-bite law makes it unnecessary for a victim to prove that the owner was negligent.
A dog bite victim’s recovery is not limited to asserting legal responsibility based solely on California’s dog bite statute. Depending on the circumstances surrounding the dog bite, compensation may be obtained through a lawsuit based on the owner’s negligence, or the owner’s pre-existing knowledge that the dog was dangerous.
Can California Landlords Be Legally Responsible for a Dog-Bite Inflicted By a Tenant’s Dog?
Actually, a California landlord may be liable when a tenant’s dog bites another person if the landlord was negligent in not maintaining a fence or gate to contain the dog, and that negligence resulted in someone being bitten by a tenant’s dog. Also, a landlord who was taking care of the tenant’s dog when the attack happened may have had prior knowledge of that dog’s viciousness.
As you may gather, there are many different legal theories that may provide you or your loved one with monetary compensation for personal injuries resulting from a dog bite in California.
Can A Dog Owner Be Held Criminally Liable In California?
The most infamous case in which dog owners were found guilty of a crime due to their dog’s misconduct arose from the death of San Francisco resident Diane Whipple. A neighboring tenant’s two dogs attacked and killed Diane Whipple as she tried to enter her apartment. Ultimately, the owners of the dogs were convicted of murder and sentenced to prison. And even though the defendants argued that they were mere “trustees” of the dogs, they were unable to avoid financial responsibility in a civil suit for damages based on California’s dog bite statute.
Monetary Compensation For Dog Bite Victims In California
Estimating the amount of money a dog bite victim may be entitled to seek requires the experience of a seasoned personal injury attorney. Being bitten by a dog is a physically and emotionally traumatic experience, one that may leave permanent physical and emotional scars. In addition to emergency treatment and surgery to repair a bite wound, some dog-bite victims may need long-term psychological counseling to deal with the trauma of the attack, their resulting fear of dogs, or their resulting fear of being outdoors.
Our attorneys at San Diego Law Firm are experienced in litigating personal injury cases. We understand the terrible impact a dog bite or attack can have on a victim. If you are a dog-bite victim, we will ensure that the facts of your case are investigated and the right parties are brought to justice, and that all applicable legal theories are asserted. Please call us 619-794-0243 if you or a loved one have suffered personal injuries as a result of a dog bite or attack; we can help.
