Strict Liability Of California's Dog Bite Victim

California Civil Code Section 3342 is California's dog bite statute. California's dog bite statute provides that dog owners are legally responsible for damages related to the dog bite if:

the dog bite victim is in a public place or,

lawfully on any property, including the property of the dog owner. (not a trespasser) [1]

California Civil Code Section 3342 reads in part:

"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. A person is lawfully upon the private property of such owner within the meaning

of this section when he is on such property in the performance of any duty imposed upon him by the laws of this state or by the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner."

California's dog bite statute is a strict liability statute.

Strict liability means that the owner of the dog is responsible if the dog bites someone. Period. It does not matter if the dog has bitten anyone before. The owner is liable.

There are exceptions to the rule, including:

the dog bite victim is a trespasser,

the dog bite victim provoked the dog,

the dog bite victim assumed the risk given the nature of his or her employment

the dog bite victim contributed to his own injuries.

Our California personal injury attorneys address some of the key concerns of dog bite victims.

1. What are compensatory damages?

2. Can I get punitive damages?

3. What if this was the first biting incident?

4. What if the dog runs off of the owner's property?

5. What if I am bitten by a military dog or police dog?

6. What defenses can the dog owner assert?

7. What if the owner is successful? Can I still get monetary

damages?

1. What are compensatory damages?
Compensatory damages compensate dog bite victims for their injuries. These damages include, but are not limited to:

Medical bills
Physical therapy
Disfigurement
Pain and suffering
Lost wages
Loss of earning capacity
Emotional distress
Loss of consortium
Loss of limb
Loss of impairment of mental or physical capacity
You should keep a record of your expenses and medical records. Also, keep a journal of the emotional and psychological effects of the trauma. It could help your case.

2. Can I get punitive damages?
California civil code 3324 allows dog bite victims to recover punitive damages in certain instances. Punitive damages are awarded when the defendant acts are found to be shocking, intentional, and malicious. For example, if the owner trained his or her dog to attack people.
The purpose of punitive damages is to punish the owner so he or she will not act badly again. Since the purpose of punitive damages is to punish, it is more difficult for plaintiff to receive punitive damages.

Generally, the standard of proof to receive compensatory damages in civil cases is the preponderance of the evidence standard. "Preponderance-of-the-evidence" requires a jury (or judge) to believe that the existence of a fact is more probable than its nonexistence. [2]

However, to recover punitive damages the dog bite victim must prove by clear and convincing evidence that the defendant’s actions amounted to “oppression, fraud, or malice.” [3]

3. What if this was the first biting incident?
California dog bite statute is a strict liability statute. This means the dog owner does not have to have notice of the dog’s violent or aggressive behavior. Additionally, the dog bite victim does not have to prove that the dog has a history of violent behavior to recover damages.

However, owners whose dogs have a previous biting history could have their dogs taken away or euthanized.

4. What if the dog runs off of the owner's property?
California civil code 3342 provides that owners are legally responsible for damages if their dog bites someone on public property. A public area can be a neighborhood, park, bar, library, restaurant, beach, apartment complex, or public square.

Therefore, if Fido escapes from his crate and runs into a public street and bites you, you are entitled to damages.

5. What if I am bitten by a military or police dog?
California civil code 3342 prohibits recovery in cases where a government agency using a dog in military or police work if:

the bite occurred while the dog was defending itself from an annoying, harassing, or provoking act;
it was assisting an employee of an agency in apprehending a suspect; or,
it aided in the investigating a possible crime, executing a warrant, or defending another person. [4]
However, there are exceptions to the rule. For example, if the police executed a warrant for Tom, but the dog attacks Karen, Karen can receive damages for her injuries because Karen was the the subject of the warrant.

6. What defenses can the dog owner assert?
There are three defenses a dog owner can assert to protect himself or herself from legal liability for your damages:

Assumption of Risk
Comparative Negligence or Comparative Fault
Provocation
Assumption of Risk is a valid defense if the dog bite victim voluntary and knowingly assume the risk of injury when he or she engages in an inherently risky activity.

For example, a kennel worker or dog groomer assumed the risk of being bitten by a dog because of the nature of his or her occupation as a kennel worker or dog groomer.

Comparative Negligence or Comparative Fault occurs when the dog bite victim contributed fully or partially to his or her injuries. For example, if Tom touched a dog that was showing his teeth and growling, the dog owner would argue that Tom assumed the risk of being injured by the dog.

Provocation occurs when a dog bite victim provokes the dog. This typically includes some type of physical abuse.

7. What if the owner is successful? Can I still get monetary damages?

It is possible. California is a pure comparative negligence jurisdiction. [5] In a pure comparative negligence jurisdiction, your damages are proportionality reduced by your contribution to your injuries.

Therefore, using the example above, if a jury awarded Tom $4,000.00, but they found him 50% responsible for his own injuries, Tom would only be able to recover $2,000.00 or 50% of his awarded damages.

An experienced personal injury attorney can help you determine if you will be successful in your case.

Injured by a Dog in California? Call us for

help...

If you or someone you know was injured by a dog in California, we invite you to contact us for a free consultation.

Call us at (855) JUSTICE to discuss your case with a knowledgeable lawyer in your area.

We have offices throughout California, including in Los Angeles, Orange, Ventura, San Bernardino, San Diego and Riverside Counties, as well as Central and Northern California.

We may also be able to help you if were injured by a dog bite in Nevada.

Legal References:

Cal.Civ.Code § 3342 (a)
In re Angelia P. (1981) 28 Cal.3d 908; California Civil Jury Instructions (CACI) 200.
See, e.g., Beverly Hills Municipal Code 5-2-111, which imposes strict liability on "[a]ny person owning, controlling, or having care or custody of any animal."
Cal. Civ. Code § 3342 (b)
Li v. Yellow Cab Co., 13 Cal. 3d 804, 829 (1975)