California Law Protects Dog Bite Victims by Making Dog Owners Liable
Unlike some states, in California, dog owners are strictly liable for injuries caused by dog bites, and may be liable in other instances as well.


December 18, 2009 /24-7PressRelease/ -- California Law Protects Dog Bite Victims by Making Dog Owners Liable

Article provided by Law Office of John J. Garvey, III
Visit us at www.johngarveylaw.com

When you or someone close to you is bitten by a dog, it can be a very surprising and frightening experience--almost no one ever expects a dog bite. And yet approximately 4.5 million people in the U.S. are bitten by dogs every year, according to the Centers for Disease Control (CDC). Fortunately, California law protects dog bite victims in many cases, allowing the victim to recover damages (money) from the dog's owner.

Liability Issues in California?

California's dog bite law (California Civil Code section 3342) makes dog owners strictly liable for damages caused by their dog, "regardless of the former viciousness of the dog or the owner's knowledge of such viciousness." This is unlike some other states which make the owner liable only if he or she knew--or should have known-- that the dog was likely to bite someone.

In effect, this law may make it easier to establish liability for a dog bite. Without the statute, a dog owner would only be liable if he or she knew the dog was dangerous, or if he or she acted in some negligent fashion in handling, keeping or controlling the dog. But under the strict liability statute, the owner of any dog that causes a dog bite is liable.

Compensation

Not only may dog owners be held liable for their dog's actions, they may also be held responsible for the victim's injuries and compensation (damages) for those injuries. The liability to pay damages means that dog bite victims can be compensated for their injuries--injuries that can be quite serious. The CDC reports that 885,000 people annually require medical attention for their dog bite injuries, and that in 2006, more than 31,000 people in the U.S. were forced to have reconstructive surgery as a result of dog bites. Dog bites can leave emotional scars as well, particularly among children, who may develop a lifelong fear of dogs, as well as other emotional problems.

Third-Party Liability

Although the statute makes the owner automatically liable, other persons in control of a dog (such as a dog walker) could also be found liable in some cases, if the person acted negligently or if the person knew or should have known the dog's likelihood of biting. Furthermore, although the statute is limited to dog bites, non-bite injuries caused by a dog may also give rise to liability, such as when a dog jumps up on someone, knocking them over, or when a dog's leash causes someone to trip and fall. While these sound like common occurrences, the issues involved can be complex, so if you have concerns about injuries caused by a dog or its owner, it's best to speak to an experienced attorney.

Exceptions

There are a few limited exceptions to the dog bite law, under which an owner would not be liable. One is when veterinarians and other professionals who make their living working with dogs "assume the risk" of dog bites as part of their job. Another is when the dog is provoked, such as a child who hits the animal with a stick.

Dog owners may be liable in other ways, as well. Even the threat of dog attack can, in some cases, make a dog owner liable for damages. A dog owner might also be found negligent for failing to obey a local ordinance governing dogs. Again, these issues may be more complex than they appear, and a lawyer can help sort out the details in your individual case.

Initial Steps After a Dog Bite

If you, or a loved one,  have been bitten by a dog, the first thing to do is to identify the dog and its owner. If the dog is a stray and cannot be found to be tested for rabies, the victim might be forced to undergo rabies shots (which can be quite painful) as a preventative measure, so quick identification of the dog is important. Next, get the name and address of the dog owner and any witnesses, if possible. And of course, you should quickly get medical attention for any injuries.

Consult With an Attorney

Even if you're covered by medical insurance, you may be entitled to compensation for your injuries, and your pain and suffering. Although people are often inclined to "chalk it up to experience" and move on, a dog bite can leave very serious physical and emotional wounds. Talking to an attorney about your rights and options can give you piece of mind and ensure that you're fairly compensated for any injuries and expenses you may have.

Article provided by Law Office of John J. Garvey, III
Visit us at www.johngarveylaw.com

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