FAQ's About Dog Bite Cases

The following material is presented for informational purposes. Due to the legal complexities involved in dog bite cases it is recommended you contact our office immediately after you or a family member sustains a dog bite injury. There is absolutely no charge or obligation when consulting with us. We handle dog bite cases on a contingent fee bases. If there is no recovery, you will not be charged any fees.

Who is liable for damage caused by a dog bite in California?
Can anyone other than the owner of a dog be responsible for damages?
Are there any exceptions to liability?
What does a dog bite victim's attorney have to prove to obtain damages for his client?
How are damages calculated in dog bite cases?
Who actually pays the damages to dog bite victims?
How do you find out whether the person liable for the dog bite is insured?
What will happen to the dog?

1. Who is liable for damage caused by a dog bite in California?

The law in California states that the owner of a dog is fully responsible for all damages to the victim who was bitten by a dog.

2. Can anyone other than the owner of a dog be responsible for damages?

The dog bite statute imposes liability solely on the dog owner. However, any person might be liable if he or she was negligent or maintained custody or control of the dog with knowledge that the dog was dangerous. In cities with a "leash law," violation of the leash law constitutes a form of negligence.

The victim can direct a claim to other possible defendants, including employers, landlords and breeders. It is even possible to make a claim against someone who negligently entrusted a dog to another person who could not control it, like a child. Claims against people other than the owner might be crucial under certain circumstances, such as when the dog owner lacks insurance.

3. Are there any exceptions to liability?

Yes, under the following circumstances the owner of the dog could escape liability if:

The victim was a trespasser;
The victim was a veterinarian who was treating the dog at the time of the incident;
The victim was committing a felony;
The victim provoked the dog;
The dog was assisting the police or the military at the time of the incident.

4. What does a dog bite victim's attorney have to prove to secure damages for his client?

The attorney must prove at least the following things:

(a) The identity of the owner of the dog;
(b) That the dog bit the victim;
(c) That the victim, at the time of the bite, was in a public place or lawfully in a private place, which could also be the property of the dog owner;
(d) That the bite caused injury, suffering, loss or harm;
(e) That the attack could not be excused because of any of the exceptions listed in Question 3;
(f) If the defendant did not own the dog, then 1) the defendant was negligent and the negligence was the cause of the injury or 2) the defendant kept or harbored the dog with knowledge that it either previously bit someone or clearly behaved as thought it would bite someone someday.

5. How are damages calculated in dog bite cases?

If the conditions stated in Question #4 are met, the victim can receive money for all of the following things:

Medical treatment such as first aid, emergency room, hospital and ambulance;
Future medical treatment for scar reduction;
Psychological counseling to overcome the emotional trauma of the attack; fear of dogs, fear of being outdoors, and dealing with disfigurement;
Loss of earnings from work or the victim's business;
Torn clothing and broken glasses;
Medications.

6. Who actually pays the damages to dog bite victims?

Many serious dog attacks involve the dog of a friend or family member. Therefore, victims frequently worry about who will pay their damages because they don't want a friend or family member to feel the burden. There is no reason to worry. Even though the dog owner is technically liable, the damages usually are paid by:

Homeowner's insurance;
Renter's insurance;
Landlord's insurance;
Dog owner insurance;
Insurance covering employers and breeders, if they are responsible.

Therefore, if you are a victim and the dog owner is a friend or family member who is covered by insurance, and if that insurance has a limit high enough to cover your needs, there is no possibility that your friend or family member will ever have to pay one cent toward your compensation.

There have been cases where a defendant in a lawsuit had to pay for damages out of his or her pocket because:

The insurance was inadequate;
There was no insurance
The defendant acted with actual malice and intentionally caused the injury, and the damages were designed to punish him or her.

However, the victim has complete control as to whether to ask for or collect such compensation. If the victim decides against pursuing certain damages, there is no possibility that the dog owner will have to pay them.

7. How do you find out whether the person liable for the dog bite is insured?

If you can speak to the dog owner, ask whether he or she has any of the insurance policies listed in Question #6.

People frequently do not know whether their insurance covers a particular type of loss, including a dog bite. Furthermore, some people deny they have insurance when in fact they do have it. Therefore, do not rely on the dog owner's statement that he or she does not have insurance. Rather, contact us. We will find out the true insurance status of the dog owner. Furthermore, we will also discover whether there are additional persons who might be liable for your damages.

8. What will happen to the dog?

In most cases, absolutely nothing happens to the dog except that it might be quarantined for a few days (frequently at the dog owner's home). If the attack is brutal or other conditions are met, however, the local animal control authority or court may issue orders requiring that the dog be confined or destroyed.