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A Dog Owner¿s Civil Liability Under Civil Code ¿3342, the California ¿dog bite¿ Statute
The Dog Bite Statute
In California, there is no ¿free bite¿ rule for dog owners. Under Civil Code section 3342, the owner of a dog faces strict liability when their dog bites a person. A victim of a dog bite only needs to show that the dog bit them and caused injury requiring medical attention and care. The "dog bite statute" (Civil Code section 3342) clearly states that : 3342. (a) 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. (emphasis added)
Relief Under The Dog Bite Statute May Be Limited In Some Cases
In certain situations, the dog bite statute may not provide a basis for recovery for victims of a dog attack. However, there are other legal means of recovery, including proving that the defendant was negligent, had violated local leash laws, or that the owner, or other person responsible for the dog, had prior knowledge of the dog¿s dangerousness, or violated a duty of care owed to the victim.
The availability of each of these alternative legal theories of recovery will naturally depend on the varying facts in each case. A victim should consult with an attorney experienced in handling such matters in order to determine whether or not they are entitled to some legal relief in their own cases.
Liability for negligence
In many cases, whether or not the dog bite statute applies, there will also be liability because of the dog owner or keeper¿s negligence.
The victim of a dog attack needs only prove that the dog owner and/or handler was not reasonably careful in their handling or control of the dog under the circumstances, and that the victim¿s injuries were a direct result of the owner and/or handler¿s lack of proper care.As noted above, victims should always consult with an attorney experienced in handling such matters in order to determine whether or not they are entitled to some legal relief in their own cases.
Relief Under the Dog Bite Statue May Be Limited in Some Cases
In certain situations, the dog bite statute may not provide a basis for recovery for victims of a dog attack. However, there are other legal means of recovery, including proving that the defendant was negligent, had violated local leash laws, or that the owner, or other person responsible for the dog, had prior knowledge of the dog¿s dangerousness, or violated a duty of care owed to the victim.
The availability of each of these alternative legal theories of recovery will naturally depend on the varying facts in each case. A victim should consult with an attorney experienced in handling such matters in order to determine whether or not they are entitled to some legal relief in their own cases.
Liability for negligence
In many cases, whether or not the dog bite statute applies, there will also be liability because of the dog owner or keeper¿s negligence.
The victim of a dog attack needs only prove that the dog owner and/or handler was not reasonably careful in their handling or control of the dog under the circumstances, and that the victim¿s injuries were a direct result of the owner and/or handler's lack of proper care.As noted above, victims should always consult with an attorney experienced in handling such matters in order to determine whether or not they are entitled to some legal relief in their own cases.
Civil liability under local laws
Local municipal codes requiring the owners and keepers of dogs to maintain control of their dogs on leashes are another means of holding dog owners responsible for the damages and harm caused by their dogs.
In California, leash law violations generally constitute what lawyers call ¿negligence per se.¿ See, e.g., Delfino v. Sloan , 20 Cal.App.4th 1429. Leash laws are generally considered animal control laws enacted to protect the public health and safety. Violations of those laws is one means of recovering damages from the person or persons responsible for the injuries suffered by a dog bite victim, regardless of whether or not they intended to cause that harm.
Legal Remedies Available to Children
Children are generally entitled to recover on all the same theories and causes of action provided adults under California law. There are several aspects of California law which deal with dog attack cases involving children. As a result, it is important that you discuss your child's case with an experienced attorney who can address these special legal issues properly and will deal with you honestly.
A. Under Five-Years-Old
Under California law, children less than five-years-old are considered incapable of acting negligently. This deprives defendants of the ¿blame the victim¿ strategy usually adopted in these cases. See, e.g., People v Berry (1991) 1 CA 4th 778. In the Berry decision, the Court held that children under five were not legally responsible to act with due care. This also deprives defendants of the opportunity to claim that the victim caused the attack by provoking the dog.
B. Day Care Center Liability
Many children are bitten by dogs while they are in the care of preschools or day care centers. Preschools and day care centers remain liable for a child¿s injuries caused by a dog bite even where the school has required parents to sign a release for the school¿s own negligence. Again, parents should consult with an attorney experienced in handling such matters in order to obtain a determination as to the legal remedies that may be potentially available to them in their child's place specifically.
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Civil Liability Under Local Laws
Local municipal codes requiring the owners and keepers of dogs to maintain control of their dogs on leashes are another means of holding dog owners responsible for the damages and harm caused by their dogs.
In California, leash law violations generally constitute what lawyers call "negligence per se." See, e.g., Delfino v. Sloan , 20 Cal.App.4th 1429. Leash laws are generally considered animal control laws enacted to protect the public health and safety. Violations of those laws is one means of recovering damages from the person or persons responsible for the injuries suffered by a dog bite victim, regardless of whether or not they intended to cause that harm.
Legal Remedies Available to Children
Children are generally entitled to recover on all the same theories and causes of action provided adults under California law. There are several aspects of California law which deal with dog attack cases involving children. As a result, it is important that you discuss your child's case with an experienced attorney who can address these special legal issues properly and will deal with you honestly.
A. Under Five-Years-Old
Under California law, children less than five-years-old are considered incapable of acting negligently. This deprives defendants of the "blame the victim" strategy usually adopted in these cases. See, e.g., People v Berry (1991) 1 CA 4th 778. In the Berry decision, the Court held that children under five were not legally responsible to act with due care. This also deprives defendants of the opportunity to claim that the victim caused the attack by provoking the dog.
B. Day Care Center Liability
Many children are bitten by dogs while they are in the care of preschools or day care centers. Preschools and day care centers remain liable for a child¿s injuries caused by a dog bite even where the school has required parents to sign a release for the school¿s own negligence. Again, parents should consult with an attorney experienced in handling such matters in order to obtain a determination as to the legal remedies that may be potentially available to them in their child¿s case specifically.
C. Legal Fees In Minor's Cases
In all cases involving children under 18, legal fees are generally limited by law to 25% of any recovery obtained through settlement, verdict, or judgment. You need to be aware of this limitation in order to ensure that your child¿s interests are properly protected by the Court and your legal counsel. Always discuss the matter of fees with any attorney before you consider hiring him or her to represent your child.
You should always remember that no ethical attorney will ever promise you a recovery, nor will they predict the value of your specific case. These are two warning signs you should be looking for during your conversation with a lawyer about your child¿s case. If an attorney does promise a victory in your case, or gives you an estimate of your case value during your initial conversation, you should politely thank him or her for their time, and seek out another attorney.
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This pamphlet is provided by the Law Office of Donn Christensen, A Professional Corporation, solely for informational and educational purposes. If you believe that you, or a family member, may have a legal claim related to injuries suffered after being bitten by a dog, you should immediately contact an experienced attorney to discuss the specifics of your particular case. Any delay could cause you to forever lose your legal right to seek compensation in a California court of law.
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