Table of Contents
Yes, you can sue for a minor dog bite in California, but whether you have a viable case depends on the specific circumstances of the incident. In most cases, the process begins by filing an insurance claim with the dog ownerโs homeownerโs or renterโs insurance provider. If that claim does not result in fair compensation or is denied, you may then proceed to file a lawsuit to pursue damages through the courts.
In 2017, California had 2,228 dog bite claims totaling $90.4 million, representing the highest number and value of claims nationwide, according to the Insurance Information Institute. Dog bites occur frequently in California. Depending on the details of the incident, you may have legal options for seeking compensation for your injuries.
California law imposes strict liability on dog owners, meaning they are typically held responsible for injuries caused by their dogs even if the dog had never shown aggression before and the owner was not negligent. While there are exceptions, in most cases, victims can pursue accountability from dog owners under this statute.
If you have been bitten by a dog and suffer damages as a result of the bite, you may have legal grounds to seek compensation from the dog owner. Whether a dog bite is considered minor or serious depends on the facts of the case, including the extent of the injuries and medical treatment required. If the matter proceeds to court, the judge or jury ultimately determines the severity and appropriate damages.
At Arash Law, we have been helping dog bite victims in California navigate complex legal issues and can provide guidance tailored to your situation. Call our California dog bite injury lawyers at (888) 488-1391 to book a complimentary initial consultation, and weโll review your case for free. Our fee structure is based on the outcome of your case, meaning we only charge attorneyโs fees if compensation is obtained. However, you may still be responsible for certain case-related costs.
Exceptions To The California Dog Bite Law
Whether you can bring a lawsuit for a dog bite depends on the specific facts and circumstances of the case. Californiaโs strict liability laws stipulate that dog owners are liable for dog bites; however, there are some exceptions:
- Provocation โ If the victim provoked the dog, the owner may not be held liable. Provocation includes actions like teasing, hitting, or otherwise disturbing the dog.
- Veterinarians and Veterinary Staff โ Under California law, veterinarians and their employees who are bitten while treating a dog are typically excluded from strict liability and cannot sue under this law. They may pursue a negligence claim, which has a higher burden of proof.
- Bites During Criminal Activity โ If the person bitten was trespassing or committing a crime when the bite occurred, the dog owner may not be held strictly liable. This is because the strict liability law only applies when the victim is lawfully on the property where the bite occurred.
Understanding Provocation In California Dog Bite Cases
Provocation is defined by California law as an act someone takes to incite a dog for any reason. This can include teasing, poking, or other behaviors that agitate the dog. Sometimes this can be for fun, but sometimes it isnโt. If a dog bite occurs as a direct result of provocation, the victimโs ability to pursue damages through a civil claim may be limited or barred.
For example, if the dog was sleeping and a passerby poked it with a stick, causing it to bite, the dog owner is generally not liable because the victim provoked the dog. However, if a dog is already showing aggressive behavior and someone is bitten while trying to intervene or protect themselves, the victim may have grounds to seek compensation.
When itโs unclear who provoked the dog, the court will evaluate the evidence to determine liability. Because provocation can significantly affect dog bite claims, itโs important to document every detail of the incident and consider consulting with a dog bite lawyer.
Why The Location Of The Dog Bite Matters In California Cases
The location where a dog bite occurs is a crucial factor in determining legal responsibility. California Civil Code 3342 stipulates that โThe 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.โ
This means if you are bitten while walking on a public sidewalk, visiting someoneโs home with permission, or lawfully present on any private property, you may be able to seek compensation.
When you have been a victim of a dog bite, keep all documentation on the location of the bite. If you received an invitation to go to someoneโs house or business, keep it. Take pictures of the location where the dog bite occurred. This documentation can help support your case if there is any dispute about whether you were lawfully present.
There are situations where it can be difficult to assess liability in dog bite cases. For example, if the bite happens during police or military operations, or if the dog was working, like guarding property or helping catch a suspect. In these cases, the dog owner may not be personally responsible. Instead, the government agency that owns or controls the dog, such as the police department, could be liable for the bite.
However, if the dog was doing its job but the person bitten was under investigation by the police or was trespassing on private property, it may limit or even eliminate the chance to pursue damages. In other words, the court might decide that the bite was justified because of the circumstances, making it harder or impossible for the victim to succeed in a claim.
You can get help navigating challenges in determining liability by consulting a knowledgeable attorney. At Arash Law, our dog bite lawyers can help you understand your rights and work to pursue compensation for medical bills, lost wages, and other damages resulting from a dog bite incident. If you believe you may have a case, you can call our law firm in California at (888) 488-1391 to schedule a free initial consultation.
Can I File A Lawsuit If I Only Have A Minor Dog Bite?
Yes. Even if the bite seems minor, you may still be able to file a lawsuit to pursue compensation. Californiaโs dog bite law is written broadly because every situation is different, and even a minor bite can have unexpected consequences. Dog owners are generally liable when their dog bites someone, but the outcome of a case depends on the specific facts and evidence.
Determining the severity of a bite can be challenging without a medical evaluation. What appears to be a minor puncture or bruise could actually lead to infection, nerve damage, or persistent pain. Dog jaws are strong enough to cause internal tissue damage, even when the skin is not visibly broken. Symptoms or complications may also appear a day or two after the incident.
Even minor dog bites can be traumatic. Victims might experience anxiety around dogs, medical expenses, missed work, or emotional distress. If you were bitten, itโs important to document your injuries, seek medical care, and understand your rights under California law.
Dog bite attorneys can review the details, explain how the law applies to your situation, and help you determine whether you may be able to pursue compensation for your losses. They can guide you through the process of filing a claim.
Bitten By A Dog? Contact A Personal Injury Attorney For Legal Help
Being bitten by a dog can be a frightening and painful experience. Beyond the physical injury, dog bites can cause emotional distress and financial strain. If you are considering legal action, itโs important to understand your rights and the options available to you.
The law may allow compensation for damages resulting from a dog bite, but the outcome depends on the specific facts of each case. At Arash Law, our California personal injury attorneys can help you file a claim after a dog bite. Call our lawyers for dog bite cases at (888) 488-1391 or complete our โDo I Have A Case?โ form.
