Who Is Responsible For A Dog Bite?

Dogs have been our loyal companions for thousands of years, and our bond with them remains unique and enduring. However, it is important to acknowledge that dog bite incidents are a significant concern, resulting in serious physical, emotional, and financial repercussions. Each year, millions of people in the United States are bitten by dogs, with many requiring medical treatment and, in some cases, long-term care.

In most cases, the owner is held primarily responsible for any injuries caused by their pet. However, laws regarding dog bite liability differ across states. Thirty-six states, including California, have a strict liability rule for dog bites, meaning an owner is automatically responsible for a dog bite regardless of the dog’s previous behavior or the owner’s knowledge of its aggression.

On the other hand, some states follow the one-bite rule, which generally means that a dog owner may not be held strictly liable for the first bite their dog inflicts, provided the dog has not previously shown any signs of aggression or dangerous tendencies. However, liability can still arise if the owner was negligent or had reason to believe the dog could be dangerous.

Laws Determining The Responsible Party For A Dog Bite

Two main legal theories help determine a dog owner’s liability for injuries and damages caused by a dog bite.

• Strict Liability — This liability applies if the victim was lawfully present in a public place or on the owner’s property at the time of the bite. Under strict liability laws, the dog owner is always responsible for a dog bite, regardless of its previous behavior or whether the owner took preventive measures.

  In California, for example, strict liability applies to dog bite cases. Does this mean victims can sue for a dog bite? Yes, even if the bite seems minor. Under the state’s dog bite laws, whether or not the dog displayed aggressive behavior before is irrelevant.

  However, certain exceptions exist. ​​Provocation (e.g., teasing, taunting, harming the dog) may reduce or eliminate the owner’s liability. It’s important to note that strict liability typically applies only to dog bites, while other injuries caused by dogs (e.g., a dog knocking someone over) may require proving negligence.

• One-Bite Rule — Under the one-bite rule, the dog owner is generally not liable for a bite that occurs if the dog has never previously shown aggression or bitten anyone. Essentially, the first time a dog bites someone, the owner is not automatically liable, hence the term “one bite.”

  The key element here is the owner’s knowledge of the dog’s tendencies. Evidence of previous threatening behavior (e.g., growling or lunging) can establish the owner’s knowledge of the dog’s risk. If the dog has never bitten anyone or shown signs of aggression, the owner may not be held responsible because there was no previous indication that the dog posed a risk. However, even in one-bite rule states, an owner could still be held liable for the first bite if negligence is involved, such as failing to control or properly secure the dog.

Other Potentially Responsible Parties For A Dog Bite

In most dog bite cases, the dog’s owner pays for the victim’s damages. However, other individuals or entities may also be liable under certain circumstances.

Dog Sitter Or Walker

In some situations, a dog sitter, walker, or trainer may be responsible for a dog bite if they were in charge of the dog at the time of the incident. If the dog’s behavior was not adequately managed or the person responsible for the dog failed to take appropriate precautions, they could be held accountable. Here are some examples:

• A dog walker who allows the dog to roam off-leash and the dog bites someone could be held liable for failing to control the animal properly.
• A dog sitter who leaves a dog unattended or fails to prevent an attack might be found negligent if the dog bites someone while under their care.

Residential Property Owners

If the owner of a residential property where the dog bite happened is also the dog owner, they can be held legally responsible through strict liability. If not, the victim must prove that the owner knows an aggressive dog is on their property. Property owners are also responsible for keeping their properties safe and secure. Therefore, they can be held liable if the dog escapes from their property due to a hole in the fence or other defects and attacks and bites someone a few blocks away.

Landlords

A landlord may be held liable for a tenant’s dog biting someone on the property if the landlord knew about the dog’s aggressive tendencies and failed to take appropriate action. Examples include enforcing pet restrictions in the lease, addressing complaints, or requiring the tenant to control or remove the dog. However, liability typically requires that the landlord have sufficient time and the ability to act before the incident occurs.

Business Owners

If a dog bites a customer or visitor at a business, the business owner may be held responsible if they fail to manage the situation appropriately. For example, the business owner could be deemed negligent if the dog was allowed to roam freely in an area where customers were not adequately protected.

Other Potentially Liable Parties

Other parties, like homeowner associations (HOAs) and daycare facilities, can be liable depending on the circumstances. HOAs must keep common areas safe and warn residents of known hazards. They can be legally responsible if the incident happens on their property.

The same can be said about daycare facilities. As parents, you trust these childcare centers to care for your children. A dog bite incident inside their premises involving a child requires a thorough investigation to determine the extent of the management’s accountability.

While it’s logical to place all the responsibility over a dog bite incident on the owner, the truth is there could be more than one person accountable. Finding every party who might be at fault is essential for victims pursuing financial compensation for their damages. The dog owner might not be able to compensate the victim entirely. Hiring a dog bite lawyer is critical in examining the facts of the case and identifying the right people to recover damages from.

When Is A Dog Owner Not Responsible For A Dog Bite In California?

The owner cannot be held accountable in some situations despite California’s strict liability law regarding dog bites.

Provocation

Dogs may bark, which is usually a natural reaction to their environment, even if they are not interacting with anyone directly. However, certain actions can provoke a dog, causing it to react aggressively. Provocation occurs when a person’s actions instantly and drastically alter the dog’s behavior. Examples of provocation include:

Such actions may influence the outcome of a dog bite case, as they can limit the owner’s liability by demonstrating that the dog’s aggressive response was a result of intentional provocation.

Trespassing

Under California law, strict liability only applies if the victim is lawfully present on the property where the bite occurred. For example, if a dog bite occurs while someone is trespassing or ignoring signs like ‘no trespassing’ or ‘beware of dogs,’ the owner may not be held responsible. Each case depends on the specific circumstances.

Police Or Military Work

Police and military dogs operate under special circumstances and are trained to act only when necessary. As such, strict liability does not apply if the dog bites someone while performing official duties, such as:

• Apprehending or holding someone based on a “reasonable suspicion” of criminal involvement.
• Investigating a crime or possible crime.
• Executing a warrant.
• Defending a peace officer or another person.

Part Of Professional Duties

Dog owners are generally not held liable for bites sustained by professionals who work closely with animals, such as veterinarians, groomers, handlers, kennel staff, dog trainers, and dog show judges. These professions inherently involve an assumed risk of injury, including the possibility of being bitten. This assumption of risk limits the owner’s legal responsibility in most cases.

However, while this risk is considered a natural part of these roles, there are exceptions. Liability may arise if the owner acted negligently, such as by failing to inform the professional about the dog’s known aggressive tendencies or if the injury occurred under unusual circumstances.

Every case is unique, and the specific facts surrounding the incident will determine whether liability applies. Professionals injured while performing their duties should seek legal guidance to understand their rights and evaluate potential exceptions to the assumed risk rule.

How To Hold A Dog Owner Responsible For A Dog Bite

Even if some states like California strictly hold dog owners liable for dog bite accidents, you still have a crucial part to play as the injured victim. Here are some steps to consider if you want to hold the responsible parties liable for your dog bite injuries:

• Get Medical Help Immediately — Seeking prompt medical attention, even if you think your injury is minor, can help ensure your recovery. More importantly, it provides an official record detailing the extent of your injuries and connecting it to the dog bite, which will serve as evidence in your case against the dog owner.
• Report The Dog Bite Incident — Reporting the incident to the police and local animal control helps ensure an official record of the event is created. The authorities’ official report can help strengthen your claim.
• Be Careful Around Insurers — The dog owner’s insurance company is typically responsible for compensating you after a dog bite incident. However, it’s important to remember that their primary goal is to protect their profits, not your best interests. They may attempt to minimize their insured’s liability to reduce your payout. To safeguard your rights:
  • Avoid discussing the incident directly with the dog’s owner or their insurance provider.
  • Do not apologize, make recorded statements, or sign any documents without first consulting legal counsel.
• Consult A Skilled Dog Bite Lawyer — To learn more about your legal rights and options after a dog bite incident, speak with a personal injury lawyer who specializes in dog bite cases. They will fight for the maximum compensation by building a strong case against the dog owner and other responsible parties. To ensure your case is compelling enough, skilled dog bite attorneys will help you gather the necessary evidence to bolster your claim.

Gathering Evidence For A Dog Bite Case

If you are bitten by a dog, your safety and well-being should be your priority. Once you’ve ensured your safety and received necessary medical attention, start gathering evidence to support your dog bite claim. Apart from getting the dog owner’s information (owner’s name, address, and phone number) and details about the dog (e.g., breed, vaccination records, prior incidents), other key pieces of evidence include:

Medical Evidence

Medical records are the most compelling evidence in a dog bite case. They establish the extent of the harm done, the treatment received, and the link between the attack and your injuries. Here are some examples:

• Emergency room or doctor’s notes.
• Photos of bite marks, bruises, or other visible injuries that are taken immediately after the incident and during recovery.
• Diagnosis of long-term or permanent damage (e.g., nerve damage or scarring).
• Documentation of prescribed medications, surgeries, or therapy.

Video Or Photo Evidence

The best evidence you can gather to bolster your dog bite case apart from your medical records is footage of the incident. Photographs and videos provide undeniable proof of the incident, the injuries, and the circumstances of the attack. Try to capture:

• Footage or images of the dog during or immediately after the attack.
• Bite marks or other visible injuries.
• The location of the attack, including any relevant hazards (e.g., a broken fence or open gate).
• Surrounding areas that might highlight negligence (e.g., absence of warning signs like “Beware of Dog”).

Police or Animal Control Reports

Official reports document the incident and may include valuable insights, such as the dog’s prior history of aggression or violations of local animal control laws. You can ask a dog bite lawyer to request the following for you:

• Copies of any reports filed with animal control or law enforcement.
• Contact details for the officers or officials involved.

Clothing And Personal Items

Additional pieces of evidence you can preserve include the exact clothing you wore during the attack and any torn or bloodied items. Avoid washing or altering them. DNA evidence on these items can confirm the dog’s involvement. Store physical evidence (e.g., clothing) in a clean, secure bag or container to prevent contamination.

Witness Testimonies

Witnesses provide neutral accounts that can validate your claims. At the same time, evidence of negligence demonstrates the dog owner’s failure to take reasonable precautions, such as properly restraining the dog or securing the property.

Collect the names and contact information of anyone who saw the attack. Ask witnesses to describe what they observed, including any indications of the dog owner’s negligence or the dog’s aggressive behavior.

Legal Consequences Dog Owners May Face After A Dog Bite

Dog owners risk legal repercussions if they don’t take the necessary safety measures to prevent their animals from hurting people. The owner may be subject to civil and criminal penalties if their dog bites someone. The circumstances surrounding the incident, the extent of the victim’s injuries, and the owner’s negligence all affect the legal ramifications.

• Civil Liability — A dog owner’s civil liability in the event of a dog bite entails compensating the victim for their injuries and other damages. The owner should pay for the harm done to the victim, including medical costs, lost income, and pain and suffering.
• Criminal Liability — Criminal charges may be brought if the dog bite attack causes severe injury or death. The owner may face charges such as homicide, assault, child endangerment, or other criminal offenses applicable to the circumstances.

In several jurisdictions, a dog determined to be extremely dangerous to the public and has seriously injured or killed someone may be humanely euthanized. This is usually a last resort for extreme cases and may depend on the circumstances. While this is tragic news for the owner, it highlights how serious it is for them to handle their dogs responsibly.

Dog Owners’ Legal Responsibility For Injuries And Damages

You need to know the injuries and other damages that might result from a dog bite incident. Their type and severity, ranging from minor to life-threatening, influence your legal claims. You can hold the dog owner liable for covering your medical expenses, including future treatments, for these injuries:

• Infections — Bite wounds may become infected due to bacteria in a dog’s mouth, requiring antibiotic treatment.
• Lacerations & Puncture Wounds — Dog bites can result in punctures and deep cuts, requiring prompt medical attention to address bleeding.
• Fractured Bones — A dog’s jaw is powerful enough to break a victim’s bones. The victim may also get knocked to the ground, leading to fractures.
• Soft Tissue Injuries — The muscles, tendons, and nerves may sustain damage from severe bites, resulting in a loss of function or sensation.

The dog owner can be legally responsible for your ongoing and future medical bills and other damages. In fact, the law allows you to recover both economic or financial damages and non-economic damages or pain and suffering through a personal injury claim. You must prove that a dog bite brought on your damages to receive compensation for the following losses:

• Lost incomes from missed workdays.
• Lost or reduced earning capacity due to temporary or permanent disability.
• Psychological trauma.
• Emotional and mental anguish.
• Loss of consortium for injured spouses.
• Wrongful death damages, including burial and funeral expenses, in tragic cases where the victim is killed.

No amount of money can bring back the life of a loved one. Still, recovering compensation can help ease your financial burden when dealing with a tragic event. Let our compassionate dog bite lawyers guide you in seeking justice.

The Alarming Truth About Dog Attacks: Statistics and Trends

According to the American Veterinary Medical Association, every year, millions of people fall victim to dog attacks, resulting in devastating consequences. The numbers are staggering: over 4.5 million people are bitten by dogs annually in the United States, with 800,000 requiring medical attention. According to the National Library of Medicine, on average, 30 to 50 people lose their lives to dog attacks each year in the United States. This tragic statistic is a sobering reminder of the importance of responsible dog ownership and the need for increased awareness about dog safety.

Dog Bites Are On The Rise

In 2019, 48 dog bite-related fatalities occurred in the United States. The victims were predominantly adults, with 67% of deaths occurring among those aged 19 and older. Non-family dogs accounted for 56% of dog bite fatalities, and 63% of fatal attacks involved multiple dogs. These statistics serve as a reminder of the importance of continued education and awareness about dog safety.

Dogs greatly benefit humans but also cause injuries and deaths that remain a national health concern. The Centers for Disease Control and Prevention reported that dog bites and attacks killed 468 people from 2011 to 2021, averaging 43 deaths per year.

After COVID-19 lockdowns, emergency room visits, hospitalizations, and deaths due to dog bites in California hit new records. The Department of Health Care Access and Information reported 48,596 dog bite ER visits in 2022. That number translates to 125 per 100,000 residents, representing a 70% increase from 2005. Although dog bite deaths are rare, the death rate in the Golden State jumped 70% during roughly the same time frame. From 2018 to 2022, there were 28 deaths.

The Financial Burden of Dog Attacks

Dog bites collectively cost the U.S. healthcare system hundreds of millions annually. A statistical brief from the Agency for Healthcare Research and Quality reported that a dog bite-related hospital stay costs $18,200. This financial burden is felt not only by the victims and their families but also by the healthcare system as a whole. In rural areas, dog bite-related ER visits and hospital stays are four times higher than in urban areas, highlighting the need for targeted education and prevention efforts.

The Most Vulnerable Victims

The most vulnerable victims are children, who account for a disproportionate number of dog bite-related injuries and fatalities. Surprisingly, children are more likely to suffer severe injuries and are most often bitten by familiar dogs (family pets or dogs they know).

According to an article from the National Library of Medicine, children under the age of 4 are particularly susceptible to dog attacks, with over 70% of bites occurring in the head or neck region. Boys are more likely to be victims of dog attacks than girls, and the consequences can be severe.

The Postal Service: A High-Risk Profession

In 2022, over 5,300 United States Postal Service workers were attacked by dogs while delivering mail. Pennsylvania had the 4th highest number of dog bite attacks, with Philadelphia and Pittsburgh ranking 11th and 17th, respectively.

Breed-Specific Statistics

While breed-specific legislation is contentious, the data is clear: certain breeds are overrepresented in dog bite-related fatalities. According to a comprehensive study conducted by the Centers for Disease Control and Prevention (CDC) spanning nearly two decades (1979-1996), Pitbulls, Rottweilers, and German Shepherds accounted for the majority of dog bite-related fatalities.

However, the CDC no longer supports breed-specific fatality data, citing concerns about accuracy and context. The original study relied on media reports, which are prone to errors and often failed to account for critical factors such as the misidentification of breeds, the circumstances of the attacks, and the role of the owner’s actions or negligence.

More recent studies on breed-specific statistics are limited. Experts emphasize that a dog’s behavior is influenced far more by environment, training, socialization, and owner responsibility than by breed alone. Misidentification of breeds, particularly in mixed-breed dogs, further complicates the issue. Breed-specific legislation remains a divisive topic, as it often targets specific breeds without addressing the underlying causes of aggression, such as neglect, abuse, or lack of proper training and supervision.

The statistics are clear: dog attacks are a serious public health concern. However, we can reduce the number of injuries and fatalities by taking steps to prevent dog attacks, including the following:

• Ensuring dogs are properly restrained and supervised.
• Educating children about dog safety.
• Providing adequate training and socialization for dogs.
• Supporting breed-specific legislation and education initiatives.

Filing A Homeowners Insurance Claim After A Dog Bite

The dog owner’s homeowners’ or renters’ insurance typically covers dog bite claims. This is crucial, especially if the dog that bit you is owned by a loved one or a friend. You may understandably be reluctant to hold them responsible and sue for damages.

These claims are typically covered up to the insurance policy limits, which range from $100,000 to $300,000. However, many insurance providers impose breed restrictions on coverage. If such a limitation applies in your case, a dog bite lawyer can review the policy and explore other potential sources of recovery.

After a dog bite incident, it’s important to begin the claims process promptly by filing a homeowner’s insurance claim. Avoid admitting fault when reporting the bite to the dog owner’s insurance provider. Keep your statements brief and stick to the facts to protect your interests.

You might wonder, “Do I need a personal injury lawyer during this process?” Although the insurance company wants to resolve the claim, its goal is to protect its bottom lines by minimizing payouts. Therefore, before accepting any settlement, speak with a personal injury lawyer first. A skilled attorney can assess the offer, see through insurance tactics, and negotiate on your behalf to ensure you get the most money for your ongoing and future damages.

The Deadline For Holding Dog Owners And Other Parties Responsible For A Dog Bite

You need to observe a time limit to recover compensation from the responsible dog owner. This period is called the “statute of limitations.” Along with other personal injury cases, lawsuits involving dog bites in California are subject to a two-year deadline. A plaintiff must bring legal action within two years of the dog bite incident.

There are specific instances where the deadline is tolled, but missing it always has dire repercussions. The court would most likely reject your case if you submit the claim too late. This is another reason to hire a dog bite lawyer. While you focus on your recovery, an experienced dog bite injury lawyer can handle the complexities of the legal process and ensure your case is filed on time.

Frequently Asked Questions

Why Do Dogs Bite?

Even a dog that is well-trained and well-mannered can suddenly become aggressive. Still, dogs don’t just bite people for no reason. A dog might bite if:

Can I Sue For A Minor Dog Bite?

Victims who sustained minor dog bites may experience unexpected outcomes. What may seem like a minor injury can later become infected, leading to costly and often painful treatments. Bacteria from a dog’s mouth can enter the body through the slightest bite or scrape, potentially causing severe or life-threatening infections such as sepsis, rabies, or tetanus.

It’s important not to underestimate the potential risks of any dog bite, no matter how minor it initially appears. Regardless of the bite’s severity, you may be entitled to economic and non-economic damages, depending on the extent of your injuries and the associated costs. These damages include medical bills, lost wages, and compensation for pain and suffering.

How Do I Prove Liability For A Dog Bite?

Whether strict liability or other legal theories apply, an injured party must clearly establish the necessary elements to recover damages. In states like California, strict liability simplifies this process, while in non-strict liability states, proving negligence or prior knowledge of aggression adds an extra layer of complexity. Consulting with an experienced personal injury attorney is critical to building a strong case in either scenario.

What If The Dog Owner Runs Away?

In California, a fine of up to $100 may be imposed on dog owners who leave the scene of a dog bite incident without fulfilling their duties. The owner or person in charge must provide the injured person with their name, address, phone number, and the involved animal’s name and license tag number within 48 hours. Moreover, they must report the animal’s vaccination status. If the responsible party is a minor, they should provide the contact information of an adult owner or guardian.

What Is The Average Compensation For A Dog Bite In California?

The typical settlement for a dog bite case might range from a few thousand dollars to hundreds of thousands. The severity of the injuries and damages, any associated medical costs and treatments, and any possible negligence on the side of the dog owner all impact the settlement amount. If a dog bites you or a loved one, seek knowledgeable dog bite lawyers to help you pursue monetary compensation.

What Can Dog Bite Lawyers Do For Me?

If you’re unsure how to proceed following a dog bite incident, you can start by consulting with a dog bite attorney. Experienced dog bite attorneys have spent years protecting the rights of those who have been wrongfully injured. The initial consultation where you can determine the viability of your case is free, so get in touch with the personal injury lawyers at Arash Law right now. They can help you with the following:

• Evaluate how severe your injuries are and whether your claim is valid.
• Determine whether the dog is considered vicious or dangerous.
• Assess if the owner’s actions were negligent, intentional, or motivated by malice.
• Negotiate with the insurance company and fight for maximum compensation.
• Represent you in court in case the insurance company denies your claim.

Call Our Dog Bite Lawyers To Hold Negligent Dog Owners Responsible

Arash Law has recovered over $500 million in compensation for injured accident victims and their families. Led by the esteemed Arash Khorsandi, Esq., we have built a reputation as experts in personal injury law, including dog bite claims. If you or a loved one got injured in a dog bite incident, our committed team of dog bite lawyers is here to help you get the justice and compensation you are entitled to.

Don’t hesitate to contact us for the best legal advice and assistance. As one of the biggest personal injury law firms in California, we are committed to advocating for the rights and interests of victims. Take the first step by arranging a free case evaluation. Call (888) 488-1931 or complete our “Do I Have A Case?” form. Our top-rated legal team will guide you toward your physical and financial recovery.

Our top-rated injury law firm is available across California, including Los Angeles, San Diego, San Francisco, Sacramento, Long Beach, Anaheim, Irvine, Riverside, San Bernardino, Bakersfield, Fresno, Stockton, and many more.